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HomeMy WebLinkAboutJune 23, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40`" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763} 706-3692 Visit our x~ebsite at: ;~::'.J.cLC3a.,«bi••_ba ~fttr•.m for Gary L. Peterson Councilmembers Robert .A. W;1[;ar„s Bruce Nawrocki Tammera Diehm Bruce Kel=enberg City Manager Walter 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, June 23, 2008 in the City Council Chambers, City Hali, 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. Dave Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDTTIONS/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 ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONSg RECOGNITION. ANNOUNCEMENT5 AND GUESTS A. Introduction of Shelia CartneY, Assistant Community Development Director S. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe 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 June 9 2008 Columbia Hei htg s City Cotmcil meeting and June 16 2008 emer ency City Council meeting. MOTION: Move to approve the minutes of the June 9, 2008 City Council meeting. Ps MOTION: Move to approve the minutes of the June 16, 2008 emergency City Council meeting. Pl6 B. Approve 2008-2009 IAFF Labor Agreement pl7 MOTION: Move to waive the reading of Resolution 2008-137, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-137, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January i, 2008 -December 31, 2009. City Council Agenda Monday, June 23, 2008 Page 2 of 4 C. Recognize distribution of the 2007 Comprehensive Annual Financial Report and the Ind_e_pendent Auditor's Report pzz MOTION: Move to recognize that the 2007 Comprehensive Annual Financial Report for the City of Columbia Heights, including the independent auditors report from HLB Tautges Redpath Ltd., was distributed to council members on June 23, 2008, and move to schedule July 14, 2008 at 6:00 p.m. as the date and time to meet with the auditor. The auditor will be given 30 minutes to present the 2007 audit findings, recommendations and changes in fund balances, followed by a time period for council questions. D. Establish a Public Hearing; to consider an alley Ii~ht based. upon a petition received. pz3 MOTION: Move to establish Monday, July 28, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 1320 and 1328 41st Avenue. E. Approval of the attached list of rental housing license applications, in that they have met the pz6 requirements of the Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for June 23, 2008. F. Approve the Business License Applications p28 MOTION: Move to approve the items as listed on the business license agenda for June 23, 2008 as presented. G. Approve payment of the bills p3o MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 126198 through Check Number 126364 in the amount of $1,516,476.62. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2008-138 First Amendment to the Amended and Restated Contract for Private Redevelopment Huset Park Redevelopment) pia MOTION: Move to waive the reading of Resolution 2008-138, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2008-138, a First Amendment to the Amended and Restated Contract for Private Redevelopment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. B. Bid Considerations C. Other Business 1. Adopt Resolution 2008-139 awarding the sale of $ Taxable G.O. Housing p49 Improvement Area Bonds, Series 2008A; fixing their form and specificatons• directinP their execution and delivery and. providing; for their payment. MOTION: Move to waive the reading or Resolution 2008-1.39, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2008-139, a Resolution Awarding the Sale of $ , City Council Agenda Monday, June 23, 2008 Page 3 of 4 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A; Fixing their form and specifications; Directing their execution and delivery: and providing for their payment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 2. Authorize Public Safety Center Bond Issue p66 MOTION: Move to authorize the public safety center bonds to be sold in two issues, one at $10 million with. an additional bond of $1.5 million, to make both issues bank qualified. 3. Establishment of Neighborhood and Housing Planner Position p69 MOTION: Move to establish the position of Neighborhood and Housing Planner and a 2008 Monthly Salary Range of $5,133 to $5,833. 7. PUBLIC HEARINGS A. 2nd Reading: Adopt Ordinance 1.549, being an Ordinance pertaininP to the rezonin~.of properties located at 925 41st Avenue NE from R-4 to PO. p77 MOTION: Move to waive the reading of Ordinance No. 1.549, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1.549, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1549. B. 2nd Reading: Adopt Ordinance 1550, being a Zoning Amendment to create the Shoreland paz Overlay District MOTION: Move to waive the reading of Ordinance No. 1550, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1550, being an ordinance amending Ordinance No. 1490 City Code of 2005, relating to the Public and Open Space Zoning District in the City of Columbia Heights. C. 2nd Reading- Adopt Ordinance No. 1547, being an Ordinance for Erosion Control. p98 MOTION: Move to waive the reading of Ordinance No. 1547, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1547, being an ordinance pertaining to Erosion and Sediment Control. D. Adopt Resolutions 2008-140, 1635 49th Avenue N.E., 2008-141, 3853 Jackson. Street_N.E., pill 2008-142 4237 2nd Street N E 2008-143 3931 Jackson Street N.E. 2008-144 3975 Jackson Street N.E., and 2008-145, 3915 Ulvsses Street N.E. beinP decaratons_ofnulsance and abatement of violations within the CitX of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-140, 141, 142, 143, 144, 145 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-140, 141., 1.42, 143, 1.44, 145, 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. 3 City Council Agenda Monday, June 23, 2008 Page 4 of 4 E. Adopt Resolutions 2008-146, 3911 Van Buren Street N.E., 2008-147, 3959-61 Polk Street N.E., 2008-148. 4502 Washington Street N.E., 2008-149, 4509 Fillmore Street N.E., and 2008-150, 1307-1309 Circle Terrace Blvd. ?~T.E. being Resolutions of the City Council of the City of p124 Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Code. MOTION: Move to close the public hearing and to waive the reading ofResolution Numbers 2008-146, 1.47, 148, 149, 150 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-146, 147, 148, 149, 150 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. 8. ADMINISTRATIVE REPORTS Report of the City Manager • July 7, 2008 work session items Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. 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. COUNCII. CORNER 11. ADJOURNMENT ,~ .~ ~ °`~ ~;:~ _ Walter R. Fehst, City Manager WF/pvm 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA FIEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 9, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 09, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/Il`TYOCATION Rev, Dan Thompson, Assembly of God Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolution No. 2008-135 as the property has been broughtrnto compliance. Nawrocki asked that the items from the June 2 work session be discussed. PROCLAMATIONS, PRESENTATIONS. RECOGNITION, ANNOUNCEMENTS AND GUESTS A. 2008 Humanitarian Award -Cliff and Sharon Shedlov Peterson announced the 2008 Humanitarians of the year, Cliff and Sharon Shedlov. He read the various volunteer works they have participated in. Peterson presented a plaque to Cliff and Sharon and thanked them for their contributions to the City of Columbia Heights. Peterson stated that they would also ride in the Jamboree parade. Nawrocki stated that the Jamboree would be held this year June 26 through June 29. He listed the events and the parade time and route. He also gave the history of the parade. CONSENT AGENDA City Manager Walt Fehst took the Councilmembers through the consent agenda items. A. Approve minutes of the May 27, 2008 Columbia Heights City Council meeting. Motion to approve the minutes of the May 27, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the Charter Commission meeting of April 16, 2008. Motion to accept the minutes of the Traffic Commission meeting of March 3, 2008. Motion to accept the minutes of the Library Board meeting of May 6, 2008. Motion to accept the minutes of the Planning and Zoning Commission of June 3, 2008. C. Adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limits. Fehst stated that last year the City Council waived the upside limit of insurance and added an additional $1,000,000. Bill Elrite, Finance Director stated that the individual limit of $400,000 was waived and the overall limits were increased by a total liability of $1,000,000. Fehst stated that our premiums are down by $10,000 and are a total of $250,000. Motion to waive the reading of Resolution 2008-136, there being ample copies available to the public. Motion to adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limits. City Council Minutes Monday, June 09, 2008 Page 2 of 11 RESOLUTION N0.2008-136 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self-insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMC1T); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived. NOW, THEREFORE, BE 1T RESOLVED that the Columbia Heights City Council does hereby accept excess liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. D. Approve Access Control at the Municipal Service Center Facility Fehst stated that over a $1,000,000 was spent on improvements to the Municipal Service Center and this was an obvious security measure. This would be the same security system used at City Hall. Motion to appropriate funds from the 411 Capital Improvement Fund for this project and to authorize the Mayor and City Manager to accept the proposal anal enter into a contract with Marco for access control and a security system at the Public Works garage, in the amount of $17,088.31, plus sales tax. E. Avvroval of the re-issuance of the license to overate a rental unit(s) within the City of Columbia HeiPhts at 4131 Jefferson Street N E Motion to issue arental-housing license to Peter Sax to operate the rental property located at 4131 Jefferson Street N.E. in that the provisions of the residential maintenance code have been complied with. F. Ayproval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Fehst stated there is a current freeze on any new licenses for up to 180 days. Motion to approve the items listed for rental housing license applications for June 9, 2008. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 9, 2008 as presented. H. 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 1.26022 through. Check Number 126197 in the amount of $934,178.34. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Reading of Ordinance Number 1547, being an Ordinance for Erosion and Sediment Control Kevin Hansen, Public Works Director, stated we are under the second generation of the permit program for the National Pollution Discharge Association. We were required to renew our permit 6 City Council Minutes Monday, June 09, 2008 Page 3 of 11 in 2007, which required this type ordinance be adopted. The basis of the ordinance is from a model presented by the League of Minnesota Cities. It will require a permit process to control. erosion and details co~.struction requirements for specific amounts of soil removal, and construction waste control, such as wash out facilities for concrete deliveries. The ordinance defines the inspection procedure. Enforcement was not included. in our current ordinance. This allows us to shut down a project that is in violation of the ordinance. This is a Federal and State PCA requirement. Nawrocki asked when this would affect a Columbia Heights property owner. Hansen stated in land movement of more than 50 yards of material for residents and 50,000 yards for commercial construction. Hansen stated this is for control of erosion and sediment. 50 yards of material is about five truckloads of dirt. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1547, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Diehrn, aye; Nawrocki, aye; Peterson, aye. Williams was absent from the dais. 4 ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to establish the second reading of Ordinance #1547, being an Ordinance amending City Code Chapter 9 of the City of Columbia Heights for June 23rd, 2008 at approximately 7:00 p.m. in the Council Chambers. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Williams was absent from the dais. 4 ayes. Motion carried. 2. Adopt Resolution. No. 2008-130, being a Resolution approvinP a variance waiving the 80_percent opacity requirement at 3700 Central Avenue, subject to the conditions outlined. Jeff Sargent, City Planner, indicated this is a screening variance of parking, adjacent to the residential area the requirement is no less than six feet high and 80 percent opaque. The developer met with the residents and. the residents requested there not be a fence, for security reasons, and to avoid congregation behind the commercial center. The Planning Commission unanimously recommended approval of the variance. The developer has suggested lining the area with trees. Nawrocki questioned the island indicated on the plan, snow removal, what EIFS is, and front curbing. Sargent stated. this island is a green space with plantings for rainwater run off with landscaping along the concrete curbing. Hansen indicated snow removal would not different than the current situation. Sargent stated EIFS is a compost material, essentially a type of stucco. Nawrocki indicated the Planning Commission minutes refer to use of the alley for an exit, which he has previously indicated concerns about. Traffic should not be allowed to exit north from the alley. Sargent stated that it is a public alley and will take some of the traffic from Central Avenue and 37`" Avenue. This project has been redesigned. 17 times to make the property development feasible. Sargent referred to truck., and possible semi-truck, deliveries that may require alley parking to unload. Sargent stated that the existing front curbing and. sidewalk would remain. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-130, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg to adopt Resolution 2008-130, approving a variance to code section 9.106 (M}(5}(c}, waiving the 80 percent opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, subject to the conditions outlined in City Council Minutes Monday, June 09, 2008 Page 4 of 11 Resolution 2008-130, 1°.'ft3ti®n to amend. by i°'~a`v`v'rt'ii~kd that the eXltitlg traffic tti file alley ias~t be allt'iLv'ed tf3 tra`v'el north. Peterson called for a second. Motion died for lack of a second Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION N0.2008-130 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CROS COMPANIES WHEREAS, a proposal (Case # 2008-0602) has been submitted by CROS Companies to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to waive the 80% opacity requirement for a screening mechanism per Code Section 9.106 (M)(5)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions o~f this Ordinance would cause undue hardship. 2. The conditions upon. which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general. purpose and intent of the Comprehensive Pian. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall. become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. CONDDTIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located shall be landscaped with grass and/or other natural landscape materials. 3. Adopt Resolution 2008-131 Conditional Use Permit for a parking ramp and Resolution No. 2008-132 site plan approval for 4707 Central Avenue. Sargent stated that Nelson Building is requesting atwo-story commercial building, with an City Council Minutes Monday, June 09, 2008 Page S of I 1 Aldi's grocery store and a Buffalo Wild Wings restaurant. The 219 stall parking ramp would serve the offices, grocery store and restaurant. This is zoned MXD and the setbacks are to be agreed upon by the City Council through the site plan process. Sargent showed photos of the proposed development, parking ramp, and the site plan. He described accesses to the property and the finishing materials to be used, which are acceptable by our design guidelines Nawrocki asked if the developer would pay for the parking ramp. Scott Clark, Community Development Director, stated that the developer would come to the city with special requests at a later time. Nawrocki stated that a Metropolitan Council grant to pay $1,000,000 toward the ramp is conditional on the city owning the parking ramp. Clark stated there would be wording in the development agreement to satisfy that requirement. The action tonight is a land use action. Nawrocki stated his concern is the liability and maintenance of the ramp and where the funds would come from. Clark stated that those issues would be discussed during the development process. Negotiations are progressing and the developer has the understanding that ramp funding would be available. Peterson stated this is a conditional use permit for the parking ramp and site approval. He is confident that staff will bring the proper items forward at the proper time. Nawrocki asked how the storm water will be handled and who will pay for that. Sargent stated that also would be addressed in the development agreement. Nawrocki asked the potential cost and read that portion of the resolution. Hansen stated that the sanitary sewer is sufficient and was part of the original Grand Central Lofts development. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-131, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolutior. 2008-131, approving a Conditional Use Permit for a parking ramp at 4707 Central Avenue. Nawrocki indicated that this is premature, as we do not know the cost and where the money would come from. Fehst stated that this is independent of the development agreement. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-132, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-132, approving a site plan for approximately 55,000 square feet of commercial/retail development at 4707 Central Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION N0.2008-131 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING RAMP FOR GRAND CENTRAL COMMONS LOCATED WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: City Council Minutes Monday, June 09, 2008 Page 6 of I 1 ADDRESS: 4707 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLTCANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow the construction of parking ramp at 470'7 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 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. 