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July 14, 2008 Regular
~Ll1N~lA ~~IGHTS CITY ~~ ~ Gary L. Peterson 59~ ~~`~ Avenue NE, Cvium~za Heights, MN 554~1W3878 (~'~3)70G-350 TDU (7G3) 7~G-369 Courser"!members ~slt our website at: w~v~w. ci colrrrr:biaM~ei lrt~mr~rrs Robert A. Wr"!Hams Bruce Naivrockr etim Tammera Dl F Bruce KelMenberg C~fv Manager Wolter R. Felrst The following is the agenda for the regular ~rneeting of the City Council to ~be held at 7:00 p.rn. on Monda Ju 14 2ooS %n the City Council Chambers, City Hall, 590 40th Avenue N:~,., Columbia Y~ ~'' Heights, MN. ~ ~ . The City of Columbia Heights does not discriminate an the basis of disability in the admission ar access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids far 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. ~TDDl7~6-3692 far deaf or hearing impaired only} 1. CALL TG oRDERItoLL CAIrLI~oCATION ~nvocatian by Rev. Ruth Hograbe, Community United Methodist Church ~. PLEDGE of ALLEGIAhTCE 3. ADDITIONS~DELETI4NS TU N1~EETING AGENDA . (The Council, upon majority vote of its members, may make additions and deletions to .the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.} 4. PRtICLANIATIONS PitESEN~CATIONS R:ECOG~'ION ANNUTJNCEN~ENI'S AND , GUESTS A. Reco ninon ofterm end for Charter Commission members Michael Hamel, dim Johnson, and g Scott ~.yseth P~ B. Presentation of check by the Boosters Club ~r C[INSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. items removed from consent agenda approval will be taken up as the next order of business.} A. A rove minutes of the June 23 X048 Columbia Hei his Cit Council meetin . MC3T~C1N: Move to approve the minutes of the Tune 23, 2DO8 City Council meeting. p7 B. Acce t minutes of the Columbia Hei his Boards and Commissions, Pie M~3T~QN: Move to accept the minutes of the Library Board meeting of June 3, 2408. M~TC]N: Move to acce t the minutes of the Planning and Zoning Commission of July 1, Zoos. p4 a p MaT~GN: Move to accept the minutes ofthe Park and Recreation Com~ntss~on of May 7, 2U08. p44 C. A rove the Transfer of Funds from General Fund to Police De artment Bud et to Reimburse Gvert i~ne Fund ~ p4 9 MC]TIC~N: Move to transfer $2,4~7.SZ received from Unique Thrift Stores and $3,212.95 received from School District #13, a fatal of $5,644.4'7, from the General Fund to the Police City Council Agenda Monday, July 14, 2008 Page 2 of 3 Department 2045 Budget under line #ID20, Police Overtime. I7. A rove the Transfer of Funds from General Fund to Police De artrnent Bud et Overtime Fund DTF funds p~4 ~ ~ MOTION: Niave to transfer $1,200, the amount of money received from Anoka County as artial reimbursement for overtime worked by our rnernber in the Anokal~ennepin Drug Task p Farce, for the first quarter of 2008 from the CJeneral Fund to the Police Department 2008 Budget line # ~ 020 Overtime. ' E. Authorize intent to roceed to the next sta e of the Nlurz n hall renovation ro'ect. P~ ~ MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with fioneywell indicating the City of Columbia Heights intent to proceed to the next stage of the Murzyn Ball renovation project. . F. Establish a Public Hearin to consider an alle li ht based u on a etition received. psi MOTION: Move to establish Monday, July 28, 2U05 at 7:00 p.:m. as a Public fearing for consideration of an alley light behind 4020 Reservoir Blvd. G. A royal of the reissuance of the license to v erate a rental unit s within the Cit of Columbia Bei hts at I2 4~ 1 ~ Cheer Lane N.P. p~ e MOTION: Move toissue arental-housing license to Peter Sax to operate the rental property located at IZ14~5 Cheery Lane N.E. in that the provisions of the residential maintenance code have been complied with. A naval of the reissuance of the license to o erate a rental unit s within the Cit of Columbia ^~ Ir ~~ Hei hts at Sd3 38th Avenue N.F. MOTION: Move toissue arental-hauling license tv Peter Sax to operate the rental property located at 56'3 38th Avenue N.E. in that the provisions of the residential maintenance code have been complied with. I. A rove Business License A lications ~~~ MOTION: Move to approve the items as listed on the business license agenda for July l4, 2005 as presented. J. A rove a meat of the bills. p9~ MOTION: Move to approve payment of the bills out of the proper fund as listed in the attached check re inter covering Check. Number 12365 through Check Number 12~~17 in the amount of g $5,255,3.42.52. MOTION: Move to approve the Consent Agenda items. ~. ~m~s ~oR co~smE~i~corr A. Other Ordinances and Resolutions B. Bid Considerations Resolution Awardin the Sale of 10 D00 000 in General Obli anon Public Safet Center Bonds Series ZOOSB p~ c ~ MOTIC3N: Move to waive the reading afResolution 2008-160, there being ample copies available to the public. City Council Agenda Monday, duly t4, 2Q08 Page 3 of 3 NIt~TI4N: Move to adopt Resolution 2008-160 being a resolution awarding the sale of $10,000,0oD in General C?bligation Public Safety Center Bonds, Series 240$B. C. Other Business p~.z~ Authorization to seek bids for Public Safet Center N1C~T14N: Move to authorize EIS to advertise for bids for the Columbia Heights Public Safety Center 7. PUBI~I~ HEARINGS A. Continuation ofNew Pers ective Senior Livin Tai Abatement 38D1 Hart Blvd p~~~ N1C]T14N: Move to continue the published duly 14, 2008 Abatement Public Hearing, far the ro ert located at 3841 Hart Boulevard, to the duly 28, 2008 City Council meeting. P p ~' B. Ado t Resolutions 2448-151 13D8-10 Circle Terrace Blvd. N.E. 2008.152 666 40th Avenue N.E. and 20D8-153 4251 Jefferson Street N.E. bein declarations of nuisance and abatement of violations within the Cit of Columbia Hei hts. p~~~ MCJTICIN: Move to close the public hearing and to waive the reading of Resolution Numbers 2045-151;152,153 there being ample copies available to the public. MpT'IUN: Move to adopt Resolution Numbers 2D08-151,152,153 being resolutions of the City Council of the Cit of Columbia Heights declaring the properties listed a nuisance and approving Y . the abatement of violations from the property pursuant to City Code section 8.246. C. Ado t Resolutions 2048-154 4427-29 Main Street N.E. 2D05-155 1313-15 Circle Terrace Blvd. N.E. 2445-156 1355-57 Circle Terrace Blvd. N.E. 208-157 41 D15th Street N.E. 200$- 158 3723 .lackson Street N.E. and 2oD8-159 1324-26 Circle Terrace Blvd. N.E. bein P~:3s Resolutions of the Cit Council of the Cit of Columbia Hei hts a ravin rental license revocation for failure to meet the re uirements of the Pro ert Maintenance Codes. MC~TI(JN: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-154 155 156 157,158,159 there being ample copies available to the public. MC]TICN: Move tv adopt Resolution Numbers 2448-154, 155,156,157,158, 159 being Resolutions of the. City Council of the City of Columbia Heights approving revocation pursuant to Cit Code, Chapter SA, Article 1"~, Section 5A.448~A} of the rental licenses listed. y ~. ADNII~IIST1tA."TYVE R~~'~1RTS Report of the City Manager Report of the City Attorney 9. CTTIL~~S ~~lR~ At this tune citizens have an o ortunity to discuss with the Council items not on the regular agenda. pP Citizens are re nested to limit their comments to f ve minutes. Anyone who would like to speak shall q state hislher name and address for the record. 