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 became null and void if the project has not been completed within one (7} calendar year after the approval date, subject to petition for renewal of the permit. RESOLUTION N0.2008-132 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A 55,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue -LEGAL DESCRIPTION: On file at City Hall.- THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an office/retail development located at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission 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 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 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. 10 City Council Minutes Monday, June 09, 2008 Page 7 of 11 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 U calendar year after the approval date, subject to petition for renewal of the permit. B. Bid Considerations -none C. Other Business -none PUBLIC HEARINGS A. 1st Reading Ordinance No. 1548, Residential Inspection Before Sales (RIBS) Clark stated that we are on track to begin the program this summer. If this action is affirmed by a first reading, we would conduct community meetings, put out flyers, and place information in newsletters and newspapers. A presentation was given at the Methodist Church as a beginning to get the word out. The second reading would include the ordinance and fee structure resolution indicating how the implementation would be handled. The City Attorney has reviewed the ordinance. Kathy Bennett stated she was hired to create the Residential Inspection program (RIBS), which would affect residents that wish to sell their homes. Bennett again gave the presentation presented to the City Council at a work session. She described issues that would be addressed and the necessity for this in Columbia Heights. Bennett indicated what other communities have at this time. It is necessary that communities in their 'inspection program consider foreclosures. Improvements do not have to be completed by the time the house is sold, except certain items that must be fixed for the health and safety of residents. The seller can pass this on to the buyer, if the buyer agrees to have items completed in 90 days. 110 percent of the improvement funds would be placed in escrow. The seller pays the application fee and the inspection is completed by the City's private inspector and/or the Building Official. If the property is not sold, the owner is not required to make the improvements. Bennett indicated hazardous items that would be required to be repaired immediately. Bennett indicated possible program fees averaging $150, plus an administrative fee. Fehst pointed out that some items would require immediate repair such as an unsafe furnace. He asked if non-immediate items could be included in the mortgage. Bennett stated it would require that there be enough value in the property to include it, or the County can be contacted for inclusion in their programs. Fehst stated that l-,e has received positive comments, from residents, on this program. Nawrocki stated that the first reading of the ordinance is premature, as we need to inform the public and allow their comments. This process does not hold us harmless. The Community Development department is "empire building" as this would require building permits, which they benefit from. Nawrocki questioned what happens if a property does not sell in one year? Bennett stated that if the initial seller has an inspection and receives a certificate of compliance, which is valid for one year, it would be reissued following re-inspection. Clark stated that the re-inspection fee would be reviewed. Nawrocki questioned what happens if buyer does not do the repairs, or if the repairs were estimated low. Jim Hoeft, City Attorney, stated that we would hire a contractor and use the escrow money. Council can determine the escrow percentage. Deb Johnson, 4626 Pierce Street, asked how this would compare to an independent inspection that would cost several hundred dollars. Peterson stated this program would focus on health and safety issues anal other basic issued described. Johnson stated this is not a premature action. Bennett stated the RFP's received also conduct private inspections, allowing for a cast comparison. 11 City Council Minutes Monday, June 09, 2008 Page 8 of I 1 Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1548, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set a Public Hearing for the second reading of Ordinance No. 1548 for Monday, July 28, 2008 in the Council Chambers at approximately 7:00 p.m. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. Fehst asked for Councilmember's recommendation on other ways to publicize this program. It will be covered in our local paper. Nawrocki questioned the timing of the next newsletter. Fehst stated that would be released after the second reading, but would include program information. B. 1st Reading: Ordinance 1549, Zoning Amendment to rezone 825 - 41st Avenue from R-4 to P0. Sargent stated that public parcels were included in the new PO zone. This would transfer the proposed public safety site to the public and open space district. Motion by Kelzenberg, second by Williams, to close the public hearing and waive the reading of Ordinance No. 1549, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to set the second reading of Ordinance No. 1549, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. 1st Reading: Ordinance 1550, Zoning Amendment to create the Shoreland Overlay District Sargent described the water areas that would be included and the boundaries for each area. Sargent highlighted areas of the ordinance. Nawrocki questioned the high water point referenced. Hansen stated the ordinary high water mark is defined by the DNR. Sargent pointed out areas which have more stringent requirements than our current zoning code. Sargent stated there would be specific standard caps; the impervious surface can be no more than 35 percent, which now stated that no more than 30 percent can be covered by buildings. There are exclusions for condos and our business district. Nawrocki stated this would be difficult to enforce on our 40 foot lots where paved driveways are a requirement. Sargent stated this would apply to new development and could allow a variance if another method of runoff control was completed. Replacements would be considered legal non- conforming and could be done if remaining within. the same footprint. Hansen indicated that existing lots around lakes are normally larger lots and this is only applicable in the shoreline districts. Sargent stated that any new townhomes would be addressed in the development agreement. Fehst stated that this is another mandate and is glad it is limited to these districts. Being an inner-ring suburb should be considered. Hansen stated this is a SWIPP requirement. The Rice Creek Watershed will also require this. Sargent stated that if we have a significant number of variance requests we could re- look at the ordinace to make it more friendly to our city. Donna Schmit, 4260 Tyler Street, asked. if this would affect the construction on 37`" behind the liquor store. Sargent stated that site plan was previously approved. and would not be subject to this ordinance. Schmidt questioned if there was a new owner, would they be included? Sargent stated that would have to be considered. Nawrocki stated the new proposal is for half again as many more 12 City Council Minutes Monday, June 09, 2008 Page 9 of 11 units. Sargent stated that we do not have such a proposal yet. If homes add another level they would be within the same footprint and would be acceptable. Peterson referred to the limited vehicle requirements of facilities such as Comforts of Home. Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1550, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1550, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2008-133, 4132 Madison Street N.E. being a declaration of nuisance and approvin abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated at 4132 Madison there is outside storage and garbage to be removed. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2008-13"s; there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Number 2008-133, being a resolution of the Columbia Heights City Council declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2008-133 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 Jose Cruz- Hidalgo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4132 Madison 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 May 22, 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 May 5, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 22, 2008 inspectors re-inspected the property listed above. Inspectors noted that two 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 28, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property and shall remove all/any trash-garbage- debris from the property that is spilled in the yard. 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 Madison Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 13 City Council Minutes Monday, June 09, 2008 Page 10 of 11 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 41.32 Madison Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. E. Adopt Resolutions 2008-134. 574 Huset Parkway N.E.. and 2008-135. 657 47th Avenue N.E. bein Resolutions of the Columbia Heights City Council annrovin~ rental license revocation for failure to meet the requirements of the Property Maintenance Code. Gorman stated that 574 Huset has failed to schedule an inspection and submit the rental license application. The property is going into foreclosure. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-134, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers2008-134, being a Resolution of the Columbia Heights City Council 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. RESOLUTION 2008-134 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 Mambo G. Abam (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 574 Huset Parkway N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, 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 May I5, 2008 of an public hearing to be held on June 9, 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 April 30, 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 May 15, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and 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 I. The rental license belonging to the License Holder described herein and identified by license number U574 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. ADMIlyISTRATIVE REPORTS 14 City Council Minutes Monday, June 09, 2008 Page 11 of 11 Report of the City Manager • Nawrocki requested information on the public safety facility plans, the housing position request, and acquisition of b7J 37`", Hilltop Trailer Sales. Fehst stated the city owned tl'cis property at one time and they are now interested in selling it. Nawrocki stated the last sale was in '98 for $298,000. and questioned the present value. Peterson stated this was discussed and staff was directed to negotiate with the owners. Nawrocki questioned the need for owning the property and indicated the property has soil issues. Fehst indicated this should have been discussed at an executive session. • Neighborhood housing position - Fehst stated that this is being considered to be combined with the position previously held by Partenheimer. Nawrocki stated that we already have three high priced. Planners in the department and the economy is slow. • Public safety building - Fehst stated that we continue to meet with the Construction Manager and Planner. A traditional look is being recommended for the facility. Any one is welcome to review the plans. Nawrocki again indicated his review of the Bloomington facility and felt this facility would be oversized. Peterson stated that a needs analysis study was conducted, with input from all staff. We have arrived at a good plan that will suit our needs. Nawrocki asked again to visit the Champlin facility. Fehst stated that Mr. Engle extended that invitation. Peterson stated that he and the City Manager visited the Champlin and Spring Lake Park facilities on an open afternoon. • Fehst referred to youth activity in the city, indicating the enforcement of curfew using overtime and volunteers/reserves. 40 youth were picked up for curfew violation this past weekend. We will continue to be proactive in this area. • Nawrocki stated he was pleasantly surprised with the clean up of the old K-mart site and suggested cutting the grass and planting ground cover in the area. • Fehst stated that we are taking bids for roadwork at 40`" and 45`". Hansen indicated the service drive reconstruction is awaiting final MnDOT approved prior to contract approval. Nawrocki requested that residents be informed when construction will begin and of accessibility and parking restrictions. • Nawrocki stated that the agenda was not available on the cable channel until Sunday morning. It should be available on Friday afternoon. • Nawrocki stated the assumption that budget information and the point of sale program would be covered. in the next city newsletter. Report of the City Attorney -nothing to report. CITIZENS FORITM - no one came forward. COUNCIL CORNER Peterson dispensed with Council Corner ADJOURNMENT Peterson adjourned the meeting at 9:35 p.rn. Patricia Muscovitz CMC City Clerk/Council Secretary 15 CITY OF COLUMBIA HEIGHTS EMERGENCY MEETING MINUTES MONDAY, JUNE 16, 2008, CITY HALL, CONFERENCE ROOM 1 Mayor, Gary L. Peterson called the meeting to order at 7:16 PM. Roll Call -Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Pledge of Allegiance -recited Consider Purchase of HUD Home at 4011 5th Street Fehst stated this is an emergency meeting called by him and the Mayor. The attorney has approved the nature of this meeting. Peterson stated we could buy this house for $1.00 plus closing costs and demolition costs. Clark gave the board a little information on this property purchase. On June 6, 2008 it was brought to our attention that there is a HUD program that allows cities to purchase a home for $1.00 plus closing and any assessments. The program is known as the "Good Neighbor Program". HUD owned homes become available to local governments if they have been on the market for a minimum of 180 days. Nawrocki asked what are the anticipated costs. Clark stated the overall purchase cost would be $17,000. This amount includes the purchase price of $1.00, anticipated closing costs of $36.00 assessment and demolition cost. Clark stated staff would come back to the council next month with more accurate costs. What we are getting is a forty- foot lot and we are getting rid of a house that isn't habitable. Motion by Diehm, second by Williams, to direct staff to prepare a purchase agreement for the property located at 4011 5th Street. All ayes. Motion carried. Mayor Peterson adjourned the meeting at 7:21 PM. Cher Bakken Secretary 16 CITY COUNCIL LETTER Meeting of: June 23, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S ivO: CITY MA,'vAGER' S APPROG'AL '' '~>/ ° ITEM: 2008-2009 IAFF LABOR AGREEMENT BY: LINDA L. MAGEE .. _a ~ BY: ~ N0: DATE: 6-12-08 DATE: The current labor agreement between the city and the International Association of Firefighters, representing Firefighters, terminated on December 31, 2007. Negotiations between the City's negotiation spokesperson and IAFF resulted in the union filing for mediation. Mediation was held on March 20, 2008, and again on June 5, 2008, and resulted in a mutually acceptable labor agreement for calendar years 2008 and 2009. The proposed changes are as follows: wages• 2008: 3.0% adjustment over 2007 wages 2009: 3.5% adjustment over 2008 wages Years from entry to maximum of range reduced from six years to four years. Insurance• 2008: $665 per month (2007=$645 per month) 2009: $705 per month Effective January 1, 2008, Employer contribution to insurances can be used for family dental insurance as well (currently can only use toward single dental premium). Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $375 per full-time employee for 2008; $400 per full-time employee for 2009. (2007=$350) Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 2008 and 2009. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of kesolution 2008-137, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-137, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2008- December 31, 2009. COUNCIL ACTION: 17 RESOLUTION 2008-137 REG ING LADOR AGREEii-liEi~TT DET EN CiT~' OF COL i IA ~IGIITS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008 and 2009; 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 and 2009 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 23rd day of June, 2008. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk ~s CITY OF COLUMBIA HEIGHTS PROPOSAL TO iAFF (FIREFIGHTERS) 1. ARTICLE XVIII INSURANCE March 20, 2008 18.1 The EMPLOYER will contribute up to a ~r~aximurn of six hundred sixty-fve dollars ($665) per month per (permanent and probationary full-time) employee for calendar year 2008 for group health and group dental, including dependent coverage, and employee life insurance. 18.2 The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per (permanent and. probationary full-time) employee for calendar year 2009 for group health and group dental, including dependent coverage, and employee Life insurance. 18.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group dental, and group life insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER's group policy. 2. ARTICLE XXIII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 2008, unless otherwise noted, and shall remain in force and effect until the thirty-first day of December, 2009. In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. 3. ARTICLE XXIV WAGES 24. i 2005 Wage Schedule Effective January 1, 2008: 40-Hour 56-Hour After Level Work Schedule Worlc Schedule Classification: Firefighter Start to Twelve Months Recruit Firefighter $22.38/hour $1.5.99/hour 80% of Journeyman Firefighter rate Twelve Months Firefighter I $23.77/hour $16.99/hour 85% of Journeyman Firefighter rate Twenty-Four Months Firefighter II $25.17/hour $17.99/hour 90% of Journeyman Firefighter rate Thirty-Six Months Firefighter III $26.57/hour $18.99/hour 95% of Journeyman Firefighter rate Forty-Eight Months Journeyman Firefighter $27.97/hour $19.99/hour 40-Hour 56-Hour 19 After Classification: Captain Start to Six Months Six Months Twelve Months 24.2 2009 Wage Schedule Effective January 1, 2009: Level Captain I (96% of Captain III) Captain II (98% of Captain III) Captain III Work Schedule Work Schedule, $29.09/hour $29.69/hour $30.30/hour $20.77/hour 40-Hour After Level Work Schedule Classification: Firefighter Start to Twelve Months Recruit Firefighter $23.16/hour 80% of Journeyman Firefighter rate Twelve Months Firefighter I $24.61/hour 85% of Journeyman Firefighter rate Twenty-Four Months Firefighter II $26.06/hour 90% of Journeyman Firefighter rate Thirty-Six Months Firefighter III $27.50/hour 95% of Journeyman Firefighter rate Forty-Eight Months Journeyman Firefighter $28.95/hour $21.21/hour 40-Hour After Level Work Schedule Classification: Captain. Start to Six Months Captain I $30.11/hour (96% of Captain III) Six Months Captain II $30.73/hour (98% of Captain III) Twelve Months Captain III $31.36/hour 56-Hour Work Schedule $21.64/hour $16.55/hour $17.59/hour $18.62/hour $19.66/hour $20.69/hour 56-Hour Work Schedule $21.50/hour $21.95/hour $22.40/hour 24.3 Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees may be started at up to the twenty-four months rate of pay. 24.4 Employees shall successfully complete professional qualifications in order to be advanced to the next highest pay level within their classification. Zo 24.5 As a form of additional compensation, the City will contribute $1 per permanent and probationary full- time employee toward aCity-sponsored deferred compensatian program for every $1 contributed by such employee toward such City-sponsored deferred compensation program. Such employer contribution will not exceed $375 for calendar year 2008, and $400 for calendar year 2009. 3/20/08 21 CITY COUNCIL LETTER ot: June 1.5, lUU2S ALDENDA SECTION: CONSEL`V t NO: OP`IC~INATINC3 DEPT: FINANCE BY: JOE KLOIBER CI T Y Av1A~~AVER APPROVAL ITEM: DISTRIBUTION OF THE 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE INDEPENDENT AUDITORS' REPORT NO: DATE: 06/19/2008 The 2007 Comprehensive Annual Financial Report, including the Independent Auditor's Report, will be distributed. to the City Council on June 23, 2008. Staff recoir-mends that the council schedule a work session for a presentation by the City Auditor, wherein the auditor again be given 30 uninterrupted minutes to present a review of the 2007 audit findings, recommendations and changes in fund balances, followed by a time period for questions on the audit and financial report. Due to prior commitments, the City Auditor is unavailable on July 7t", which would ordinarily be the next available work session. Staff therefore suggests the following alternatives as dates/times for the Auditor's presentation: A) July 14`" at 6:00 p.m., before the regular Council meeting B) August 4`" at 7:00 pm., for which the Auditor and Assistant Finance Director are available, but the Finance Director is not available. C) Some other date/time of Council's choice, pending availability of the Auditor and staff. Staff does note that neither a quorum for the presentation, nor even a presentation, is req~!~red under the city's charter or state statute. RECOMMENDED MOTION: Move to recognize that the 2007 Comprehensive Annual Financial Report for the City of Columbia Heights, including the independent auditors report from HLB Tautges Redpath Ltd., was distributed to council members on June 23, 2008, and move to schedule July 1=1, ?008 at 6: 00 p. m. as the date and time to meet with the auditor. The auditor will be given 30 minutes to present the 2007 audit findings, recommendations and changes in fund balances, followed by a time period for council questions. JPK 0806191 COUNCIL COUNCIL ACTION: 22 CITY COUNCIL LETTER Meeting of: 6/23/2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT' CITY MANAGER PUBLIC WORKS ITEM: ESTABLISH A PUBLIC HEARING TO BY: Kevin Hansen BY: CONSIDER AN ALLEY LIGHT BASED UPON A DATE: 6/18/08 DATE: PETITION RECEIVED Background: Staff is requesting the City Council. establish a Public Hearing date for formal consideration of assessing an alley light to benefited properties, as requested b~petition. The proposed light is located in the alley between Reservoir Boulevard and Circle Terrace Boulevard, south of 415` Avenue. The petition is for one, 100 watt HPS light to be installed on an existing pole between 1.320 and 1328 4151 Avenue. Reference attached map. There will be seven parcels in the assessment. Of the seven parcels, 5 property owners and 3 residents signed the petition in favor of installing the light. Recommended Motion: Move to establish Monday, July 28, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 1320 and 1328 41St Avenue. KH:cb Attachments: Map Petition COUNCIL ACTION: 23 PETITION _ ._1 x r _ ~, i~, J ALLEY LIGHT LOCATION: Between 1320 and 1328 4151 Avenue NE We the undersigned petition the City Council of Columbia Heights to assess for one Xcel Energy 100-watt HPS street light. The light will be installed in the alley on the pole between 1320 and 1328 4151 Avenue. We understand that the cost of the light will automatically be added to the utility statement. The current cost is $1.00 per property per month, or $3.00 per property per quarter. This cast will increase with increases in the electric rate. NAME ADDRESS DO NOT IT.TSTALL INSTALL LIGHT LIGHT ,t , ~ l~ 25 CITY COUNCIL LETTER Meeting of June 23, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: June 17, 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 June 23, 2008. COUNCIL ACTION: 26 List of 2008 Rental Licenses to Approve ®ccupany I.D. Property Owner Name Property Address 11111 Gilbert-Bradshaw LLC 20247 NC! Holdings Inc. 30007 First Select Equities 20001 Salman Ali 12060 Tahazib Bacchus 10051 Jeff Bahe 20227 Steven Caputo 20090 Mark Carlson 20246 Stephen Dziedzic 30120 Saiah Farghaly 12085 Carolyn Fisher 12182 Chad Habeck 30060 Paul Haines 30152 Paul Haines 20059 Dennis Hanson 12080 David Holton 12078 Jane Johnson 10127 Vivex Kamran 20347 Bryan Kingsriter 12032 Dan Krick 30162 Daniel Larson 20021 Mark Lewis 10078 Veronica Moroz 10057 Michael Nehmzow 20210 Nathan Olson 30100 Robert Ostlund 20114 John Pham 20113 John & Allison Richter 30005 JoAnne Schaefer 20228 Nelia Schaff 30120 Brad Schumacher 20220 Craig Wilson 1032 44TH 1739 37TH 4417 UNIVERSITY 1224 CIRCLE TERRACE 210 42ND 3825 CENTRAL 1807 41ST 5019 JACKSON 1260 CIRCLE TERRACE 4633 Tyler 3728 PIERCE 1343 CIRCLE TERRACE 4225 CENTRAL 4229 CENTRAL 3807 VAN BUREN 656 47 1 /2 5033 JACKSON 2215 45TH 4049 UNIVERSITY 4333 WASHINGTON 4556 Tyler 1154 CHEERY 4533 MADISON 4124 5TH 1222 45 1 /2 3940 PETERS 1709 37th 3746 3RD 4220 4TH 4228 MADISON 4633 Tyler 1153 CHEERY 06/17/2008 13:54 2~ Page 1 CITY COUNCIL LETTER Meeting o£ June 23, 2008 AGENDA. SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ~~~ ~ -~ NO: DATE: June 19, 2008 BY: ~ ~. i BACKGROUND/ANALYSIS Attached is the business license agenda for the June 23, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008, and Peddler Licenses for the Jamboree. 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. RECONI14~iENDED IO~IOTION: Move to approve the items as listed on the business license agenda for June 23, 2008 as presented. COUNCIL ACTION: 2a TO CITY COUNCIL June 23, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Standard Pl & Appi. *Egress & Glass Blk Finken Inc. *Archetype Signmakers *Les Jones Roofing *Olsen Fire Protection 8015 1~Iinnetonka Blvd, St. Louis Pk 11409 Mississippi Dr, Champlin 3423 Co. Rd 74, St. Cloud 1230 Eagan Ind Blvd, Eagan 941 W 80th St, Bloomington 321 Wilson St, Mpls $60 $60 $60 $60 $60 $60 PEDDLER'S LICENSE Brendon Rogers/The Balloon Bunch 1193 Grand Ave $50 Arella Vargas/The Balloon Bunch 1193 Grand Ave $50 29 CITY OF COLUMBIA HEIGHTS FINANCE I3EPAI2Tiv1Ei`~IT COUNCIL MEETING OF: June 23 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 126198 through 126364 in the amount of $ 1 516 476.62 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended far payment. 30 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/19/2008 11:32:08 Check History GLOSOS-V06.74 COVERPAGE GL540R ******************************************************************************* * *** C O U N C I L *** * *** C O U N C I L *** * *** C O U N C I L * *** C O U N C I L *********~k******************************~k***'k****~Ar*~F***~e~~4*~t**~t***************** Report Selection: Optional Report Title.......06/23/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 126198 thru 126364 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL O1 P4 Y S 6 060' 10 39 ACS FINANCIAL SYSTEM 06/19/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 06/23/2008 COUNCIL LISTING CHECK NUMHER AMOUNT ALLPHASE COMPANIES INC 126198 1,380.00 BELLBOY BAR SUPPLY 126199 9,834.58 BELLBOY CORPORATION 126200 16,631.85 BRAUN INTERTEC CORP 126201 5,016.75 CAPITOL BEVERAGE SALES L 126202 3,230.75 CAR WASH PARTNERS 126203 227.36 CHISAGO LAKES DISTRIBUTI 126204 876.28 COCA-COLA BOTTLING MIDWE 126205 1,586.70 DANIMAL DISTRIBUTING INC 126206 467.28 EDS BUILDERS INC 126207 9,980.00 FARNER-BOCKEN 126208 4,527.57 FSH COMMUNICATIONS, LLC 126209 60.00 GRIGGS-COOPER & CO 126210 21,709.77 HOHENSTEINS INC 126211 355.15 IDEARC MEDIA CORP 126212 71.25 INNOVATIVE GRAPHICS 126213 474.00 JJ TAYLOR DIST OF MN 126214 47,349.29 JOHNSON BROS. LIQUOR CO. 126215 46,366.11 CINDER'S GREENHOUSES 126216 1,350.84 MARK VII DIST. 126217 20,624.48 MARTINEZ/JOSE 126218 374.66 MEDICINE LAKE TOURS 126219 1,665.00 MOELLER/KAREN 126220 76.40 NEXTEL COMMUNICATIONS 126221 384.67 NORTHEAST BANK 126222 775,000.00 OFFICE DEPOT 126223 38.48 PETTY CASH - KAREN MOELL 126224 122.87 PETTY CASH - LIZ BRAY 126225 77.29 PHILLIPS WINE & SPIRITS 126226 28,197.55 PREMIUM WATERS INC 126227 37.50 QUALITY WINE & SPIRITS 126228 14,947.69 RTVISION INC 126229 8,004.99 TURNER/CHRISTINE 126230 115.50 UNIFORMS UNLIMITED INC 126231 1,731.49 VERIZON WIRELESS 126232 39.33 YOUNG/KATHY 126233 148.35 ALL SAFE FIRE & SECURITY 126234 177.40 ANOKA CTY - CENTRAL COMM 126235 583.32 BELLBOY BAR SUPPLY 126236 1,065.14 BELLBOY CORPORATION 126237 131.25 CAPITOL BEVERAGE SALES L 126238 8,604.02 CENTER POINT ENERGY 126239 10.12 CHISAGO LAKES DISTRIBUTI 126240 341.91 CITY OF COLUMBIA HEIGHTS 126241 120,650.48 CITY WIDE WINDOW SERVICE 126242 35.15 COCA-COLA BOTTLING MIDWE 126243 1,203.54 DANIMAL DISTRIBUTING INC 126244 137.06 32 ACS FINANCIAL SYSTEM 06/19/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 06/23/2008 COUNCIL LISTING CHECK NUMBER AMOUNT HOHENSTEINS INC 126245 923.70 IMAX THEATER 126246 250.00 JJ TAYLOR DIST OF MN 126247 11,504.62 JOHNSON BROS. LIQUOR CO. 126248 5,884.64 LOWINSKE/JAY 126249 85.60 MARK VII DIST. 126250 1,545.76 MCCOSH/MARIE 126251 49.00 OFFICE DEPOT 126252 36.93 OLSON/GREG 126253 178.06 PETERSON/MILDRED 126254 37.00 PETTY CASH - KAREN OLSON 126255 115.75 PETTY CASH - LIZ BRAY 126256 136.60 PHILLIPS WINE & SPIRITS 126257 11,591.18 QUALITY WINE & SPIRITS 126258 1,556.02 QWEST BUSINESS SERVICES 126259 533.90 QWEST COMMUNICATIONS 126260 948.61 SHAMROCK GROUP-ACE ICE 126261 34.12 STREICHER'S GUN'S INC/DO 126262 5,321.27 WINDSCHITL/KEITH 126263 161.88 XCEL ENERGY (N S P) 126264 10,033.00 A M BEST COMPANY 126265 2,187.90 ACCURINT 126266 130.00 ACE HARDWARE 126267 38.10 ALL SAFE FIRE & SECURITY 126268 1,190.60 ALLIED WASTE SERVICES 126269 15.00 AMERICAN RUG LAUNDRY 126270 313.95 AMERIPRIDE INC 126271 79.37 ANDERSON-JOHNSON 126272 274.47 ANOKA COUNTY ATTORNEY 126273 653.00 ANOKA COUNTY LIBRARY 126274 365.65 ANOKA CTY - CENTRAL COMM 126275 689.25 ASPEN MILLS, INC. 126276 281.70 BAKER & TAYLOR 126277 826.49 BAKER & TAYLOR ENTERTAIN 126278 40.48 BARNA GUZY & STEFFEN LTD 126279 13,727.00 BENNETT COMMUNITY CONSUL 126280 750.00 BIFF'S,INC. 126281 925.29 BONESTROO 126282 2,334.50 BRAUER & ASSOCIATES LTD 126283 3,102.83 BUREAU OF CRIMINAL APPR 126284 50.00 CCH INCORPORATED 126285 259.00 CENTRAL IRRIGATION SUPPL 126286 147.11 CHAMBERLAIN OIL COMPANY 126287 24.93 CINTAS FIRST AID-SAFETY 126288 468.91 COMMERCIAL ASPHALT 126289 8,719.84 COMMERCIAL POOL-SPA SUPP 126290 259.37 CROWN FENCE & WIRE 126291 26.21 33 ACS FINANCIAL SYSTEM 06/19/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 06/23/2005 COUNCIL LISTING CHECK NUMBER AMOUNT CROWN TROPHY 126292 22.26 CSC CREDIT SERVICES INC 126293 25.00 CUSTOM BUSINESS FORMS IN 126294 1,187.80 DAY-TIMERS, INC. 126295 47.71 DEMARS SIGNS 126296 690.91 DU ALL SERVICE CONTRALTO 126297 1,254.57 DUNN/MATTHEW B 126298 175.00 EBSCO PUBLISHING 126299 8.62 ELAN OIL COMPANY 126300 16,250.40 EHLERS & ASSOCIATES TNC 126301 2,543.75 EMBEDDED SYSTEMS INC 126302 910.80 EMC 126303 418.00 ENGINEERING REPRO SYSTEM 126304 657.11 FACTORY MOTOR PARTS INC 126305 106.54 FIDELITY BUILDING SERVIC 126306 5,167.90 FLEX COMPENSATION, INC 126307 194.25 G & K SERVICES INC 126308 706.59 GENE'S WATER & SEWER INC 126309 5,040.95 GENUINE PARTS/NAPA AUTO 126310 243.88 GRAFIX SHOPPE, INC 126311 485.91 HARBOR FREIGHT TOOLS 126312 15.96 HARTMAN/KATHLEEN 126313 140.00 HOME DEPOT #2802 126314 271.27 HYDRANT SPECIALIST 126315 1,305.50 ICC - NATIONAL 126316 100.00 INFRATECH 126317 5,145.00 INSTRUMENT CONTROL CO IN 126318 912.38 INSTRUMENTAL RESEARCH IN 126319 170.00 JOHNSON'S OUTDOOR SERVIC 126320 2,205..00 LEAGUE OF MN CITIES INS 126321 40,302.79 LYLE SIGNS INC 126322 175.73 LYNDE COMPANY 126323 334.94 M & R SIGNS 126324 3,444.21 MAC QUEEN EQUIPMENT CO. 126325 78.60 MCCLELLAN SALES 126326 49.84 MEDTOX LABORATORIES, INC 126327 47.39 MENARDS CASHWAY LUMBER-F 126328 1,376.88 METRO WELDING SUPPLY 126329 76.68 METROPOLITAN COUNCIL WAS 126330 70,075.34 MIDWAY FORD 126331 385.90 MINNEAPOLIS FINANCE DEPT 126332 74,761.26 MINNEAPOLIS FINANCE DEPT 126333 3,426.32 MINNEAPOLIS OXYGEN CO. 126334 11.91 MINNEAPOLIS SAW CO INC 126335 63.86 MINNESOTA SOCIETY OF CPA 126336 229.00 MN DEPART OF ECONOMIC SE 126337 16.00 MN REAL ESTATE JOURNAL P 126338 85.00 34 ACS FINANCIAL SYSTEM 06/19/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 06/23/2008 COUNCIL LISTING NATL RECREATION & PARK A NORTHEASTER OFFICE DEPOT OLYMPIC COMMUNICATIONS I ONVOY INC PREMIUM WATERS INC QWEST COMMUNICATIONS RANDOM HOUSE, INC ROYAL TIRE RR BOWKER S & T OFFICE PRODUCTS IN SCHOOLHOUSE MAGAZINE STANWAY EXCAVATING STAPLES BUSINESS ADVANTA STAR TRIBUNE STATE OF MINN-DEPT OF FI SUMMIT FIRE PROTECTION C SUN PUBLICATION INC THOMSON GALE TOUSLEY FORD TRUGREEN CHEMLAWN USA MOBILITY WIRELESS IN WERNER ELECTRIC SUPPLY C WIARD/BILL XCEL ENERGY (N S P) 3M CHECK NUMBER AMOUNT 126339 135.00 126340 1,242.00 126341 134.52 126342 3,334.50 126343 2,364.65 126344 15.44 126345 119.73 126346 458.30 126347 775.85 126348 299.95 126349 1,630.45 126350 7.95 126351 915.90 126352 194.19 126353 452.40 126354 326.50 126355 195.00 126356 2,148.63 126357 859.19 126358 48.39 126359 7,674.95 126360 32.27 126361 34.62 126362 175.00 126363 54.27 126364 6,672.50 1,516,476.62 *** 35 ACS FINANCIAL SYSTEM 06/19/2008 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 06/23/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,516,476.62 RECORDS PRINTED - 000995 36 ACS FINANCIAL SYSTEM 06/19/2008 11:32:10 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 48,688.13 201 COMMUNITY DEVELOPMENT FUND 1,937.03 212 STATE AID MAINTENANCE 5,256.66 240 LIBRARY 9,162.29 261 TWENTY-FIRST CENTURY PROGRAM 463.89 265 CONFISCATED/FORFEITED PROP 979.50 372 HUSET PARK AREA TIF (T6) 2,543.75 401 CAPITAL IMPROVEMENTS 224.00 412 CAPITAL IMPROVEMENT PARKS 5,389.06 415 CAPITAL IMPRVMT - PIR PROD 9,899.17 417 PUB SAFETY BLDG CONSTRUCTION 16,376.75 436 CAPITAL EQUIP REPLACE-LIQUOR 3,334.50 601 WATER UTILITY 91,623.78 602 SEWER UTILITY 71,462.05 604 STORM SEWER UTILITY 65.36 609 LIQUOR 272,811.32 652 SEWER CONSTRUCTION FUND 5,145.00 701 CENTRAL GARAGE 21,097.58 720 DATA PROCESSING 573.97 875 FISCAL AGENCY: GIS RANGER 6,672.50 883 CONTRIBUTED PROJECTS-OTHER 5,297.31 884 INSURANCE 41,608.29 885 PAYROLL FUND 120,650.48 886 INVESTMENT FUND 775,000.00 887 FLEX BENEFIT FUND 194.25 TOTAL ALL FUNDS 1,516,476.62 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 1,516,476.62 TOTAL ALL BANKS 1,516,476.62 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 37 CITY COUNCIL LETTER Meeting of: June 23. 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPRO JAL ITEM: Adopt Resolution 2008-138, First BY: Scott Clark e ~ q "~ BY: ~ Amendment to the Amended and Restated DATE: May 7, 2008 ~ Contract for Private Redevelopment (Huset Park Redevelo ment) Background: On June 16, 2008 the Economic Development Authority approved various amendments to the Huset Park Redevelopment that was originally approved on October 25, 2004 and amended on August 1, 2007, Since the Agreement is a three party agreement between the Huset Park Development Corporation, the Economic Development Authority and the City, the Council must act on this item. The amendments allow the following: 1) Allows for the construction of 80 units of senior rental 2) Allows a market sales price of $10,000 per unit 3) Extends the completion schedule to December 31, 2010 4) Clarifies the amount of net proceeds that was issued under the first tax increment note Recommendation: Staff recommends approval of Resolution 2008-138 as written. Recommended Motion: Move to waive the reading of Resolution 2008-138, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-1.38, a First Amendment to the Amended and Restated Contract for Private Redevelopment; and. furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 38 CITY OF COLUMBIA HEIGHTS RESOLLiTION N0.2008aI38 FIRST AMENDMENT TO THE AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown Central Business District Revitalization Plan ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper") entered into a into a Contract for Private Redevelopment dated as of October 25, 2004 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03 The parties on August 1, 2007 agreed and entered into an Amended and Restated Contract for Private Redevelopment. 1.04. The parties have determined a need to Amend the August 1, 2007 agreement, as stated in 1.03 and therefore has caused a need to prepare a First Amendment to the Amended and Restated Contract for Private Redevelopment (the "Amended Contract"). 1.05 On June 16, 2008 the Authority approved the Amended Contract. 1.06. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and. its residents. Section 2. City Approval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. sJ6-253352v1 CL205-23 39 Approved by the City Council of the City of Columbia Heights, Minnesota this _ day of 2008. Offered By: Second By: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, CMC City Clerk 40 FIRST AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of , 2008, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic (the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City") and HUSET PARK DEVELOPMENT CORPORATION, a Minnesota corporation (the "Redeveloper"). WITNESSETH: WHEREAS, the parties hereto entered into that certain Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007 (the "Contract"), providing for redevelopment of certain property in the City described as the Redevelopment Property; and WHEREAS, the parties have determined a need to amend the Contract in certain respects, in light of changing market conditions. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with. the other as follows: 1. In Section 1.1 of the Contract, the definition of Minimum Improvements is modified as follows (italicized language shows the revision): "Minimum Improvements" means the construction on the Phase I Property of approximately 123 units of owner occupied townhomes (Phase IA) and ~0 units of senior rental housing ("Phase IB") (together, "Phase I"); and the construction on the Phase II Property of approximately 103 units of owner-occupied townhomes ("Phase IIA") and 51 additional units of owner occupied townhomes ("Phase IIB"}, and the construction on the Phase III Property of approximately 47 owner occupied condominium or cooperative housing units ("Phase IIIA", approxin;ateiy ~2 owner occupied condominium or cooperative housing unit together with approximately 11,650 square feet of commercial facilities ("Phase IIIB"), and approximately 84 owner occupied condominium or cooperative housing units ("Phase IIIC"). 2. Section 3.1(d) is modified as follows (italicized language shows the revision): (d) The Redeveloper shall. not Transfer any portion of the Redevelopment Property to any Subdeveloper (or to itself or an Affiliate for any Phase or portion thereof retained and constructed by Redeveloper) at price less than the following: 41 $ 39,000 per townhome (As amended August 1, 2007) $ 18,000 per condominium or cooperative unit $300,000 for the commercial portion of Phase III $10, 000 per senior rental unit (as amended June 16, 2008) The above amounts are payable at closing on any such Transfer, provided that if the Subdeveloper undertakes site improvements, any portion of such payment attributable to the cost of site improvements on the transferred Parcel may be deducted and paid by the Subdeveloper as those costs are incurred. In addition, each Subdeveloper shall pay to the Redeveloper at closing on such land sale the net present value of Projected Tax Increment from the transferred Parcel (calculated as described in Section 3.8(b) hereof). Upon such payment, the Authority shall issue the Initial Note for such amount, subject to all the terms and conditions of Section 3.8. 3. Section 4.3 of the Contract is modified as follows (italicized language shows revision): Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays and the provisions of paragraphs (b), (c) aril (d) below, the 104ii~imum Irr-provements must be constructed in accordance with the following schedule: Phase I: As of the date of the Amended and Restated Contract, the internal site improvements and at least 80 percent of the required number of units for Phase IA are complete. Redeveloper must substantially complete all internal site improvements for Phase IB, including roads, and at least 80 percent of required number of housing units for Phase IB, by December 31, 2010. Phase IL As of the date of the Amended and Restated Contract, Phase IIA is under construction. Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase IIA, by April 30, 2009. Redeveloper must substantially complete all internal site improvements, including roads, together with at least 80 percent of required number of housing units for Phase IIB, by December 31, 2009. Phase III: Redeveloper must construct and complete all internal site improvements, including roads, and at least 80 percent of the required number of housing units, according to the following schedule: Phase IIIA: Commence by December 31, 2008; complete by December 31, 2010. Phase IIIB: Commence by December 31, 2010; complete by December 31, 2012. Phase IIIC: Commence by December 31, 2012; complete by December 31, 2014. 2 42 4. Section 3.8 (h) and (i) of the Contract are modified as follows (italicized language shows revision): (h) Status under Amended and Restated Contract. Prior to the date of the Amended and Restated Contract, the parties elected not to proceed with issuance of Initial Notes. As an alternative to a portion of the Initial Notes, the Authority issued its Tax Increment Revenue Bonds, Series 2007 in the principal amount of $2,890,000 (the "Series 2007 Bonds"). The Series 2007 Bonds were issued under substantially the terms described for Refinancing Notes under section 3. I 0 hereof, and the Series 2007 Bonds will be treated as Refinancing Notes for the purposes of this Agreement except to the extent otherwise provided herein. Proceeds of the Series 2007 Bonds will be used to reimburse a portion of the Public Redevelopment Costs incurred by Redeveloper to date. The net amount of the Series 2007 Bonds disbursed to Redeveloper will be counted toward the maximum aggregate principal amount of Initial Notes under Section 3.8(b), as such amount may otherwise be adjusted under the terms of this Agreement. (i) Additional Initial Notes under Amended and Restated Contract. Upon approval of this Amended and Restated Contract, the Authority also approved issuance of Initial Notes (designated as the $6,650,000 Taxable Tax Increment Revenue Note, Series 2007A, or the "Series 2007A Note'), under the terms of this Section, in a principal amount equal to the balance of Public Redevelopment Costs incurred to date by Redeveloper in excess of the net amount to be disbursed from proceeds of the Series 2007 Bonds, subject to the maximum principal amount of Initial Notes under Section 3.8(b) as such amount may otherwise be adjusted under the terms of this Agreement. The Authority acknowledges that, in sizing the Series 2007A Note, the Authority actually deducted the principal amount of the Series 2007 Bonds (rather than the net proceeds) from the maximum amount of Initial Notes The maximum amount of Initial Notes (adjusted as of date of issuance of the Series 2007 Bonds) was $9,533,534, and net proceeds of the Series 2007 Bonds were in the amount of $2,537,846. Therefore, the .Serie,s 2007A Note cozrld have been issued in a principal amount of $6,995,688 (assuming certification of eligible costs). The Authority acknowledges that upon Redeveloper's request, the Authority will issue additional Initial Notes in the principal amount of $3=15, 688, together with any other amount that may be available because of further adjustment under Section 3.9, and subject to all other terms and conditions of this Agreement. 5. The Contract remains in full force and effect and is not modified except as expressly provided herein. 43 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused. this Agreement to be duly executed in its name and behalf on or as of the date first above written. By By STATE OF MITv"NESOTA ) SS. COUNTY OF ANOKA ) COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Its President-Gary L. Peterson Its Executive Director-Walter R. Fehst The foregoing instrument was acknowledged before me this day of , 2008, by and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public 4 44 CITY OF COLUMBIA HEIGHTS By STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) By Its Mayor-Gary L. Peterson Its City Manager-Walter R. Fehst The foregoing instrument was acknowledged before me this day of , 2008, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public 5 45 HUSET PARK DEVELOPMENT CORPORATION By President and. Chief Executive Officer STATE OF MINNESOTA } SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008 by Bradley J. Schafer, the President and Chief Executive Officer of Huset Park Development Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public 6 46 CONSENT BY ASSIGNEE The undersigned, as assignee of certain rights of Redeveloper under the attached Amended and Restated Contract for Private Redevelopment (the "Amended Contract''), hereby consent to all terms of the Amended Contract; provided that nothing in this consent will alter or affect the rights of undersigned under the Agreement of Purchase and Sale (Finished Lots) between The Ryland Group, Inc. and Redeveloper dated April 18, 2005, as amended. THE RYLAND GROUP, INC. By Its STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008 by ,the and of the Ryland Group, Inc., a Maryland corporation, on behalf of the corporation. Notary Public 7 47 CONSENT BY ASSIGNEE The undersigned, as assignee of certain rights of Redeveloper under the attached Amended and Restated Contract for Private Redevelopment (the "Amended Contract"), hereby consent to all terms of the Amended Contract. PARKVIEW HOMES, LLC By Its STATE OF MINNESOTA ) } SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008 by ,the of Parkview Homes, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 8 48 CITY COUNCIL LETTER Meetinu of: June 23.2008 AGENDA SECTION: Consent NO: ORIGINATING DEPT.: Community Development CITY MANAGER APPROVAL ITEM: Adopt Resolution 2008-139, Awarding the BY: Scott Clark BY: '-- ~-°~' Sale of $ ,Taxable G.O. Housing DATE: June 17, 2008 ~ ~` ~ ~ ° ~ ~ ~,~`~ ~ _ Improvement Area Bonds, Series 2008A; - Fixing their form and. specifications; directing their execution and delivery; and rovidin for their a ment. Background: Ehlers and Associates will be selling General Obligation Bonds for the Sullivan Shores project on June 23, 2008. A representative of their firm will be attendance at the City Council meeting to announce the results of the sale and attached is a resolution accepting and issuing the debt (a final resolution). Almost 70% of the Sullivan Shores residents pre-paid the assessments so the total bond sales amount (par plus issuance costs) will be approximately one million dollars. Recommendation: Staff recommends Adoption of Resolution 2008-139, a Resolution for the Sale of General Obligation Bonds for the Sullivan Shores Project. Recommended IVlotiion: Move to waive the reading of Resolution 2008-139, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-139, a Resolution awarding the Sale of $_ ,Taxable General Obligation Housing Improvement Area Bonds, Series 2008A; Fixing their form and specifications; Directing their execution and delivery; and providing for their payment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution 2008-139 COUNCIL ACTION: 49 RESOLUTION N0.2008-139 A RESOLUTION AWARDING THE SALE OF $ TAXABLE GENERAL OBLIGATION HOUSING IlVIPROVEMENT AREA BONDS, SERIES 2008A; FII~IING THEIlt FORM AND SPECIFICATIONS; DIRECTING THEII2 EXECUTION AND DELIVERY; AND PROVIDING FOR TI~II2 PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. Background. The City has previously established the Sullivan Shores Housing Improvement Area (the ``Housing Improvement Area") in order to facilitate certain housing improvements (the "Housing Improvements") to property known as the Sullivan Shores Townhouses. The City Council has previously imposed a housing improvement fee (the "Housing Fees") on housing units located in the Housing Improvement Area in order to finance the Housing Improvements. 1.02. Authorization. Minnesota Statutes, Sections 428A.11 through 428A.21 and Minnesota Statutes, Chapter 475, as amended, authorize the City to issue bonds in the amount necessary to defray the costs of the Housing Improvements, which costs are payable primarily from the Housing Fees and may be further secured by the pledge of the City's full faith, credit and taxing power. 1.03. Award. to the Purchaser and Interest Rates. The proposal of (the "Purchaser") to purchase $ Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds"} of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bands at a price of $ ,for Bonds bearing interest as follows: Year of Maturity Interest Rate Year of Maturity Interest Rate 2010 2011 2012 201.3 2014 2015 2016 2017 True interest cost: 334579v3 SlB CL 162-42 2018 2019 2020 2021 2022 2023 2024 50 1.04. Purchase Contract. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and the City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.05. Terms and Principal Amounts of the Bonds. The City shall forthwith issue and sell the Bonds in the total principal amount of $ ,originally dated July 16, 2008, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature on February 1 in the years and amounts as follows: Year of Maturity 2010 2011 2012 2013 2014 2015 2016 2017 Principal Amount Year of Maturity 2018 2019 2020 2021 2022 2023 2024 Principal Amount 1.06. Optional Redem tion. The City may elect on February 1, 2018, and on any date thereafter to prepay Bonds due on or after February 1, 2019. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 6 hereof) of the particular amount of such. maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2009, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 334~79v3 sJB C L162-42 51 2.03. Registration. The City will appoint, and shall. maintain, a bond registrar, transfer agent, aur_henttcating agent and paying agent (the "Registrar"). The effect of registration and tl-te rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ig ster. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Im ro er or Unauthorized Transfer. When a Band is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and. that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers, which it, in its judgment, deems improper or ltllat.tthortzed. (f) Persons Deemed Owners. The City and the Registrar may treat the person. in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. 33-t5'79v3 SJB CLi62-42 52 (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, matli_rity date and tenor in exchange and substitution. for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and. the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and. evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redem tp ion. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Re is~ trar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appomt•rient of a successor Registrar, In whicl-i event rite predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of 334579v3 SJB CL162-42 53 authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is coneh~sive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price, 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed. definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially tl-,e following form: No. R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A Interest Rate Maturity Date of Original Issue CUSIP February 1, 20 Registered Owner: Cede & Co. July 16, 2008 The City of Columbia Heights, Minnesota, a duly organized and existing municipal corpora- tion in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2009, to the person in whose name this Bond is registered at the close of 3345~9v3 SJB CL 162-42 54 business on the fifteenth. day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United Stares of America by check or draft by U.S. Bank I~tational Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2018, and on any date thereafter to prepay Bonds due on or after February 1, 2019. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. This Bond is one of an issue in the aggregate principal amount of $ ,all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 23, 2008 (the "Resolution"), for the purpose of providing money to aid in financing various housing improvements within a housing improvement area in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 428A.11 to 428A.21, and Chapter 475, as amended, and the principal hereof and interest hereon are payable primarily from certain housing improvement fees levied or to be levied on property within the housing improvement area in which the housing improvements are located, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on ail taxable property in the City in the event of any deficiency in revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond. is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attomey duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of 334>79v3 SJB CL162-42 55 receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required., and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of tl-e Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA City Manager-Walter R. Fehst Mayor-Gary L. Peterson PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of Reuistrar Cede & Co. Federal ID #13-2555119 CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. 334579v3 SJB CL162-4? 56 U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants U1 in common TEN ENT -- as tenants by entireties .IT TEN -- as joint tenants with right of survivorship and not as tenants in common 1IF GIFT MIN ACT Custodian (Gust) (Minor) under Uniform Gifts or Transfers to Minors Act............ (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures} must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the 334579v3 SJB CL162-42 57 New York Stock Exchange, Inc. Medallion Signatures Program (``MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance `with the Securities Exchas:~ge Act of 1434, as amended. The Bond. Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.} Please insert social security or other identifying number of assignee 3.02. Approvin~Le ag 1 O ip nion. The City Clerk shall obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Securit~~; Pledges and Covenants. 4.