1U. CDLTNCIG C41Ll~R 11. ADJO E T G Walter R. Fehst, City Manager WF/pvm THE CITY OF COLUMBIA HEIGHTS DOES HEREBY ACKNOWLEDGE THE VOLUNTEER AND LEADERSHIP EFFORTS OF MIKE HARTEL 2000 TO 2008 GARY L. PETERSON MAYOR JAMES JOHNSON 2004 TO 2008 GARY L. PETERSON MAYOR SCOTT KYSETH 2004 TO 2008 GARY L. PETERSON MAYOR 6 CJI~'ICL~L PROCEEDINGS CITY ~DF C43LU~BIA ~IG~TS CITY CGITNCIL MEETING NIUN.DAY, TIUNE 23, 2~Q8 The following are the minutes for the regular meeting of the City Council held at 7:00 p.rn. on Monday, June 23, 2008 in the City Council Chambers, City Hall, 590 4th Avenue N.E., Columbia Heights, MN. CALL To oR~E~RoLL CALL~NVOCATION Present: Mayor Peterson, Councilm.e~ber Nawrocki, Councilmember Diehm, Councilmember ~elzenberg Absent: Councilmember Williams Rev. Dave Briley, Gak Hill Baptist Church, gave the Invocation. PLEDGE [lF' A-~LEGL~NCE~ recited AI~1)ITIt]NSII]ELETI~INS TO MEETING AGEN]lA Mayor Peterson removed Resolutions 2008-141 and Z4o8~150, in that the properties have been brought into compliance. Peterson stated that the gymnasium bids are being awarding the at the School Board meeting tonight and following that Phil Foster will come to this meeting to explain the bid process. Nawrocki stated he had requested information on operating costs and proposed programs. He re nested a re ort of the special meeting held on June 1 ~, 2008. He expressed dismay that the q p Council meeting agenda was not available on Cable T'.v. on Friday night. Cn Sunday the local cable channel was stuck on one screen. PR~ICLAMATICINS P'R~SENTATIONS RFC~GN~:'IaN .AIYNUUNCEMENTS GUESTS A. Introduction of Sheila Cartne Assistant Communi Develo meat Director Scott Clark, Community Development Director, introduced Sheila Cartney. Cartney stated her excitement to work for this community. Peterson welcomed her. Nawrocki questioned her background. Cartney stated that she was employed by the cities of Flk River and Eagan, and listed her educational background. CONSENT AGENDA City Manager VLlalt Fehst took Cauncilmembers through the Consent Agenda items. A. A rave minutes of the June ~ X048 Columbia Hei hts Ci Council meetin and dune 16 2008 emer enc Ci Council meetin . Nawrocki stated that the emergency meeting was called with no advance notice. He asked for a written opinion by the City Attorney if the meeting was allowable under state law. Fehst stated that a one hundred year old deteriorated home on ~~ Street became available to purchase for $1. The notice received was very short. Nawrocki stated that it was a group home at one time and indicated his hope that it be replaced with an owner occupied home. Hoeft stated the emergency meeting procedure is set forth in the charter and Council v~ould not have been able to proceed within the three day or regular meeting time frame. Nawrocki asked if this was roper under State Statute. Hoeft stated it allowed by City Chapter and has been utilized in the p entire past. Hoeft indicated he would comply with the request far a written statement, if the Council so requested. City Counc~~ Minutes Monday, June 23, 2U08 Page~af3t Motion to approve the minutes of the June 9, 2005 City Council meeting. Motion to approve the minutes of the June 6, 2008 emergency City Council meeting. B. A rove 2005-2009 IAFF Labor A reement Fehst stated that this group has requested a two year contract. Motion to waive the reading of Resolution 2005137, there being ample copies available to the public. Motion to adopt Resolution 2008-~ 37, regarding the Labor Agreement between the City of Columbia Heights and the international Association of Firefighters, effective January , 2008 December 3 ~, 2009. Resolution is avai~a~le at the end of this document, C. Reco ize distribution of the 2407 Conn rehensive Annual Financial Re ort and the Inde endent Auditor's Re ort removed for discussion a Public Hearin to consider an alle li ht based a on a etition received. D. Fstabl~sh Motion to establish Monday, July 28, 2O0S at 7:00 p.~n. as a Public Hearing for consideration of an alley light between 1320 and 1328 41st Avenue. l~. A royal of the attached list of rental housin license a lications in that the have met the re uirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for June 23, 2005. F. A rove the Business License A licativns Motion to approve the items as listed on the business license agenda for June 23, 2008 as presented. ~. A rove a ment 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 126198 through Check Number 126364 in the amount of $1,516,476.62. Motion b Nawrocki, second by R,elzenberg, to approve the Consent Agenda items, with the y exception of item C. Upon vote: Ali ayes. Motion carried. . Reco ize distribution of the 20x7 Conn rehensive Annual Financial Re ort and the trade endent C Auditor's Re ort Nawrocki stated this is the last date, by requirement, this document could be handed out. Fehst state it is an unqualified opinion with the standards set by the State authority. Bill llrite, Finance Director, stated that in the past the Auditor is invited to report at a work session. Some cities have them report at a Council meeting, which would be an alternative. Nawrocki indicated that the recommendation is for a one hour meeting with the Auditor. Much more time is needed to review the document. Various dates were discussed. Nawrocki stated that the public should be able to attend. , Motion b Nawrocki to establish a meeting with the Auditor for Monday, June 30. Peterson called y for a second. Motion died for tack of a second. Mottos b ~elzenber ,second by Diehrn, to recognize that the ZOD7 Comprehensive Annual . y g . Financial Report for the City of Columba ~e~ghts, ~nclud~ng the independent auditors report from City Council Minutes Monday, June 23, DDB Page 3 of 31 ALB Tautges Redpath Ltd., was distributed to council members on June 23, 2008, and move to schedule July 14, 208 at 6:oD p.m. as the date and time to meet with the auditor. The Auditor will be given 30 minutes to present the 2aa7 audit findings, recommendations and changes in fund balances, followed by a time period for council questions. Nawrocki requested the record reflect his comment that it is ludicrous to allow only one hour for discussion an something as important as the annual audit. Diehm re nested that if fellow Council members, upon review of the audit, have any questions that q .. they be presented in wr~ttng prior to the meeting. Fehst tndtcated that we have a good audit and continue to win awards on them. Ll on vote: Kelzenberg, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 3ayes - ~ abstention. p ~oti~n carried. emotion by Nawrocki that the City Attorney be requested to reply in writing his reasoning as to the City Charter taking precedence over State Statue regarding a city emergency meeting. Peterson called for a second. Second by Diehm. Diehm asked if Councilmernber Nawrocki felt this would be a wise use of taxpayer funds. Nawrocki referred to his attended at a session an open meeting law requirements. Peterson stated that he is comfortable with the City Attorney's verbal opinion. Diehm read the State Statute regarding emergency meetings. Nawrocki indicated the care that is needed for open meetings. Upon vote: Kelzenberg, nay; Diehm, aye; Nawrocki, aye; Peterson, nay. Z nays ~ 2 ayes. Motion failed. ITa~ NIS F(]R C(]NS~D~RATI~]N A. {ether ordinances and Resolutions Ado t Resolution 20~5~ ~ 38 First Amendment to the Amended and Restated Contract for Private Redevelo ment ~uset Park Redevelo ment Clark indicated the request is to allow construction of SO units of senior rental and to extend the development completion schedule. This item has already been approved by the l conornic Development Authority ~~DA}. Nawrocki stated this would change the scope of the development and reduce the overall amount of taxes. Clark indicated there is a cap of roughly $9.5 million for the developer, which does not change. Nawrocki questioned the additional $34,658 initial notes, Clark stated those changes were not included in the original agreement and are therefore included. Nawrocki questioned the $l 0,00 per unit cost reduction. Clark stated that the original agreement included the minimum sale price of $ ~ S,ODD, and this would accomrr~adate the senior per unit cost. Motion by ~.elzenberg, second by Diehm, to waive the reading of Resolution 208-138, there bein an arr~ le amount of copies available to the public. upon vote. All ayes. Motion earried~ g P Motion by ~.elzenberg, second by Diehm, adopt Resolution 2008-135, 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. Upon vote. All ayes, lUtotion carried. 'his ResoZartion nay be found a~ the end of ~~rs docume~~ City Council Minutes Monday, dune 23, 2008 Page 4 o 31 B. Bid Considerations ~ none C. Other Business I. Ada ~ Resolution 2oa8-139 awardin the sale of 975 044 Taxable G.U. Housin Im rovernent Area Bonds Series 2448A• fixin their form ands ecifications• directin their execution and delive • and ravidin for their a ment• and furthernr~ore to. authorize the Ma or and Ci Nlana er to enter into an a Bement for the same. Mark Ruff, Hhlers and Associates, the financial advisor for the city, stated the city is undertaking a bond to assist the reconstruction of the Sullivan Shores town homes. The final amount is $975,440, as the group used other funds to lower the amount. Columbia Heights received an "A" band rating from Nloody"s. ~we also received a bond rating for the public safety building. The underwriter fees and issuance were lower than anticipated. The rates came in about 10 basis points less than anticipated. Anyone that prepaid the original amount estimated will receive a rebate. The annual assessment will be $123 lower than anticipated. The city and county administration fee was included in the bond. The resolution was completed by Kennedy and Graven. Ruff recommended award of the bond to Northland Security. ~awrocki question why the $54,444 retained for non~paym.ents was not reduced and what would happen to it if it was not used. Ruff stated that any concern for units unable to make their payment is still there, the amount would cover one unit in the case of foreclosure. The assessment has a 15 year term. Other improvements or refunds would be at the discretion of the city. Clark stated there are two reserves, the upfront capital of $54,000, plus five percent of the payments on an annual basis. when the city releases the reserves, they must go toward same form of improvement or some type of payment as stated in the development agreen~ent.lt would not be returned to the homeowners association, but could buy down the last year of debt. Mv~an by Nawrocki, second by I7iehm, to waive the reading of Resolution 2008-139, there being an arr~ple amount of copies available to the public. Upon vote: All ayes. Motlo~ earned. ~o~ion. by Nawracki, second by Diehm., to adopt Resolution 2448-139, a Resolution awarding the sale of $975,440 Taxable General Obligation Housing lmprovernent Area Bonds, Series 2048A;fixing their foam 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 far the same, Upon vote. All ayes. Niot~on earned. 2. Authorize Public Safe Center Bond Issue Fehst stated that initially it was intended to have one public safety center band for $11.5 million. Upon research by Ruff, it was found that bank authorized borrowing under $1 o million has more security and a difference of So basis points. we are not sure of the bid amounts, do not want to borrow more than we need, and would save about $30,400 a year, we could split the amount $10 million this year and $1.5 million next year. we would request the additional amount at the end of this year. Ruff explained the options of the split bonds and the savings involved. Nawrocki questioned the estimated cost far the building. Fehst stated that including site work, soil fees, furniture, contingencies, street work, fiber optics, and other requirements, it could be $11.5 million. The contingency could be between $5D0,400 and $750,440. we would also look at geothermal technology, which would be a $250,044 expense that could pay for itself in 25 to 3o years. Geather~mal is the proper thing to do, but would cast more. Fehst stated that the initial building size of 39,004 square feet has increased. ~~ City Council Minutes Monday, June 23, 2008 Page S oi' 31 Ruff indicated that we have a maximum bond issue of $11.5, and to decrease the tax impact we would add a year's worth of capitalized interest, meaning to not start the full taxes on the payment of the bonds until the TIFF districts come off line. Because of that, we have over vne- halfmillion dollars of the capitalized interest, plus the cost of issuance. The actual net amount for the building is estimated at $1 U.9 million. Fehst stated the tax impact would be $SS to $6S per year for a medium value home. Nawrocki stated that he is Scheduled to meet with the architect this week and visit another building they designed. Motion by Nawrocki, second by ~.elzenberg, to authorize the public safety center bonds to be sold in two issues, one at $14 million with an additional bond of $1.5 million, to make both issues bank qualified. Nawrocki indicated he reserved his judgment on the second bond issue until that time. Upon vote: All ayes. emotion carried. 3. P,stablishment of Nei hborhood and Plousin Planner Position Clark reviewed past and current department projects, including dealing with housing and neighborhood issues, to keep the city vibrant and safe. Staff recommends, following the leaving of the Community Development Specialist, an the upgrade to a Neighborhood and dousing Planner position. if we want to create housing programs, significant experience is needed. Part of the increase would be paid by termination of the agreement with the Greater Metropolitan dousing Corporation ~GMHC}, or reduce thereof. It is suggested the hiring range be equivalent to the City Planner position. Nawrocki stated that this would essential give the department four planners. The Specialist position began as an intern working on the community center and was to end. fie referred to the three ~ao7 LNIC levels for planners. Nawrocki stated that this was "enr~pire building" within the department. A lot of anticipated projects have not come to pass, such as the Burger ~:ing property and there has been a downturn in the development field. we should hold off until things Improve in the development field and this should be part of the budget discussions. Nawrocki indicated doubt that the city could provide the same quality of help as GMI~C has. This is unfair to other city employees. Fehst respectfully disagreed, stating this is an upgrade to a position. GM~C did the best they could with 4D0 hours a year. The Specialist worked on the activity center and completed the grant work to clean up the industrial area. The city has a serious problem with foreclosures and as a result we have taken aggressive pasturing, with no more rental housing licenses issued for six months and hope to adopt a paint of sale process to bring homes up to a health and safety standard. The job could pay for Itself by federal or state grant money that could be obtained. Fehst referred to the inner ring suburb situation and the need for aggressive action with our housing stack. Diehm stated that ,initially she had concerns and requested additional information and similar ositions in other cities. She indicated that she enjoyed supporting GNIHC, but staff indicates P that this person will give us more service than GII~HC. Deb Johnson, 466 Pierce Street, stated this is a good idea. Newspaper articles indicate that people will move from the outer ring suburbs to the inner ring suburbs because of gas prices. She encouraged people to buy a junk house, and put up the house you want, and save gas money. 