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the purchasers and holders of the Bonds from time to time, there is hereby created a separate special fund of the City to be kiiowii as the Sullivan Shores Housing improvement Area Fund (the "Housing Fund"), which fund will be continued and maintained as a permanent fund of the City until all the Bonds are paid. Within the Housing Fund there will be established and maintained separate accounts as follows: (a) The Project Fund, into which fund will be deposited proceeds of the Bonds in the amount of $ .Upon issuance of the Bonds, the City shall also deposit into the Project Fund prepaid Housing Fees in the amount of $ ,which Housing Fees were levied on property within the Housing Improvement Area and were prepaid pursuant to the resolution levying the Housing Fees. Of the total amount deposited in the Project Fund, $75,000 will be disbursed to the City to pay the administrative costs of the Housing Improvement Area. The balance of funds in the Project Fund. shall be disbursed to pay the costs of the Housing Improvements in accordance with the terms of the Development Agreement, between the City and Sullivan Shores Townhouses Association, Inc. (the 334579v3 S7B CL162-42 58 "Association"), dated as of May 12, 2008 (the "Development Agreement"), and the Disbursing Agreement between the City, the Association and Commercial Partners Title, L.T C, dated as of March 12, 2008. Interest earnings from moneys in the Project Fund shall be credited to the Project Fund. (b) The Costs of Issuance Fund, into which fund will be deposited proceeds of the Bonds in the amount of $ ,which amount will be used solely for the purpose of paying costs of issuance of the Bonds. The City authorizes the Purchaser to forward amounts in the Costs of Issuance Fund allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers and Associates, Inc. Any other administrative costs shall. be disbursed upon presentation to the City of proper invoices for such costs. Any balance remaining in the Costs of Issuance Fund. after ail. disbursements for administrative and issuance expenses shall be transferred to the Project Fund. Interest earnings from moneys in the Costs of Issuance Fund shall be credited to the Surplus Fund hereafter created. (c) The Debt Service Fund, into which fund will be deposited from Bond proceeds capitalized interest through February 1, 2009, together with Housing Fees in the amount necessary to pay when due the principal and interest on the Bonds and, as determined by the City's financial advisor, $ ,being the amount proposed by the Purchaser in excess of the minimum purchase price of the Bonds. Interest earnings from moneys in the Debt Service Fund shall be credited to the Debt Service Fund. (d) The Special Reserve Fund, into which fund will be deposited proceeds of the Bonds in the amount of $50,000. Amounts in the Special Reserve Fund shall be applied and disbursed in accordance with the Development Agreement. Interest earnings from moneys in the Special Reserve Fund shall be credited to the Surplus Fund hereafter created. (e) The Sarrplus Fund, into which fund will be deposited all Housing Fees in excess of the amounts required to be deposited into the Debt Service Fund and the Project Fund under this Section. Amounts in the Surplus Fund shall be applied and disbursed in accordance with ttie Develop,,,ent Agreeme;~t. Interest eai=riii-gs from moneys in the Surplus Fund shall be credited to the Surplus Fund. 4.02. Deposit of Funds. Money in the funds and accounts created by this Resolution will be kept separate from other municipal funds and deposited only in a bank or banks which are members of the Federal Deposit Insurance Corporation (FDIC). Deposits which cause the aggregate deposits of the City in any one bank to be in excess of the amount insured by FDIC must be continuously secured in the manner provided by law for the investment of municipal funds. In the event excess moneys are held in any of the funds created pursuant to Section 4.01 of this Resolution, such excess moneys shall be applied and disbursed. in accordance with the Development Agreement. 4.03. Covenants Re ardin~ Housing Improvements. The City hereby covenants with the holders from time to time of the Bonds as follows: 334>79v3 SJB CL162-42 59 (a) The City has caused or will cause the Housing Fees far the Housing Improvements in the Housing Improvement Area to be promptly levied against housing -_i_n_its in such Area so that the first installment will be collectible not later than 2004 and will take all steps necessary to assure prompt collection. The City Council will cause to be taken with due diligence all further actions that are required. under the Development Agreement for the construction of the Housing Improvements financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Housing Fees and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b} In the event of any current or anticipated deficiency in Housing Fees (after taking into account any revenues collected or anticipated to be collected under the Development Agreement), the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Housing Improvements, Housing Fees levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, and monies on hand. 4.04. No Tax Levy Re uired. It is hereby determined that the estimated collections of Housing Fees for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds, and. that no tax levy is needed at this time. 4.05. County Auditor's Certificate as to Registration. The City Clerk is authorized and directed to file a certified copy of this Resolution with the Director of Property Records and Taxation and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section S. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to file attorneys approving the Bonds, certified copies OI proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed. representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Manager and the City Finance Director are authorized and directed. to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation. of the facts and representations made therein as of the date of the Official Statement. 334579v3 SJB CL 162-42 60 Section 6. Book-Entry System: Limited Obligation of City. 5.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.05 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond. Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and. assigns ("DTC"). Except as provided in this Section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC llas deterriliiled to si.ibstitiite a new nGlilincc ir, place of Cede «. Co., Llle Wo1'dS "CCde OL l".U.," well refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and the Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to at all times be complied with. 6.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will 334579v3 SJB CL162-42 61 notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to disco,~~tinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this Resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. Section 7. Continuing Disclosure. 7.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, and Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 7.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 8. Defeasance. When all Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full pay,~~ent of the principal of aiid interest on the Bonds will remain in full force and effect. The City may discharge all Bonds, which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 334579v3 SJB CL162-42 62 Passed this day of , 2008. f~ffere>d By: Second By: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, CMC, City Clerk 334579v3 SJB CL162-42 63 STATE OF MINNESOTA ) COUNTY OF ANOK_A. ) SS. CITY OF COLUMBIA. HEIGHTS ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Columbia Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on .tune 23, 2008, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $ General Obligation Housing improvement Area Bonds, Series 2008A of the City. Taxable WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of , 2008. Patty Muscovitz, CMC/City Clerk Columbia Heights, Minnesota (SEAL) 334579v3 SJB CL162-42 64 STATE OF MINNESOTA DIRECTOR OF PROPERTY RECORDS AND TAXATION' S CERTIFICATE AS TO COUNTY OF ANOKA REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Records and Taxation of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Columbia Heights, Minnesota, on June 23, 2008, relating to Taxable General Obligation Housing Improvement Area Bonds, Series 2008A, in the amount of $ ,dated , 2008, has been filed in my office and said obligations have been registered on the register of obligations in my office. WIT*1ESS Pity hand and official seal this day of , 2008. Director of Property Records and Taxation Anoka County, Minnesota (SEAL} By Deputy 334579v3 SJB CL162-42 65 CITY COUNCIL LETTER MF.F.TINC; nF~ .ii iT~1F 2'i_ 2(l~R AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER. NO: ADMINISTRATION APPROVAL ~; ,' . ITEM: PUBLIC SAFETY CENTER BOND BY: WALT FEHST BY: ~, ~. -f ISSUE ~ ~ ~'~ NO: DATE: JUNE 18, 2008 On April 14, 2008 the City Council approved the second reading of ordinance 1541 authorizing the sale of a bond up to $11.5 million to finance the public safety center. However, as the proposed bond issue is over $10 million it would not be bank-qualified. It was anticipated that this would only make a slight difference in the interest rate and total bonding costs. Mark Ruff of Ehlers & Associates has performed bond runs based on the current market. These runs project that the total additional cost of a non-bank qualified bond would be approximately $852,000. Based on this, staff is recommending that we sell a $10 million bond in 2008 and an additional bond of approximately $1.5 million in 2009. Splitting the sale between two years would mean that both bonds would be bank-qualified and the City would receive lower interest rates. Attached is a memo from the City's Finance Director providing more details along with the proposed rates fora $10 million non-bank qualified bond versus abank-qualified bond. RECOMMENDED MOTION: Move to authorize the reduction of the public safety center bonds to $10 million with the intent of selling an additional bond in 2009 to cover the additional costs of building the public safety center. isms 080618 ] CQUNCIL Attachments: Memo from. the Finance Director Bond Run Schedule COUNCIL ACTION: 66 CITY OF COL UMBL4 HEIGHTS DATE: .TUNE i7, zoos TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: PUBLIC SAFETY BONDING UPDATE City staff, Mark Ruff of Ehlers, and Steve Bubul from Kennedy & Graven reviewed the upcoming public safety building bond sale. On April 14, 2008 the City Council approved the second reading of Ordinance 1541 authorizing the sale of a bond up to $11.5 million to finance this project, At the meeting Mark Ruff explained that tax-exempt bands over $10 million dollars are not bank qualified; subsequently, banks would not be able to bid on this bond issue. He further explained that this would have a slight effect on the bond rates. At this time Mark Ruff has prepared various bond run scenarios. Based on the current bond market it appears that the difference in interest between a bank qualified and anon-bank qualified bond issue is rather significant. On a $l0 million 30-year bond issue the projected difference between bank qualified and non-hank qualified is in excess of $852,858 in interest. On the run that Mark did, the average annual savings is over $28,000. Based on this, Mark is recommending that we reduce the bond issue for the public safety building to $10 million in 2008 and have an additional bond sale in 2009 to make up the difference. Although selling the second bond issue in 2009 will incur some additional expenses, those expenses will not exceed the first year's savings. The other advantage of this is that the second issue can be sized to the exact amount needed. Another option would be to sell the $1.0,000,000 tax-exempt bond issue and a temporary $1,500,000 taxable bond issue at this time. The taxable issue could then be refinanced in future years with anon-taxable bond issue. However, this would incur additional bonding costs of approximately $19,000 and some interest expenses on the taxable issue that would reduce the overall savings. WE:sms 0806171COUNCIL 67 ORDER OF COUNCIL I . The property located at 4237 2°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 parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cleric 117 CITY COUNCIL LETTER A/lvvtina nf~ Tana 7'2 7nn52 AGENDA SECTION: Consent ORIGINATING DEPT.: .~, a.vvv CITY MANAGER NO: Community Development APPROVAL ITEM: Establishment of Neighborhood and BY: Scott Clark BY: °~ Housing Planner Position DATE: June 17, 2008 BackEround: At the June 2, 2008 work session, staff discussed with the Council the concept of upgrading the existing Community Specialist position to a newly formed position entitled Neighborhood and Housing Planner (attached). The proposed 2008 monthly hiring range would be $5,133 to $5,833, which. is equivalent to the City Planner position. The rationale for this reclassification is to match the need for increased work to maintain the City's housing stock and neighborhood preservation with an individual that has significant experience in these areas. At the work session, the Council asked for staff to conduct a salary survey and to provide information on the existing work that the Greater Metropolitan Housing Corporation (GMHC) is doing for the City (presently under contract for $15,000). In response attached is the following: 1) Memorandum dated June 10, 2008 regarding the salary survey (Coon Rapids description attached) 2) GMHC 2007 status report 3) Neighborhood and Housing Planner proposed job description 4) June 2, 2008 City Council Letter discussing the same Recommendation: Staff recommends approval of the position of Neighborhood and Housing Planner a7id a 2008 salary range of $5,133 to $5,833. Recommended Motion: Move to establish the position of Neighborhood and Housing Planner and a 2008 Monthly Salary Range of $5,133 to $5,833. COUNCIL ACTION: 69 ITY CAF Cc~L~_~n~~~a IHFEC~NT~ 591) Goth Avenue N.E., Cofrrmbia Heights, NI1V 55421-3A78 (763) 766-3600 TDD (763) 706-3692 Visit Ottr Website at: www.ci.c•olumbiu-hei~,~/rts.nrtr.u,r COLUMBIA HEIGHTS COMMUNITY DEVCLOI'MENT DEPAI2TIYIENT DATE: June l0, 2008 TO: Mayor-Gary L. Peterson City Council Members- Tammera Diehtn, Bruce Kelzenberg, Bobby Williams, and Bruce Naweoclci FROM: Scott Clark, Community Development Director RE: Housing and Neighborhood Plannet• Position This memo is sent to satisfy the City Council's request for additional information in response to staff's recommendation to modify the previous COnl112UI]Ity SpeClallst position to a Housing and Neighborhood Plartiier. Staff's recommendation was to have the salary equivalent to the City Plaruler, which equates to a 2008 salary range of $61,596 to $69,996. The rationale for this range was to have the ability to hit•e an individual with extensive (8 years or mote) housing experietace. Staff has canvassed four other City's with the net result that 1) Finding Iike to like positions is difficult and 2} Salary positions vary greatly and depends on levels of responsibility and what the position is trying to accomplish. Richf eld The City recently hired a Housing Specialist position with a salary z•ange of $44,000 to $61,000 and the requirement for experience was three years. The individual selected met the minimum and was hired at the mid-point. Brookl n Parlc The City has two levels of housing and/or redevelopment planners. An "enit•v level" is $50,000 to $67,412. The second level (five years minimum) has a hiring range of$58,240 to $79,000. Mounds `Jiew Staff does not have a bottom number for their >/conomic Development Coordinator position but the top of the range is $58,364. It is staff's understanding that a comparable worth study may be done in the fitture foa• this and other positions. Coon Ita~ds The City recently created and filled the position of Neighborhood Coordinator (position description attached}. Since this is a supervisory position a discount to the salary range, $63,000 to $83,000, including incentives, needs to be considered when comparing to the subject position. Also attached is the Greater Metropolitan Housing Corporation's (GMHC) status report for 2007. As shown, they served l97 clients with a large percentage of work being telephone and walk-in refera•als. GMl-1C also processed 34 of the City's Rehabilitation Rebate Loans and 6 MHPA Fix-Up Fund Loans. THE CPiY OF COLUMBIA HEIGHTS DDES IdDT DISCRIMINATE Ohd THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF Sf_RVICES EQUAL. OPPORTU~T'Y EMPLOYER r~ouamgKe~ource Center -Northeast City of Columbia Heights Monthly Status Report w End Of December 2007 ~~ .- ~~ ~+ :'z "~ F ~ ~ t 1 ~ ~~'~ ~~ ~ ~~ ' ' ~ ° ~~~ r - ~~ ~ ~ _ ~T~ °- - - ~ ~ ~ .J3f ' ~.3n'0'!, a - t~7__.~ ' 0 ~ ` : tt7. ~ uZ. ~• ~K ~ sett ~Z ._~Q~ 4Z ! , ; iwr p Y +I- FVv~r~a = ~~ 1~c ~ i~ . D T ~ ~ ~ Z4L '~ Home Buyer Information 12 0 0 0 0 0 0 0 0 . ~ _ , . ~ , . . , Refinance 5 ' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1~ -~_~ ~ 0 5 Energy Assistance (1} 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ t : Mortgage Foreclosure Prevention Z 0 1 0 0 D 0 0 - ~ 0 Home Improvement Information (2} 634 7 9 15 8 15 16 10 0 15 0 22 0 36 0 0 11 4 ~ 1;' ~*7 68 ~ "'~ RentaiJEmergency Housing Issues (3) 6 U 0 0 0 0 0 0 0 ` Other 42 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •: ,, RehalsTnceinliv.~ _ ..,.r ra _~ _ • :_ .. _ _ _ _ _ __. _ ,:~. - ' _ _ D, ~ Applications Mailed Z66 . _ - - • ` 5 7 6 5 10 7 -~ ~ Applications Recd 73 6 0 2 4 0 Z 2 8 13 14 6 3 9; :,~ Rebates Closed 61 0 1 1 4 0 2 3 1 6 S 6 S 3 35 1;18 . 3 5 6 6 - Applications Mailed • 173 i 3 6 2 4 3 ~ ~ :. _.N, :~ - ~' Loan Applications Recd 37 4 0 2 1 0 0 4 9 4 2 ~ , ?36 " Loans posed 20 0 0 1 1 0 0 0 0 0 2 2 1 p 0 ~ ~ 7 ' ~O~ . ' CEIOtI~C~D~fid01f .' ._': ~ ._, a; ,„~:.~ ~a~ ; . - ~ a ~' ` ` ~ 1 1 ~ o: ; 6 Consultation PhoneJWalk-~n 31p 3 3 5 7 8 8 _. . _ i Sete Visas i Inspections 146 3 3 Z 4 6 6 2 3 12 15 70' °: ~ Scopes S6 7 5 0 0 0 I 0 0 0 2 0 3 0 12 0 10 6p '?{~ ' ~ -- z - C~ROf)ED -_ - . 0 57 , ~ . . ._ ,... .. _. _ ..... ~2~ ~, ~? 'i~ Ta~A1CCTfitT~SER~ED _ _ :__'_ fr~~.. .