1~ City Counc~~ Ntinutes Monday, June 23, 2QOS Page G of 31 Nawrvcki referred to our housing inspection program success. He maintained that we have three top salaried Planners now and part of the City Manager's salary corner from Community Development. Nor. Clark is part of a seminar this week on foreclosures, where he is the expert. ~we can not minimize the expertise we already have here. we need to be more cost effective. Nlotio~ by ~.elzenberg, second by Diehm, to establish the position of Neighborhood and Housing Planner and a 2008 Monthly Salary Range of $5,133 to $5,533. Councilmen~ber Upon vote: Kelzenberg, aye; Diehm, aye; Nawrvcki, nay; Peterson, aye. 3 ayes ~- nay. Motion carried. Miscellaneous Fehst recognized Phil Fisher and Jon ~.uenstling, Krause Anderson Construction Nfanager, present to report on the gymnasium construction bid opening. Fisher stated that bid items presented to the School Board were approved. A couple of the bid divisions were put on hold for additional clarification, such as the athletic equipment. Kuenstling stated that we are well within budget and accepted several alternates, including the air conditioning and higher grade wood flooring. Fehst complimented l~uenstling on the bid opening and Peterson agreed. Kuenstling stated it is a goad bid with good contractors. They will soon address the city regarding permits required. Peterson questioned haw much under budget the bids were. Kuenstling stated they were two to faun percent under budget. Negotiations are necessary for permits and plan review and the remaining five divisions, so a definite cost is not available. Nawracki questioned the air conditioning and the cost. l~,uenstling stated that the city space would be air conditioned, but the school space would not, at a cost of $d2,~00. Nawrvcki indicated this was nat authorized by the City Council and before any action is taken he wants the operating costs. Fehst stated that information was provided previously. Personnel costs are yet to be deter~mi~ned. Peterson stated that the thought process was to program our area more in the summer than the school does. Nawrvcki gave ,his history of public bidding processes. Fehst stated that we entered into this with good faith to share costs with the School District. we have anoint powers agreement with the School District. They have been very honorable in dealing with us. Peterson stated that he is looking forward to the ground breaking ceremony this Thursday. Nawrvcki stated he has faith in Krause Anderson, as he worked for them. PlU~3L~C SFA~GS A. 2nd Readin :Ado t Ordinance 1549 bein an Ordinance ertainin to the rezonin of ro ernes located at 925 41st Avenue NF from R~4 to PO.~ Jeff Sar ent, Ci Planner, stated the correct address to be rezoned is 825 41 ~~. g ty Nawrvcki referred to concerns at the Planning and Zoning meeting regarding noise and traffic, with traff c exiting on 41 ~~. Peterson stated that this was explained to people with concerns and they have not attended either the f rst or second reading of this ordinance. People understand there is noise from a police and fire station. Sargent stated that rezoning is the first step in development of this property. Plans will follow at the August Council meetings. A neighborhood meeting is being considered prior to that time. 12 City Council Minutes Monday, dune 23, 2Da8 Page 7 of 31 Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No.1549, being ample copies available to the public, Upon vote: All ayes. N.~otlon earr~e~. Motion by Nawrocki, second by Diehm, to adopt Ordinance Nv.1549, being an ordinance amending Ordinance No.1490 City Code of 2~D5, adapting the proposed zoning amendments outlined in Ordinance 549. Upon vote: Ali ayes. Nlot~on carried. (~1tDIN.ANCE 1549 $ETNG AN ORDINANCE PERTA~G TO ZONING AND DEVELOPMENT ORDIl~ANCE Na.1428, PERTAtNTNG TO THE REZONING OF A CERTAIl~ PROPERT~S LOCATED AT 825 41 ~t AVEN[..JE ~N~E 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 ofthe 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 VI~R,EAS, the City of Columbia .Heights recent practice is to include publicly awned parcels in the PD, 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 Rw4, Multiple Family Residential to Pa, Public and Open Space provides opportunity far redevelopment of a vacant property; and wI~REAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2D~7-I33, and is in the public interest and not solely far the benefit of a single property owner; and BE IT FUR.TH~R 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 full force and effect from and after 30 days after its passage. B. 2nd Readin : Ado t Ordinance 155Q bein a Zonin Amendment to create the Shoreland Qv~eria~ District Nawrocki questioned the impact on residential properties and property coverage restriction. Sargent showed the overlay district zoning map indicating properties within the 1,0x0 foot set bacl{. Standards of construction for f 11 and grading of property will trigger a conditional use permit that is stronger than our present city code; restricting land coverage to no more than 35 percent of the impervious surface. Sargent showed an example of requirement restrictions on a 4U foot by 10U foot lot. Nawrocki suggested that a 3o percent limitation would be more realistic. Nawrocki continued to question the coverage of property and the size not allawing for sidewalks. Donna Schmitt, 426o Tyler Street, indicated that N~inneapalis has a 75 percent coverage restriction for residential and 85 percent coverage for higher density properties. Staff indicated that you want larger lots close to the water allawing drainage. f you have the maximum house size on the lot and wish to go from a one car garage to a two car, you would need to ask for a variance. This would also include coverage by sidewalks and patios. Schmitt recommended that the ordinance be reconsidered to split percentages with a lower percentage closer to the bodies of water. Nawrocki indicated this would cause roblems for the area around 42~'~ and 43~d Avenues and P requested information on what other communities have done. we say we want to help people, but this will make it harder for people to make improvements. Kevin Hansen, Public work Director, stated the intent is to provide some limitations to improve ~3 City Council Minutes Monday, June 23, 208 Page 8 of 31 water quality around bodies of water. Every city is different and what Sargent has put together is not excessive. Diehm stated that variance requests would be allowed and reviewed by the Planning Con~~nission and City Council. If we continue to receive variance requests, alternates could be considered. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No.1550, being ample copies available to the public. Upon vote: All ayes. Motion carved. Nlotivn by Diehm, second by Kelzenberg, 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. Motion by Nawrocki to send this back to the P&Z for further review. Peterson called for a second. Motion died for lack of seevnd. Upon vote of the original motion: Kelzenberg, aye; Diehm, aye, Nawrocki, nay; Peterson, aye. 3 ayes - ~ nay. Nfotion carried. This ordinance maybe found at the end of the document. C. 2nd Readin -Ado t Ordinance No. 547 bein an Ordinance for Erosion Control. Nawrocki questioned the impact on individual properties. Hansen stated this is a storm water requirement for erasion control through construction and past construction requirements and inspections. This ordinance allows enforcement of requirements. Hansen stated the requirements begin at So cubic yards on a developed site and 500 cubic yards for an undeveloped site, and would be part of the building pe~rnit process. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No.1547, there being ample copies available to the public. Upon vote: Ali ayes. Ntotion carved. Motion b Kelzenber , second by Diehm, to adopt Ordinance No.1547, being an ordinance perta~ntng to Erosxan and Sed~rnent Control. Upon vote: All ayes. Mo~.on carved. This Ordinance maybe found at the end of the document. D. Ado t Resolutions 2008-140 1635 49th Avenue N.E. 2008-141 3853 Jackson Street N.E. Zoos-142 4237 2nd Street N.E. 2008-43 3931 Jackson Street N.E. 2008-144 3975 Jackson Street N.E. and 2008-145 3915 Ul sses Street N.E. bein declarations of nuisance and abatement of violations within the Ci of Columbia lei his. Fire Chief Gary Gorman listed violations on the abatement properties: 1635 49~~~ - tornlmissing screens 4237 Z~~ - broken windowloutside storage 3931 Jackson -removal of debris from property 3975 Jackson -vacant property with debris 3915 Ulysses. -repair hales in the overhead garage door. Motion by Kelzenberg, second by Diehrn, to close the public hearing and to waive the reading of Resolution Number 200$-140,142,143,144,145 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt ResolutionNurnber 2408-140,142,143,144, ~4 City Caunci Minutes Monday, June 23, ~4a5 Page 9 of 3 145, bung resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carved. ~ResoZutions may be found at the end of this document. ~. Ado t Resolutions 2005-146 3911 Van Buren Street N.F. 2008-147 395961 Polk Street N.E. 2008-148 4502 washin on Street N.F. 2008 149 4508 Fillmore Street N.F. and 2008-150 1307-1309 Circle Terrace Blvd. N.E. bein Resolutions of the Ci Council of the Ci of Columbia Hei hts a rovin rental license revocation for failure to meet the re uirenr~ents of the Pro e Maintenance Code. Fire Chief Gary Garman listed properties falling rental license requirements. 3911 Van Buren peeling paint on garage and bare yard 395961 Polk Street -failure to submit housing rental license fees 4502 Washington -paint and scrap garage 4509 Fill~more -storm. door and outside storage Motion by Relzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-146,147,145,149, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by ~elzenberg, second by Diehm, to adopt Resolution Numbers 2008-144,147,145, 149, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408~A} of the rental licenses listed. Upon vote: Ail ayes. Motion carries. Nawrocki referred to a letter received about time spent checking grass. He painted out that our firefighters priorities are fighting fires and saving lives and gave the history of how this became part of their job, resulting in cost effective services. AU:1Vi~i[STRAT'IVE ]f~P~RTS Report of the City Manager July 7, 2048 work session items: ~ Honeywell ~ study of Nlurzyn Hall HVAC. we have failing equipment with replacement estimated at about one million dollars. These are major improvements that need to be addressed. • Garage sale limits we would loop at allowing no more than three weekends a year. ~ Real estate yard signs ~- we will prepare ordinance changes ~ NE bank parking ramp agreement -there have been nine changes in the agreement. The property has just been purchased and there may be questions on public parking. Nawrocki • Not everyone is happy with Honeywell, as they have been expensive. o Clean up necessary at Grand Central Lofts long the property lines. Peterson suggested he contact staff with his concerns. ® Newsletter --include infarrnation an the upcoming elections and the budget process. • Requested mare information be available to the public on the residential inspection program, in the city newsletter, before the program is implemented. • Questioned where we are an the rental moratorium, as it is affecting property sales. Fehst stated that information is being gathered. City Council Minutes Monday, dune 23, zoos Page to of 3l Report of the City Attorney nothing to report CI'I'`~LNS ~'~]RUM Donna Schmitt, 426D Tyler Street, questioned the e~.tent, requirements, and cost of the residential inspection before sale program as this could be a financial hardship to baby boarners about to retire. Fehst stated that the main intent is safety and health issues and inmost cases the improvement requirements would be small items.l3e addressed the need to improve our housing stock. There are sarr~e old homes that need major improvement. We take it seriously when realtors say they can not sell homes because of their condition. Peterson stated a public meeting would be held on this issue. Fehst indicated that the buyers could escrow funds to cover health and safety issues and complete the work in 9o days. Peterson referred to the home at 40 16~~ Street, which the city j ust purchased for $1. It was the market for $95,o0D and it did not sell. It was a substandard home that is not inhabitable. Diehm indicated basic issues are things like ground fault interrupters. Nawrocki felt we need a better descri flan of what health and safety means. Hoeft stated that would be available before the second p reading. Mary Marth, rental property owner of 4619 Tyler, indicated concerns with other rental property owners in the area regarding noncompliance and gang activity. She stated that she maintains a good building with quality tenants, but safety concerns are an issue. March indicated the properties that she has concerns about. Fehst stated he would address this with our Police and Fire Departments. Peterson suggested she call 911 for any offensive behavior, foul play, ar laud music. We are being proactive in the area. Landlords should be made aware they can go through our Police Department for free background checks of potential renters. COUNCIL COR,N~R Kelzenberg Enjoy the Jamboree! Diellm ~-the parade is on Friday, fireworks on Saturday, with lots of other activities, like the carnival. Check our website and the Focus, or our billboard. Come out and enjoy our celebration. Peterson -This Thursday, June 26 at 10:00 a.m. is the groundbreaking for the new gymnasium complex. Nawrocki Referred to the building renovated into a Bed and Breakfast and gave the history. He wished thern the best of luck. ~a~a~RNn~Nr Mayor Peterson adjourned the nneeting at 9:52 p.rn. Patricia Muscovitz CN1C City C1erklCouncil Secretary RE~OLUT~oN Zoos-~~~ REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIQNAL ASSGCIATIaN GF FIREFIGHTERS, LDCAL 1216 VL~HEREAS, negotiations have proceeded between the International Association of Firefghters ~IAFF},Local 1216, representing Firef ghters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2U~s and 2~~9; 15 City Council Minutes Monday, ,tune 23, 2008 Page 11 of 31 WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Off ce of the City Manager and is made a part hereof by reference; NOW, TI~EREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe bereft program for calendar years 2408 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. CITY GF COLUMBIA HEIGI~TS PROPOSAL T4 IAFF ~FIIZEFIGfITERS} 1. ARTICLE XVfII INSURANCE 18.1 The EMPLOYER will contribute up to a maximum of six hundred sixty~fve dollars ~$d~5}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 x$705}per month per permanent and probationary full~time}employee for calendar year 209 far 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 ~XIII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 2D08, 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 ~.XIV WAGES 24.1 2008 Wage schedule Effective January 1, 2008: 40-Hour 5b-Hour After Level Work Schedule Work Schedule Classif cation: Firef ghter Start to Twelve Months Recruit Firefighter $22.381hour $15.991haur 8U% of Journeyman Firefighter rate Twelve Months Firef ghter I $23.77~our $16.991haur 8~°/p of Journeyman Firefighter rate Twenty-Four Months Firefighter II $25.171haur $17.991haur 9l1% of Journeyman Firefighter rate Thirty-Six Months Firef ghter III $26.571hour $18.991hour ~~% of Journeyman Firefighter rate Forty-Eight Months Journeyman Firef ghter $27.9711~our $19.~91hour 40~Hour S6-Hour After Level Wark Schedule Work Schedule Classification: Captain Start to Six Months Captain I $29.091hour $ZD.771hvur ~9~% of Captain III) Six Months Captain II $29.~9lhour $Z 1.Z llhaur X98% of Captain III} Twelve Months Captain III ~ 530.30mour ~~ 1.641haur 24.2 2009 Wage Schedule Effective January 1, 2009: 40-Hour S~a~Hour After Level Wark Schedule Work Schedule Classification; Firefighter Start to Twelve Months Recruit Firef ghter $23.1 ~lhvur $16.5 Sll~aur SU% of Journeyman Firefighter rate Twelve Months Firefghter I $24.