~~~ r~ _ `;~~, _ ;* _ ~ ~~ -,' ~ NOTE: These numbers reflect the number of CLIENTS serviced. In many instances a client will receive more than one service. (1} ENERGY ASSISTANCE DENOTES REFERRALS TO SOCIAL SERVICE AGENCIES THAT PROVIDE MONETARY ASSISTANCE FOR ENERGY EXPENSES . (2) HOME IMPROVEMENTS INCLUDES REFERRALS TO MHFA, MCDA, PRNATE LENDERS OR OTHERS FOR FINANCSAL INFORMATION ON HOME (3) RENTALJEMERGENCY HOUSING ISSUES IS A NEW CATEGORY AND WAS COMBiNED'WI'rH OTHER IN PREVIOUS YEARS. t;;~~ ~~~~_~'~ ~ V Vl ~I ~I S 11~tinnesota CITY OF COON RAI'IllS POSITION DESCRIPTION NT{;IG H 60RHOOD COORDINATOR Full-Tune Department/Division: Supervisor: Community CIaSSI~Catloil: Exempt Community Development/ Development Direetoi° Salary Grade; 25 Neighborhood Reinvestment Division Prepared by: Human Resources Coordinator Date: February 2008 Approved by: City Manager Date: February 2008 SUMMARY OF POSITION: Works under the general guidance and direction of the Community Development Director to coordinate and promote reinvestment in Coon Rapids' neighborhoods. This position supports neighborhood stability, cohesiveness, and connectedness through the promotion of interaction and communication among residents and City staff; by addressing conditions and behavior leading to blight; and by providing resources, tools, opportunities, and information to residents to promote maintenance and reinvestment. The Neighborhood Coordinator coordinates various City resources and departments to promote neighhorhood investment, oversees tlae enforcement of state codes and City ordinances, is responsible for providing day-to-day supervision of staff' and division operations, and resolves complaints or concerns regarding code issues. ESSENTIAL DUTIES AND 1tESPONSIBILITIES: Essential duties listed below arc intended only as ill+astt•ations of the various types of ~=JOrlc that tnay be perfoa•med. The omission of specific statements of duties does not exclude them if the work is similar, related or a logical assignment to the position, ^ Coordinates Ciry assets and resources among various departments to support and promote private investment in neighborhoods. ^ Supervises inspections and enforcement in the areas of safety, housing, zoning, and general code enforcement. ^ Meets with inspectors, residents, and property owners to a•esolve conflicts and obtain solutions to problems, complaints, or concerns. Mediates conflict to promote resolution to code issues and complaints within the community. ^ Assists residents and property owners with interpretation of the Code. ^ Perfoz°ms duties including inspections in the areas of zoning, property and housing maintenance, and nuisance/code enforcement sections of the City Cade as needed. ^ Supervises and directs work activity of housing and code inspectors to ensure enforcement of code and efficient use of staffing resources to provide effective public 72 Neighborhood Coordinato~° Position Description Page 2 of 3 service. Assigns inspectors to areas of work as needed. ^ Conducts performance evaluations, regular staff meetings, and works closely with staff on individual enforcement issues. Assists with recruitment as needed. Keeps Community Development Director informed of staff issues. ^ Works closely with other department supervisors and the Director as a supervisoz•y team to assist all employees and provide job develapanent. ^ Assists with budget preparation and management. ^ Responsible for coordinating and representing the City in prosecution of violations in areas of code enforcement. Liaison to City Attorney in related matters. ^ Responds to public inquiries and complaints both over the phone and in-person. ^ Warks with the Director and other staff members to update codes, forms, and informational handouts. Prepares reports and letters, and maintains records, documents, and files as needed. ^ Attendance during regularly scheduled work hours and outside regular hours, including attendance at City Council, Board of Adjustment and Appeals and other coanmission or community meetings, as necessary. ^ Communicates effectively and respectfully with residents, businesses, staff and the community as needed. Develops and directs a positive and comprehensive public relations plan for the Neighborhood Investment division. ^ Provides leadership and proactive input in strategic planning for Coon Rapids' neighborhoods. ^ Performs other related functions as apparent or delegated. IdJCQUI1tED ]KN~l~VL~llG~ A1~iD AI~IL>E'I'I>i;5: To perfarm this position successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skills, and/or abilities rentrired. ^ Ability to develop a working knowledge of City codes, ordinances, taws and regulations as they relate to neighborhoad maintenance and reinvestment. ^ Working knowledge of municipal computer applications. ^ Ability to prepare and maintain accurate records and reports. ^ Ability to express oneself clearly and concisely, both orally and in writing. ^ Ability to make effective presentations and maintain a positive and effective working relationship with boards, commissions, businesses, designeY•s, contractors, residents, and staff. ^ Ability to lead and supervise stafF ^ Ability to work independently as well as in a team environment. ^ Ability to organize and manage multiple tasks, work under pressure, and complete work in a timely and accurate manner with minimal supervision. ^ Ability to read and interpret documents, hand-written reports, etc. ^ Ability to perfarm job functions with high degree of accuracy. ^ Ability to perform duties with tact and discretion, and handle confidential information appropriately. 73 Neighborhood Coordinatoz• Position Description Page 3 of 3 MINIMUM ~IIALIFICATIONS: A combination of training and experience substantially equivalent to the following: Bachelor's degree in zelated field; may substitute equivalent years of related work experience for degree required. Three years experience with State or Municipal Code Administration is preferred. Strong skills in mediation, complaint resolution, and problem solving required. Previous supeY•visoz°y experience desired, including performance evaluations, hiring, z°esolving staff issues, team building, and goal setting. Ability to speak a second language desired, PHYSICAL DEMANDS: The physical demands described herein are representative of those that must be met by azz employee to successfully perform the essential duties of the job. Reasonable accommodations may be made to enable individuals to perform the essential functions. ^ While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, feel or operate objects, tools or keyboards; speak intelligibly, hear and read. ^ The employee is frequently required to stand, walk and reach with hands and arms. ^ The employee must be able to read, write and follow directions. ^ The employee must frequently move, turn, lift and carry objects weighing up to 10 pounds. ® Specific vision abilities required by this position include close vision, color vision, distance vision and depth perception. ^ Must be able to operate assigned equipment. EQUII'MENTl~IOI3 LOCA'T'ION: The position works closely with others both in the field and office setting. It will use common office supplies and equipment within the office and the noise level is typically quiet. Exposure to commuter monitors in the office is tvmical. Travel to various neighborhood sites within Citv is 1 ~ t V Y z°equzred, CONDITIONS OF EMPLOYMENT: ^ IVlust comply with organizational and departmental policies. ^ Must possess a valid Minnesota driver's license. The position description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs ofthe employer and requirements of the job change. The City of Coon Rapids is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and ctzrz•ent employees to discuss potential ,'accommodations with the employer. 74 CITY C(3UNCIL LETTER Meeting of: June 2, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Neighborhood and Housing Planner Position BY: Scott Clark BY: DATE: May 29, 2008 Background: Per City policy, the City Council needs to approve either a new job position, or as in this request, a job eeclassification. Staff is proposing that the position of Community Specialist (formerly held by Kirsten Pai•tenheimer} be reclassified to a newly defined position of Neighborhood and Housing Plaimer. The purpose a1'the reclassification is tohire an individual that has a wide range of experience in the housing field (targeting eight to ten years) that can 1 }Build relationships with the vast number of organizations that may serve as vehicles for housing funding; 2) Secure program dollars for City- wide housing programs, and 3) Create and implement other strategies to preserve neighborhoods. The overall objective of creating this position is to develop a Master I-Iousing Plan and implement strategies to ensure that the stzength and integrity of our community's neighborhoods remain iz~ztact. Staff has recently given the Council information on increased rentals and the City's new foreclosure number is 305 over the past I7 months. Staff is of the opinion that focusing on our neighborhoods and attempting to manage the changes that are occurring is a critical step to preserving our community's health. From a monetary standpoint, the proposed position would be at the same grade as the City's Planner. This would mean that the top end salary difference (3~`' year) between the existing position and the proposed would be $17,580 annually. In 2008 tluough 2009 the budget increase differential would be in the $10,800 to $12,000 range (this number is the difference between the budgeted Community Specialist salary versus an anticipated starting salary for the proposed position). Staffs recommendation tomake-up this monetary gap is to not fund the Greater Metropolifian Housing Corporation in 2009 as their existing contract runs $ 2 5,000 annually {in addition, the City has the option to cancel the 2008 contract based on a 30 day notice). The $15,000 is appropr°iated from the City's newly farmed Housing Fur1d, which was created in late 2007 and commenced in 2008. Staff is of the belief'that the aruaunt ofwork done for $15,000 (which equates to .20 FTE considering base plus fringe) can be done by this new position at a more economical rate and proficiency, plus the City then has the benefit of having a very experienced, housing planner, to de rate t:` the atl.er° iSsr.:eS a,~tlirZed ira the attarlierl inb desr_.rintinn• Far 2008; anv salary differential is made-trp solely ~ v r - .r ~ based on floe amount of job vacancies and a reduced salary of the Community Development Diz°ector position as budgeted ~r in 2008. Recommendation: Recommended IVlotion: .~rttacttnrent: /ot7 COUNCIL ACTION: 75 NEIGHBORHOOD AND HOUSING PLANNER NATURE OR WORK Tlnis position is responsible for professional work in the management and administration of a variety of activities related to housing and cotntnnunity development. Develops and implements housing and related support programs that will preserve the itntegt•ity of the community's residential neighborhoods. Work is performed with considerable independence under the general supervision of the Community Develaptnent Director. ESSENTIAL JOB FUNCTIONS I . Develops, nnaintaitns, and implements Master Housing Plan. 2. Identifies and maintains working relationships with outside entities, including the Minnesota housing Finance Agency, Anoka County, and various non-profits and foundations, that may serve as a sout•ce for progrann funding. 3. Prepares and administers grants. 4. Administers vat•ious housing program components, which may include loan processing, rehabilitation inspection, new bonne construction, property management, and demolition contracts. 5. Works with developers to identify sources of funds for gap financing, especially in the areas of Community Development Block Grant Funding, HOME Finds, tax increment financing, abatement, and other related programs. &. Works with the community and specific neighborhood groups to build consensus otn housing needs. 7. Assists with administrative duties related to the Housing and Redevelopment Authority's public housing. 8. Makes presentations to the City Council, Economic Development Authority and the Housing and Redevelopment Authority regarding various aspects of program development and implementation. 9. Serves as part of the Community Development Department's strategic initiative team. 10. Performs related duties as assigned. REQUIRED QUALIFICATIONS Combination of training and experience equivalent to a Bachelor's degree in Housing, Ut•ban Planning, or related held Three years progressively responsible public sector work experience in housing or a closely related field Valid driver's license DESIRED Oi1ALIFICATIONS Master's degree in Housing, Urban Planning, or related field Four o!• more yeat•s of pt•ogressively responsible public sector work experience in housing or closely related field I~Nf>WLEDGE, SKILLS Alr1D ABILITIES Knowledge of basic public and business financing principles. Ability to ascertain and secure information on local, county, regional, state and federal housing programs with the goal of securing progt•am funding. Ability to analyze information leading to programmatic conclusions. Ability to implement housing programs. Ability to maintain accurate records on vat•ious housing programs. Ability to communicate effectively, both orally and in writing. Ability to prepare competitive grant applications. Ability to effectively work with a wide range of disciplines, including real estate and mortgage bt•okers, bankers, attorneys, financial consultants and governmental and non-profit group representatives. Ability to establish and maintain effective working relationships based on a strategic problem-solving approach to Coinununity Development issues. Ability to proficiently operate a computer using Microsoft Office Suite software. 052308 76 COLUMBIA IIEIGHTS CITY COUNCIL LETTER Meeting o£ June 23, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2nd Reading: Ordinance 1549, Zoning BY: Jeff Sargent, City Planner BY: t Amendment to rezone 825 - 415` Ave. from R-4 DATE: June 10, 2008 ~ ~~~' to PO. BACKGROUND: In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. On March 10, 2008, the City Council approved the second reading the ordinance that created the Public and Open Space "PO" District throughout the City. As a result, all publicly owned parcels were converted to this classification. Parcels included in the PO District are: City Hall, Murzyn Hall, Public Works, the City Library, and all public parks. The NEI site was not considered for the PO zoning classification because it had not yet been determined that the NEI site would be the location for the public safety building. At this time, the City of Columbia Heights requests to rezone the parcel at 825 - 41St Avenue from R- 4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent with placing all publicly owned parcels in the PO zoning classifcation. RECOMIV~NDED MOTION: Move to waive the reading of Ordinance No. 1549, being ample copies available to the public. Move to adopt Ordinance No. 1549, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1549. Attachments: Ordinance 1;49 (2"`r Readin Format), P+Z Re or•t COUNCIL ACTION ~~ ORDINANCE 1549 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 825 - 41s` AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights promotes the healthy and safety of its citizens by ensuring adequate public safety services; and WHEREAS, the rezoning of the subject parcel will enable the construction of a new public safety facility; and WHEREAS, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning allows for public safety buildings as permitted uses; and WHEREAS, the City of Columbia Heights recent practice is to include publicly owned parcels in the PO, Public and Open Space District; and WHEREAS, the City of Columbia Heights has embraced redevelopment efforts as a means to revitalize the City's economic and social welfare vitality; and WHEREAS, rezoning the subject parcel from R-4, Multiple Family Residential to PO, Public and Open Space provides opportunity for redevelopment of a vacant property; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007- 133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from. R-4, Multiple Family Residential to PO, Public and Open Space. SECTION 2: This ordinance shall be in hall force and effect from and after 30 days after its passage. First Reading: June 9, 2008 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson. Patricia Muscovitz, CMC City Clerk 78 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0604 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 825 - 41St Avenue REQUEST: Rezone Parcel from R-4 to PO PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. On February 6, 2008, the Planning Commission reviewed a proposal that created the Public and Open Space "PO" District throughout the City. The Gouncil approved this zoning classification and ail publicly owned parcels were converted to this classification. Parcels included in the PO District were: City Hall, Murzyn Hall, Public Works, the City Library, and all public parks. The NEI site was not considered for the PO zoning ~lassiii%atioii be%aiiSe it lieu iiut yet been uetermineu that the ivci site wuiiiu be rile location for the public safety building. At this time, the City of Columbia Heights requests to rezone the parcel at 825 - 41St Avenue from R-4, Multiple Family Residential to PO, Public and Open Space, in order to be consistent with placing all publicly owned parcels in the PO zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property at 825 - 41St Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. City of Columbia Heiahts Plannino Commission i~ ono ~ 7nnQ ~~ City of Columbia Heights Case # 2008-0604 ZONING ORDINANCE When the zoning amendment is complete, the parcel at 825 - 41St Avenue will be PO, Public and Open Space. The newly created Public and Open Space District ordinance allows publicly owned and operated facilities as a permitted use. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property at 825 - 41St Avenue for Transit Oriented Development. The Comprehensive Plan guidance for this site will be amended during the 2008 Comprehensive Plan Update to reflect Park Use guidance. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The rezoning of this parcel is consistent with the zoning classification for all other publicly owned parcels. Being that the parcel will be used to serve the public, it is in the public's interest to rezone the property. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the properly and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is vacant land, and has been so for the past several years. The proposed use of the land, as well as the existing zoning classification of the property within the general area, are consistent and compatible with the Public and Open Space zoning classification. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The purpose of the zoning amendment is to keep the consistency of including all the public uses throughout the City in one zoning classification. Doing so would make the uses, setbacks and performance standards for the parks and other public uses consistent with one another. Redeveloping a vacant parcel with a public service use is in line with the general trend of redevelopment in the area. Page 2 80 City of Columbia Heights Planning Commission ~~ ~nP ~ ~nnsx - -~ City of Columbia Heights Case # 2008-0604 RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the first reading of the ordinance rezoning the property at 825 - 41St Avenue from R-4, Multiple Family Residential to P®, Public and Open Space in order to accommodate the construction of a new public service building. Attachments • Draft Rezoning ©rdinance Page 3 81 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: June 23, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2"d Reading: Ordinance 1550, Zoning BY: Jeff Sargent, City Planner BY: " w /~ Amendment to create the Shoreland Overlay DATE: June 10, 2008 District BACKGROUND: The purpose of creating a Shoreland Overlay District is to promote the health, safety and general welfare of the citizens of Columbia Heights. The unregulated use of shorelands in the city affects the public health, safety anal general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City's Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have over development in close proximity to Columbia Heights' impaired waterways, to ensure that safe construction methods are utilized in order to protect these water bodies. The Shoreland District boundaries shall include all properties located within 1,000 feet of a designated waterway. The Shoreland Overlay District will regulate such properties if rainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: Silver Lake Sullivan Lake Ilig~land Lake Bart Lake Clover Pond LaBelle Pond RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1.550, being ample copies available to the public. Move to adopt Ordinance No. 1550, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1550. Attachments: Ordinance 1 X50 (2"`i Readin Format , P-f-Z Re ort, Shoreland Overla Ma COUNCIL ACTION a2 ORDINANCE NO. 1550 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.113 OVERLAY DISTRICTS. (C) shoreland Management Overlay District. (1) Purpose. (a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462. (c) Jurisdiction. The provisions of this Code shall apply to shorelands cif the public water bodies as classii•ied in SP_,Ctl(1Tt 9.1 13 (C'1(41(bl of thig C'ndee A burly of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. (d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Cade and other applicable regulations. (e) District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. 