~1lhor $17.591hour 8S% of Journeyman Firef ghter rate Twenty-Four Months Firefighter II $26.O~Ihour $18.d21hvur 9U% of Journeyman Firef ghter rate Thirty-Six Months Firefighter III $27.501hvur $19.d61hour 9S%ofJourneyman Firefighter rate 17 City Council Minutes Monday, June 23, 2008 Page I2 of 31 Forty-Eight Months Journeyman Firef ghter $28.951hour $20.b91hour 4~~Hour Sb-Hour After Level Work Schedule work Schedule Classification: Captain Start to Six Months Captain I $3~.1 llhour $21.5~Ihour ~9b% of Captain III} Six Months Captain II $30.7~Ihour $2I.951hour X98% of Captain III} Twelve Months Captain III $31.361hour $22.4U1hour 24.3 Based on previous experience and training, and at the sole discretion of the EMPLOYER, newly hired employees maybe 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 classif cation. 24.5 As a form of additional compensation, the City will contribute $1 par permanent and probationary full-time employee toward aCity-sponsored deferred compensation program for every $1 contributed by such employee toward such City- sponsored deferred compensation program. Such employer contribution will oat exceed $375 for calendar year 2008, and $400 for calendar year 2U09. ~soLV~oly No. BOOS-~~s FIRST AMENDMENT TO THE AMZNDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BE IT RESt~LVED By the City Council ~"Council"} of the City of Columbia Heights, Minnesota ~"City"} as follows: Section 1. Recitals. 1.41. 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. 469.490 to 469.108 ~"EDA Act"}, and is currently administering the Downtown Cenb~al Business District Revitalization Plan ~"Redevelopment Project"} pursuant to Minnesota Statutes, Sections 449.001 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 Earth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east o'f 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. I.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 far Private Redevelopment (the "Amended Contract"}. 1.05 On June 16, 2008 the Authority approved the Amended Contract. 7 1.06. The Council has reviewed the Amended Contract and finds that the executian thereof and performance of the Czty s obligations thereunder are in the best interest ofthe City and its residents, Section 2. Ci A roval~ Further Proceedin s, 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modif cations that do oat 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 authordzed to execute on behalfathe 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. RE5ULt1'T~ON N4.2008-I39 A R:ES4LUTZQN AWARDING THE SALE 4F $975,00 TAXABLE GENERAL OBLIGATION HDUSING IMPRGVEMENT AREA BONDS, SERIES ~008A; FLING TH.FIR FURM AND SPECIFICATInNS; DIRECTING THEIR E~ECUTIDN AND DELNERY; AND PRGVIDING FOR TFIEIR PAYMENT BE IT RESOLVED By the City Council of the City afColumbia Heights, Anoka County, Minnesota the "City"} as folinws: Section 1. Sale ofBonds. 1.01. Bac,~~rk o_und. The City has previously established the Sullivan Shares Housing Improvement Area the "Housing Improvement Area") in order to facilitate certain housing improvements the "Housing Improvements"~ to property known as the Sullivan Shares Townhouses. The City Council has previously imposed a housing improvement fee the "Housing Fees"} on housing units located in the Housing Improvement Area in order to finance the Housing Improvements. I.02. Authorization. Minnesota Statutes, Sections 4~SA.I l through 428A.~1 and Chapter 475, as amended, authorize the City to issue bonds in the amount necessary to defray the costs of the Housing Improvements, which casts are payable primarily Pram the Housing Fees and may be further secured by the pledge of the City's full faith, credit and taxing power, ~$ pity Council Minutes Monday, dune 23, 2008 Page 13 of 3 ~ 1.a3. Award to the Purchaser and Interest Rates. The pmpasal of Northland Securities, Inc. (the "Purchaser"} to purchase $975,DOa Taxable General Qbligatian Housing Improvement Area Bands, Series 2008A (the "Bands"} 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 $9b3,378.OD, for Bands bearing interest as follows; Term Bands due February 1, 2013 at 5.00%. Term Bands due February 1, 2015 at 5.25°/a. Term Bands due February 1, 2017 at 5.50%. Term Bonds due February I, 2019 at 5.75%. Term Bands due February 1, 2021 at ~.Da°'/~. Term Bands due February 1, 2024 at d.05°/a. True interest cost: 5.95b8%. 1.a4. Purchase Can~ract. The City Finance Director is directed to retain the goad faith check of the Purchaser, pending completion of the sale of the Bands, and to return the goad faith checks of the unsuccessful proposers forthwith. The Mayan and the City Manager are duected to execute a contract with the Purchaser on behalf of the City. 1.D5. Terms and Princi al Amounts of the Bands. The City shall forthwith issue and sell doe Bands in the total principal amount of X975,000, originally dated duly 16, 2008, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R~1, upward, bearing interest as above set Earth, and which mature on February 1 in the years and amounts as follows: Term Bonds due February 1, 2013 in the aggregate principal amount of $185,D00. Tenn Bands due February 1, 2015 in the aggregate principal amount of $110,DDq. Tenn Bands due February 1, 2017 in the aggregate principal amount of $125,aaa. Term Bands due February 1, 2019 in the aggregate principal amount of~135,0aD. Term Bands due February 1, 2021 in the aggregate principal amount of$155,OOD. Term Bands due February I, 2024 in the aggregate principal amount of 2~5,ODa. 1.Ob. 4 t~,~, anal Rede~n. The City may elect an February 1, 2018, and on any date thereafter to prepay Bonds due on or aver 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 particulax 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. 1.07. Mandato Redem tion. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot a# par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinkin Fond Installment Date Princi ~ al~aunt February 1, 2013 Term Bonds 2010 $40,000 2011 45,DDa 2012 ~ 50,OOD .2013 {maturity} 50,Do0 2015 Term Bonds 2414 55,000 2015 (maturity} 55,oD0 2017 Term Bands 201 d ~ 60,000 2D17 (maturity} b5,00D 2a 19 Term Bands 2018 bS,ODD 2019 (maturity} 70,aaa 2021 Term Bands 2DZa 75,ODD 2a21(maturity} 80,aD0 2024 Term Bonds 2022 85,aaa 2023 85,000 2024 (maturity} 95,000 The specif c Term Bands to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2. Re istration and Pa merit. Z.D 1. Registered Farm. The Bands shall be issued only in fully registered farm. The interest thereon and, upon surrender of each Band, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.a2. Dates: Interest Pa merit Dates. Each Band will be dated as of the last interest payment date preceding the date of authentication to which interest an the Bvnd has been paid or made available for payment, unless (i) the date of authenticatiaxi 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 Bands will be payable nn 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. ~9 City Council Minutes Monday, dune Z3, 2005 Page 14 of 31 2.03. Registration. The City will appoint, and shall maintain, a band registrar, transfer agent, authenticating agent and paying agent the "Registrar"}. The effect ofregistratian and the rights and duties afthe City and the Registrar with respect thereto are as follows ~a} Romer. The Registrar must keep at its principal corporate trust office a bend 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 Bands. Upon surrender far 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 banks for registration of any transfer after the fifteenth day afthe month preceding each interest payment date and until such interest payment date. ~c} Exchan a of Bands. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or mare 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. Bands surrendered upon any transfer yr 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 Band until the Registrar is satisfied that the endorsement on the Bond yr separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized The Registrar will incur na liability far the refusal, in goad faith, to make transfers which it, in its judgment', deems improper ar unauthorized. (f} Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the band register as the absolute owner of the Bond, whether the Bvnd is overdue or not, far the purpose of receiving payment of, or on account of, the principal of and interest on the Band and for all other purposes, and payments so made to a registered owner ar upon the owner's order will be valid and eft`ectual to satisfy and discharge the liability upon such Bvnd to the extent ofthe sum or sums so paid. (g} Taxes Fees and Char es. Far a transfer or exchange of Bands, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar far any tax, fee or other governmental charge required to be paid with respect to the transfer ar exchange. €h} Mutilated. Lo Stolen or Destro ed Bonds. If a Band becomes mutilated or is destroyed, stolen or last, the Registrar will deliver a new Band of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond ar in lieu of and in substitution for a Band 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 last, upon f ling with the Registrar of evidence satisfactory to it that the Band was destroyed, stolen or lost, and of the ownership thereof, and upon famishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which bath the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrax and evidence of such cancellation must be given to the City. Ifthe mutilated, destroyed, stolen ar last Bvnd has already matured ar been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i} Redern tion. In the event any of the Bands are called for redemption, nofice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by f rst class mail (postage prepaid} to the registered owner of each Bond to be redeemed at the address Shawn on the registration banks 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 far the redemption of Bonds. Bands 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. A ointment of Initial Re istrar. 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 ar trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees tv 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 appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bands in its possession to the successor Registrar and must deliver the band register to the successor Registrar. Dn ar 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 i~aterest then due. 2.05. Execution, Authentication and Delive .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. Incase any officer whale signature or a facsimile ofwhose signature appears vn the Bonds ceases to be such officer before the delivery of any Band, 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 ar obligatory for any purpose or entitled to any security ar benefit under this Resolution unless and until a certificate of authentication an the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication an different Bonds need oat be signed by the same representative. The executed certificate of authentication an each Band is conclusive evidence that it has been authenticated and delivered under this Resolution. 'when the Bands have been sa prepared, executed and authenticated, the City Manager shall deliver the same to the Furchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is oat obligated tv see to the application of the purchase price. 2.06. Temyarar~,~,,,Bonds. The City may elect to deliver in lieu of printed definitive Bands one or more typewritten temporary Bands in substantially the form set forth in Section 3 with such changes as may be necessary to reflect mare than one maturity in a single temporary band. Upon the execution and delivery of def nitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form ~afBond. 3.01. The Bands will be printed in substantially the fallowing form: No. R- ~ 20 City Council Minutes Monday, June 23, 2DD8 Page 15 of 31 UNITED STATES nF AMERICA, STATE OF MINNESOTA, CQUNTY nF AN4I{A, CITY DF C(JLUMBL4 HEIGHTS, TA~.ABLE GENERAL DBLIGATIGN I-IGUSING IMPROVEMENT AREA BONDS, SERIES 20D8A Date of Interest Rate Maturi 4ri inag Issue C February 1, 2Q„ July ld, 20D8 Registered Owner: Cede & Ca. . The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and far value received hereby promises tv pay to the Registered Owner specified above or registered assigns, the principal sum of $ an the maturity date specified above, with interest thereon from the date hereof at the annual rate specif ed above, payable February 1 and August 1 in each year, commencing February 1, 2Da9, to the person in whose name this Band is registered at the close of business an the tifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, ar 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 ofthe City have been and are hereby irrevocably pledged, The City may elect on February 1, 2D18, and on any date thereafrer to prepay Bonds due on or after February 1, 2a19. Redemption may be in whale or in part and if in part, at the option of the City and in such manner as the City wi11 determine. If less than all Bonds of a maturity are called far redemption, the City will notify Depository Trust Company (`~]TC"} of the particular ainaunt 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 ofpar plus accrued interest. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinkin Fund Installment Date Principal Amount February 1, 201 ~ Term Bonds 2010 ~4D,D00 2011 45,Da0 2012 ~Q,OOD 2D13 (maturity) 50,aaa 201 S Term Bonds 2x14 sS,Dao 2D15 (maturity) SS,aaa 2017 Term Bonds 201 ~o,aoo 2x17 (maturity) 65,ODQ 2019 Term Bonds 20 ~ ~ ~~,aoo 2019 (maturity} 7a,ODD 2021 Term Bonds 2020 75,aDo 2021(maturity) So,aQa 2024 Term Bonds 2D22 85,aaD 2a23 85,aa0 2x24 (maturity) 95,a0D The specific Tenn Bands to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price ofpar plus accrued interest. This Band is one of an issue in the aggregate principal amount of ~975,~Q0, 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 an June 23, 2DQ8 (the "Resolution"}, for the purpose of providing money to aid in financing various pausing 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 ar to be levied an property within the housing improvement area in which the housing improvements are located, asset 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 Band and the City Council has obligated itself to levy ad valorem taxes an all taxable property in the City in the event of any def ciency in revenues pledged, which takes may be levied without limitation as to rate yr arnaunt. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,a~~ ar any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set Earth therein, this Band is transferable upon the books of the City at the pi incipal office of the Bond Registrar, by the registered owner hereof in person ~r by the owner's attorney duly authorized in writing upon surrender hereoftagether with a written instrument aftransfer satisfactory to the Band Registtar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bands of other authorized denominations. Upon such transfer ar exchange the City will cause a new Bond or Bonds to be issued in the name ofthe 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 gavemmental charge required to be paid witp respect to such transfer or exchange. 