83 (f) Exemptions. 1. A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to Section 9.105 of this Code. 2. A property located within the Shoreland Overlay District that does not drain into a body of water listed in Section 9.113 (C)(4)(b). (2) District Boundaries. The boundaries of the Shoreland overlay district within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in Section 9.113 (C)(4)(b) of this Code. The specific boundaries of the Shoreland Overlay District are shown on the official Columbia Heights Shoreland Overlay District Map in the Columbia Heights Zoning Code. (3) Definitions. For the purpose of this Chapter, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word ``shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to", For the purpose of this district, the following definitions shall apply: (a) Accessorv Building. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principaP building or use. Commission. (b) Commission. The City of Columbia Heights Planning (c) Commissioner. The Commissioner of the Department of Natural Resources of the State of ?Minnesota. (d) Council. The Columbia Heights City Council. (e} Development. The making of any material change in the use or appearance of any structure of land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. (f) Imperviozrs Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface 84 in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads and gravel areas. (g) Lot Coverage. The amount of impervious surface on a lot. (h) Ordinary High Water Level. Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands and: 1. the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominately aquatic to predominately terrestrial; 2. for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. (i) Shoreland. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 2. land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. lil Clanrv tn~»n~t 7nv~o Tha araa YlP}tA/POY1 thA ~„-rl;,, 1,;,,1, ,.,~o.. ~.li ,_,...., r a.. r.....b ..,:.. rr. ..... .......... .,..e vr.. ~... e.a ev. va uciiai ~' iii~ii vv aeert mark and fifty (50) feet inland from the ordinary high water mark. (k) Structure. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland Class cation System. (a) Public waters. The public waters of Columbia Heights have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. 85 (b) Official Map. The shoreland permit district for the waterbodies listed below shall be shown on the Columbia Heights Map. Recreational Development Lakes Silver Lake General Development Lake Sullivan Lake Highland Lake Hart Lake Clover Pond LaBelle Pond Protected Waters Inventorv I.D. # 83P Protected Waters Inventory I.D. # 80P 79P 81P 686W 687P (5) Administration. (a} Building Permit Required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as set forth in Chapter 6, Article II of the City Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with Section 9.104 (G) of this Code. A variance may not circumvent the general purposes and intent of thig (`nde l~In ,,ar:a:,"P „~~:, l,o r,,,t ~L,,,~ to tt,._.. t_... . a..~. ueuy vv graitc~u alai w`vutu AtiV W any UJG 111Q1 1J prohibited in the underlying zoning district in which the subject property is located (c) Conditional Use Permit. Conditional Use Permits may only be granted in accordance with Section 9.014 (H) of this Code. Conditional Use Permits are required to ensure specific development standards within the Shoreland Overlay Districts. (d) Notifications to the Department of Natural Resources. 1. Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 86 2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of the final action. (6} Land Use District Descriptions. (a) Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 9 of the City Code. (7) Lot Area and Width Standards. (a) Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the City Code. (8) Placement, Design, and Height of Structures. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site in not located in a shore impact zone. Structures shall be located as follows: 1. Required Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. Ordinary High Water Level Setback. Structure setbacks (in feet) from the ordinary high water level are: Classes of Publlc :AJaters Structure Setbacks General Development Lake 50 feet Recreational Development Lake 75 feet 3. Height of Structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the City Code. (b) shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. s~ 1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: (i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Conditional Use Permit. Notwithstanding (2) above, a Conditional Use Permit will be required for those properties located in the Shoreland ®verlay District for: a. Placement, removal or grading of more than 250 r~`:b..r. var~c ~ f eata then mater aal on ~e ~~elnvaaa nrnrenrfs ~ I? 1 r? _` A D '~R y++>v+.i vfJi.u ~..ra v~.l~~L~ ivneu ai-a, t\ t-1 yr li-L.13. b. Placement, removal or grading of niore than X00 cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B. c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d. Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, MXD, or PO. 4. Land alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones. sa b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 4. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): (i) Sediment and pollutant trapping and retention. flood damage. (ii) Storage of surface runoff to prevent or reduce (iii) Fish and wildlife habitat. (iv) Recreational use. (v) Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and. animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest ,: ;~,~~ ~,~~,, poss,..~.,. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to accepfiable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material must not be placed in a manner that creates an unstable slope, ss g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals far continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. § 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the rip rap is within ten (10) feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three (3) feet. Must be done in accordance with other State and Federal regulations. A permit from the DNR is required. 5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, acid vegetated soil suiiaces rr~ust be used to convey, siore, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be 90 Used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards. a. Impervious surface lot coverage shall not exceed thirty-five percent (35%) of the lot area for all zoning districts with exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed ninety percent (90%). These requirements may be amended through the variance process and shall comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this Code. (ii} The lot shall be served with municipal sewer and water. (iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv} Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the following: A. Appurtenances as sedimentation basins, debris basins, desalting basins, or silt traps. basins on store sewer inlets. R i>1~t~ll~t;~„, ~f .104„-;~ m ~r.l~ ~,,.7 ,,, ~;lt iJ. YL1J tU1tGi.t1V11 V1 IAi+Vl tJ ~uGL1liJ Gt11U 1111 iirVJ[it C. Use where practical, oil skimming devices or sump catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters and. down spouts. E. Construction. of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. 91 G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the field office technical guide for the local soil and water conservation districts. c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to Section 9.105 of this Code with the following exceptions: a. Decks are allowed as a conforming use provided all of the following criteria and standards are met: structure setbacks were established. exists. (i) The principal structure existed on the date the (ii) No other reasonable location for the deck (iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment often (10) feet into the Shore Impact Zone. (9) Public Nuisance: Penalty (a} Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shah be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. 92 Section 2: This ordinance shall be in full force and effect from. and after 30 days after its passage. First Reading: June 9, 200& Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 93 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0606 DATE: June 3, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Establishment of Shoreland Overlay District PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The purpose of creating a Shoreland Overlay District is to promote the health, safety and general welfare of the citizens of Columbia Heights. The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the City to provide an ordinance geared towards the wise use and development of shorelands of public waters. One of the main goals of the City's Storm Water Pollution Prevention Program is to prevent, reduce and limit site erosion with different controlling methods. The establishment of a Shoreland Overlay District would greatly effect the control that the City would have aver development in close proximity to Columbia Heights' impaired waterways, to ensure that safe construction methods are utilized in order to protect these water bodies. COMPREHENSIVE PLAN One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City's waterways. ZONING ORDINANCE The Shoreland District boundaries shall include all properties located within 1,000 feet of a designated waterway. The Shoreland Overlay District will regulate such properties if rainwater from those properties drains directly to the waterway in question. The following is a list of the designated waterways in the City of Columbia Heights: ("itV of !'nliimhi~ 1-JoinF~l-v Dl~nntnn r`.+mmi~~i.+.. ~....,. '~ ^~nnc> ~..~ v ~~y~~w ~ iu~nn~~y ~..vuuinoo~Vi~ JVIIC J, LVVV City of Columbia Heights, Shoreland District Case # 2008-0606 Silver Lake Sullivan Lake Highland Lake Hart Lake Claver Pond LaBelle Pond FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the overarching goals of the Comprehensive Plan is to promote the health, safety and general welfare of the citizens of Columbia Heights. Establishing the Shoreland Overlay District helps accomplish this by protecting the City's waterways. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The creation of the Shoreland Overlay District is not only an NPDES -Phase 11 requirement, it will ensure the health, safety and general welfare of the public by promoting positive construction practices in close proximity to the impaired waterways of Columbia Heights. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning classification of a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The zoning classification of a particular property is not changed with the proposed establishment of the Shoreland Overlay District. The underlying zoning will still be intact once the Shoreland District is established. RECOMMENDATION Page 2 95 ("itv of !'~nliimhin t-Jeinhi-c Dl~nninn !°nmmicoinn limn 'Z '~nn0 . y v~u ...iy~ ~y ...vi ~ n i n.a.~w~ ~ .iw ~~. /, c.vvv City of Columbia Heights, Shoreland District Case # 2008-0606 Motion: That the Planning Commission recommends that the City Council approve the creation of the Shoreland Overlay District, which create a 1,000 -foot buffer around the impaired waterways in the City of Columbia Heights in order to impose construction standards suitable far protecting these lakes and ponds. Attachments • Draft Rezoning Ordinance Page 3 96 CITY COUNCIL LETTER Meeting of: 6/23/08 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~ / ITEM: SECOND READING OF ORDINANCE NUMBER BY: Ik. Hansen BY: ~ ' #1547, BEING AN ORDINANCE FOR EROSION DATE: 6/18/08 DATE: ' CONTROL Background: In 2001, the City of Columbia Heights implemented a storm water management ordinance based upon the League of Minnesota Cities (LMC) model policy. Section g of that ordinance contained specific erosion control provisions. In 2003, the first generation of our City's Storm Water Pollution Prevention Program, or SWPPP, was prepared and approved by the MNPCA. The original permit had a five year time cycle for renewal. As a result of a federal lawsuit against the MNPCA regarding the first permit cycle, we were required to update our 2003 plan in 2007. The MNPCA accepted our 2"d generation plan. in December of 2007. Under our new permit, amendments to our existing Stormwater Management Ordinance specific to erosion control are required by June 30`h 2008. Analysis/Conclusions: An erosion control ordinance has been prepared which supplements our existing requirements of the Zoning Code with the following additions/clarifications: • New definitions have been added specific to erosion and sediment control. • Implements a permit process for land alteration activities. • Defines grading, erosion control and sediment control plan requirements. • Defines construction requirements following permit issuance. • Adds requirements for construction site waste control. • Clarifies erosion and sediment control inspection procedures. • Provides for an enforcement process specific to erosion and sediment control. A copy of the City's updated SWPPP, section 4a-1, is attached that indicates the requirements of the erosion and sediment control ordinance. MOTION: Move to waive the reading of Ordinance No. 1547, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1547, being an ordinance pertaining to Erosion and Sediment Control. Attachment: Erosion Control Ordinance City SWPPP BMP 4a-1 KH:cb COUNCIL ACTION: 98 ORDINANCE NO. 1547 BEING AN ORDINANCE PERTAINING TO EROSION AND SEDIMENT CONTROL The City of Columbia Heights does hereby establish Section 9.106(Q) Erosion and Sediment Control of Chapter 9, Article 1, of the City Code to read as follows: (Q) Erosion and Sediment Control (1) P>LTRPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Columbia Heights. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Columbia Heights. This ordinance is to be used in supplement to the City Zoning Code, Chapter 9.106 and to any other regulations as required by state agencies. (2) DEFINITIONS (a) As-Built Plans Record drawings of approved and as constructed improvements. (b) Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of Siiiiaie wa~cr, ircwuuirig a'vviuanCc vi i~iipaGiS, GoriStiuctioi3-~uasing, initiiilliZilTg uie length of time soil areas are exposed, prohibitions, and other management practices published by state or des.gr.ated area-wide planning agencies. (c) City Engineer A registered professional engineer with the State of Minnesota who has received. training and is given authority by the City of Columbia Heights to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. (d) Clearing Any activity that removes the vegetative surface cover. (e) Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. (f) Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. (g) Dewatering The removal of water for construction activity. it can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. (h) Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. (i) Erosion Control Inspector A designated agent given authority by the City of Columbia Heights to inspect and maintain erosion and sediment control practices. (j) Final Grade Excavation or fill of material to final plan elevation. Fina] grade completed as part of individual site development. (k) Final Stabilization: All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; (1) Grading Excavation or fill of material, including the resulting conditions thereof. (m) Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". (n} Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Columbia Heights "Zoning Ordinance" and City SWPPP. (o) Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. (p) National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and 1~0 United States Code of Federal 1Zegulations Title 33, Sections 1317, 1328, 1342, and 1345. (q} Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. (r) Permanent Cover Final site stabilization. Examples include turf, gravel, asphalt, and concrete. (s) Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. (t) Zoning Ordinance City Code detailing City specifications for all plan requirements. (u) Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Columbia Heights or other state or federal agency. (v) Rough Grade Excavation or fill of material to a condition suitable for general maintenance. (w) Sediment Control Measures and methods employed to prevent sediment from leaving the site. (x} Site A parcel of land or a contiguous combination thereof where grading work is performed as a single unified operation. (y) Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. (z) Standard Plates General drawings having or showing similar characteristics orqualities that are representative of a construction practice or activity. (aa) Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; (bb) Storm Water Defined under Minn. R. 70'7'7.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. (cc} Storm Water Pollution Prevention Program (SWPPP} 1~1 A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. (dd) Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. (ee) Temparary Erosion Control Methods employed to prevent erosion. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. (ff) Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. (gg) Water Conveyance System Any channel that conveys surface runoff throughout the site. (hh) Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. (3} PERMITS (a) APPROVAL: No person shall be granted a Grading Permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of ill` iviivWiixg ciiCaSureiii%iitS without the appsv`vai of a vradiiig, Er~Sion ai'od ucdiiiici"it Control Plan by the City of Columbia Heights. 1. 5,000 square feet. 2. 500 cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway (b} EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 102 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. (c) APPLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by the City's Zoning ordinance and paragraph (d) below. ~. A Grading, Erosion and Sediment Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Erosion and Sediment Control Plan. (d) SECURITY: 1. The permittee will be required to file with the City of Columbia Heights an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for suc11 period as specified by the City of Columbia Heights. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. b. The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) PROCEDURE: The City of Columbia Heights will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Columbia Heights requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit date. Upon complete application, the City of Columbia Heights shall, in writing: Approve the permit application; 103 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Columbia Heights Zoning Ordinance. (4) GRADING, EROSION AND SEDIlVIENT CONTROL PLAN REQUII2EMENTS (a) PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Columbia Heights. The Grading, Erosion and Sediment Control Plan shall comply with all of the NPDES General Storm Water Permit requirements for temporary erosion control, final stabilization and permanent water quality and include the following as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local reguia'rion throughout ail phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of time and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Columbia Heights Zoning Ordinance. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). 164 7. Modifications to the plan shall be processed and approved or disapproved in the same manner of this regulation, may be authorized by the City of Columbia Heights by written authorization to the permittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Columbia Heights. b. Field modifications of a minor nature. (S7 CONSTRUCTION REQUIREMENTS (a} CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Zoning Ordinance. 2. Clearing and grading of natural resources, such as forests and. wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Columbia Heights. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Columbia Heights may require the site to be reseeded or a nonvegetative option employed. %. Seeding shall be in accordance with the City`s current seeding specification as detailed in t17e Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a 70 percent coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. ,a5 12. Techniques that divert upland runoff past disturbed slopes shall be employed. (b) WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction.. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and. paved channels. (c} POLLUTION PREVENTION 1~IANAGEMENT MEASURES: The Permittee(s} shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. (~ INSPECTION (a) NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. (b} PROCEDURE: The Applicant shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Columbia Heights at least two working days before the following: 1. Installation of sediment and erosion measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization/landscaping 166 5. Removal of erasion control measures 6. Final project compliance and acceptance close-out (c) MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. (d} PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Columbia Heights at the time interval specified in the approved permit. (e) AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. ('n SITE MAINTENANCE (a) RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. (b) LAPSE: If the Grading permittee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Sediment and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. i. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. 2. If the Developer does not reimburse the City for any cost the City incurred beyond that covered by the deposit, for such work within ten (I O) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. (S) CERTIFICATION (a) APPROVED GRADING, EROSION & SEDIMENT CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the approval of the City Engineer shall be maintained at the site during the progress of the work. (b) AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Erosion and Sediment Plan, and prior to the approval of individual building permits, the Developer 107 shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Columbia Heights Zoning Ordinance. (c} PROCEDURE: The City will withhold issuance of building permits until the approved certifed As-Built Grading Plan and As-Built Site Development Plan are on file with the City, all securities as required by this ordinance are received, conservation posts installed and all erosion control measures are in place as determined by the City Engineer. (d} REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Columbia Heights Zoning Ordinance for specifications. (9) ENFORCEMENT (a) STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. 1. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Columbia Heights may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of Site Development or building permit. 2. The City of Columbia Heights City may draw down on the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (3U) day period or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued. unless the development is in full compliance with the requirements of this Paragraph. (b) VIOLATION AND PENALTIES: No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for 1'08 each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. (20} ~EPAI3~BILITX The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 9, 2008 Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 1~ BMP Summary Sheet MS4 Name: City of Columbia Heights Minimum Control Measure: 4-CONSTRUCTION SITE STORMWATER RUNOFF CONTROL I3nique BMP Identification Number: 4a-i *BMP Title: Ordinance or other Regulatory Mechanism *BMP Description: The City currently has a Construction Site Storm Water Management Ordinance which includes the items listed within the specific components below. The City will evaluate the existing ordinance in relation to the minimum standards outlined in the MPCA's NPDES Construction General Permit and watershed authority the first reporting year and consider developing changes in the second. Final implementation of the enforcement provisions will be June 30`x', 2010. Locations} in SWPPP of detailed information relating to this BMP: *Measurable Goals: • Complete evaluation of existing ordinance • Completed amendments to ordinance • Implemented ordinance, documentation and enforcement procedures *Timeline/Implementation Schedule: • 2006: Evaluate existing ardinance by comparing it to MPCA minimum standards and county authority • 6 months after date of extension of permit coverage: Complete a draft ordinance from the year 1 assessment • 6 months after date of extension of permit coverage:: Implement new construction site erosion and sedimentation ordinance and documentation and enforcement procedures Specific Components and Notes: • Right of Entry provision • Construction site waste control • Site erosion control timelines for compliance • Penalties for nan-compliance • Site Plan review and Inspection Procedures • Enforcement of Control Measures *Responsible Party for this BMP: Name: Kathy Young Department: Public Works Phone: 763-706-3700 E-mail: Kathy.young@ci.columbia-heights.mn.us *Indicates a REQUIRED field. Failz~re to complete any required field will reszdt in rejection of t17e application due to incompleteness. City of Columbia Heights -BMP Summary Sheets (Rev. 10/09/07) 110 CITY COUNCIL LETTER Meeting of June 23, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~, -'' -„' Abatement DATE: June 17, 2008 DATE: NO: 2008-140 to 2008-145 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-140 2008-141 2008-142 2008-143 2008-144 2008-145 1635 49th Street 3853 Central Avenue 4237 2"d Street 3931 Jackson Street 3975 Jackson Street 3915 Ulysses Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-140, 1.41, 142, 143, 144, 145 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-140, 141, 142, 143, 144, 145, 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: 111 RESOLUTION 2008-140 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 Abdi O. Erbob (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1635 49`" 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 June 2, 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 I. That on October 22, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 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 June I I, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: A. Shall repair any torn screens an the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1635 49t" Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 112 ORDER OF COUNCIL 1. The property located at l 635 49`" Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon alI 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 113 RESOLUTION 2008-141 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by F.C. Celtic, LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3853 Central 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 June 2, 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 Februay 20, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 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 June 19, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon. said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all scrub growth from around the building. B. Shall replace the missing soffit on the south side of the building 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 3853 Central Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 114 The property located at 3853 Central Avenue N.E. constitutes a nuisance pursuant to City Codee 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 115 RESOLUTION 2008-142 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 Lee & Tina Reinartz (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4237 2°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 June 5, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 28, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 5, 2008 inspectors re-inspected the property listed above. Inspectors noted that two 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 June 11, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace the broken window on the back of the garage. B. Shall remove all/any outside storage from the property. That all parties, including the owner of record and any occupants or tenants, have been. given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4237 2nd 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. 116 RESOLUTION 2008-143 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Stephen Burson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real. property located at 3931 Jackson 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 June 3, 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 May 22, 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 June 3, 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 June 12, 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 trash-garbage-debris 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 3931 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised. and completed. 118 ORDER OF COUNCIL i . The property located at Sys i .iackson Street N.E. constitutes a nuisance pursuani 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 1Vluscovitz, CIviC City Clerk 119 RESOLUTION 2008-144 Resolution. of the City Councii 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 Nettie Murray (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3975 Jackson 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 May 27, 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 I . That on May 13, 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 May 27, 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 June 11, 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 al l 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 3975 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served. notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 120 ORDER OF COUNCIL 1. The property located at 3375 .iackson 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, CIVIC City Clerk 121 RESOLUTION 2008-145 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 Tracie White-Hobson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3915 Ulysses 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 June 2, 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 October 31, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 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 June 11, 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(sj were found to exist, to wit: A. Shall repair the holes in the overhead garage door. That all parties; including the owner of record and. any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 3915 Ulysses 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. 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. 122 ORDER OF COUNCIL The property located at 3915 Ulysses 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 123 CITY COUNCIL LETTER ivleeting of .lone 23, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For Revocation BY: Gary Gorman BY f' "° y'J DATE: June 17, 2008 DATE: NO: 08-146 to 08-150 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-146 - 3911 Van Buren Street 2008-147 - 3959-61 Polk Street 2008-148 - 4502 Washington Street 2008-149 - 4509 Filimore Street 2008-150 - 1307-09 Circle Terrace 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 2008-146, 147, 148, 149, 150 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-146, 147, 148, 149, 150 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: f 124 RESOLUTION 2008-146 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 Svitlana Moore (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3911 Van Buren Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2008 of an public hearing to be held on June 23, 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 October 11, 2007 inspectors for the City of Columbia Heights inspected the property described above and noted six 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 November 26, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 3, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A seasonal extension letter was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That on June 2, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That on June 19, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall scrape anal paint the garage where there is peeling paint. b. Shall sod all bare areas of the yard. 7. 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 lII 5A.306 and SA.303(A}. 125 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8595 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 Haider. 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: Roil Call: Mayor Gary L. Peterson Attest: Patricia Museovitz, CMC City Clerk 126 RESOLUTION 2008-147 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 Walter Caughey (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3959-3961 Polk Street. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2008 of an public hearing to be held on June 23, 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 or about April 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 June 12, 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- wn: a. Failure to submit rental housing renewal application and applicable fees. 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 F8372 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. 127 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 128 RESOLUTION 2008-148 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by L & P Asset Holdings, LLC (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4502 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 June 4, 2008 of an public hearing to be held on June 23, 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 October 1 1, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 November 28, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental. housing license application. 3. That on January 10, 200$ inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A extension letter was mailed via regular mail to the owner at the address listed. on the rental housing license application. The seasonal extension letter gave a June 4, 2008 deadline for have all violations repaired. 4. That on June 4, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 5. 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 scrape and paint the garage 6. 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 129 l . The rental license belonging to the License Holder described herein and identified by license number F8836 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 130 RESOLUTION 2008-1.49 Resolution of the City Council for the City of Columbia I-leights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bab Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4509 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 June 5, 2008 of an public hearing to be held on June 23, 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 April 24, 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 June 5, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on 3une i 1, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall replace the missing storm door. b. 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). ORDER OF COUNCIL 1 o The rental license belonging to the License Holder described herein and identified by license number F8567 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. 131 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 132 RESOLUTION 2008-150 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, 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 1307-09 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 May 29, 2008 of an public hearing to be held on June 23, 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 October 11, 2007 inspectors for the City of Columbia Heights inspected the property described above and noted six 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 November 26, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing License application. 3. That on January 3, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations reirtained uncorrected. A seasonal extension letter was mailed via regular mail to the owner at the address Listed on the rental housing license application. 4. That on June 2, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That on June l9, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 6. 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 repair or replace the damaged storm door in the back. 7. 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). 133 ORDER OF COUNCIL l , 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, CI`fC City Clerk 134