21 CXty Council Minutes Monday, dune Z3, 2U48 Page 6 of ~ 1 The City and the Bond Registrar may deem and Feat the person in whose name this Band is registered as the absolute owner hereof, whether this Bvnd is overdue or not, far the purpose of receiving payment and for all other purposes, and neither the City nor the Band Registrar shall be affected by any native to the contrary. IT IS HEREBY CERTIFIED, RECITED, CQVENANTED 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 dune, to exist, to happen and to be performed preliminary to and in the issuance ofthis Band 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 Bvnd is not valid ar 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 vfone of its authorized representatives. IN WITNESS WI~REUF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Band to be executed an its behalf by the facsimile or manual signatures of the Mayor and the City Manager and has caused this Band to be dated as of the date set forth below. PRQ~'ISIQNS AS TO REGISTRATION The ownership of the principal of and interest an the within Bond has been registered on the books of the Registrar in the name of the person last noted below. 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 yr regulations: TEN COM -« as tenants UNIF GIFT NiIN ACT Custodian in common (Gust} ~Ivlinor} TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors IT TEN --as joint tenants with right of survivorship and Act ........... . not as tenants in common {State} Additional abbreviations may also be used though not in the above list. ASSIGNMENT Fvr value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and daes hereby irrevocably constitute and appoint attamey to transfer the said Band on the books kept for registration ofthe within Band, with full power of substitution in the premises. 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 ar any change whatever. Signatures} must be guaranteed by a financial institution that is a member afthe Securities Transfer Agent Medallion Program ~"STAMP"},the Stack Exchange Medallion Program ("SEMP"}, the Ncw York Stack Exchange, Inc. Medallion Signatures Program ~"MSP"} or other such "signature guarantee program" as may be determined by the Registrar in addition ta, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended The Bond Registrar will not effect transfer of this Band unless the information concerning the assignee requested below is provided, 3.02. A ravin Le a1O inion. 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 prin~d an or accompany each Bond. Section 4. Pa ment; Securi • Pled es and Covenants. x.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid an the Bonds, and to make adequate and specif c security tv the purchasers and holders of the Bands from time to time, there is hereby created a separate special fund of the City to be known 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: 4a} The Project Fund, into which fund will be deposited proceeds of the Bonds in the amount of $858,909.12. Upon issuance of the Bonds, the City shall also deposit into the Project Fund prepaid Housing Fees in the amount of $1,774,685.00, 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, $75,000.00 will be disbursed to the City to pay the administrative casts of the Housing Improvement Area. The balance of funds in fine Project Fund shall be disbursed to pay the costs of the Housing Improvements in accordance with the terms of the Development Agreement, between the City and Sullivan Shores Townhouses Association, Inc. (the "Association"}, dated as of May 12, 200$ (the "Development Agreement"}, and the Disbursing Agreement between the City, the Association and Commercial Partners Title, LLC, dated as of March 12, 200$. Interest earnings from moneys in the Project Fund shall be credited to the Project Fund. (b} The Costs aj"~"sszrance Fund, into which fund will be deposited proceeds of the Bands in the amount of $24,b79.92, which amount will be used solely fur the purpose of paying casts 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 bother than amounts payable to Kennedy & Graven, Chartered as Bond Counsel} to U.S. Trust Company, Minneapolis, Minnesota on the closing date far 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 casts. Any balance remaining in the Casts of Issuance Fund after all 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 hereafrer created. ~c} The Debt Service Ftrnd, into which fund will be deposited from Band proceeds 29,788.96, which represents capitalized interest through February 1, 2009, together with l*Iousing Fees in the amount necessary to pay when due the principal and interest on the Bands. Interest earnings from moneys in the Debt Service Fund shall be credited tv the Debt Service Fund. 22 City Council Minutes Monday, June 23, 2408 Page I7 of 31 (d) The Special ReseiNe Fund, into which fund will be deposited proceeds of the Bonds in the amount of $54,000. Amounts in the Special Reserve Fund shall be applied and disbursed in accordance with the Ievelapment Agreements Interest earnings from moneys in the Special Reserve Fund shall be credited to the Surplus Fund hereafter created. (e} The Surplus Ficncl, into which fund will be deposited all Housing Fees in excess of the amounts required tv 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 the Development Agreement. Interest earnings from moneys in the Surplus Fund shall be credited tv the Surplus Fund. 4.02. De~sit 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 ofthe amount insured by FDIC anust 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 Housin Im rovements. The City hereby covenants with the holders fram time to time ofthe Bands as follows; (a} The City has caused or will cause the Hauling Fees for the Housing Improvements in the Housing Improvement Area to be promptly levied against housing units in such Area so that the fast ~stallment will be collectible not later than 2009 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 rewired under the Development Agreement for the construction of the Housing Improvements financed wholly or partly fram the proceeds of the Bonds, and will take all further actions necessary far the final and valid levy of the Housing Fees and the appropriation of any other funds needed to pay the Bands and interest thereon when due. (b} In the event of any current ar anticipated def ciency in Housing Fees (after taking into account any revenues collected or anticipated to be collected under the Develapment Agreement), the City Council will levy ad valorem taxes in the amount of the current or anticipated def ciency. (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 fi~rids appropriated for their payment, collections thereof and disbursements therefrom, and monies on hand. 4.04. Nn Tax Le Re aired. It is hereby determined that the estimated collections of Housing Fees far the payment of principal and interest on the Bonds will produce at least f ve percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds, and that na tax levy is needed at this time. 4.05. Coun Auditor's Certificate as to Re istratian. The City Clerk is authorized and directed to fde a certif ed copy of this Resolution with the Director of Property Records and Taxation and to obtain the certificate required by Minnesota Statutes, Section 475.3. Section 5. Authentication of Transcri t. 5.01. Ci Proceedin sand Records. The afFcers ofthe City are authorized and directed to prepare and furnish tv the Purchaser and to the attorneys approving the Bands, certifed copies of 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 Bands and such instruments, including any heretofore furnished, shall be deemed representations aftheCity as to the facts stated therein. 5.42. Certification as to Dffcial 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 Qfficial Statement is a complete and accurate representation of the facts and representatiansmodetherein as oftlie date ofthe Official Statement. Section ~. Book-En S stern: Limited Obli ation of Ci . 6.01. DTC. The Bonds will be initially issued in the farm of a separate single typewritten yr printed fully registered Bnnd for each of the maturities set forth in Section 1.05 hereof. IJpan initial issuance, the ownership ofeach such Bond wi11 be registered in the registration books kept by the Band Registrar in the name of Cede & Ca., 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 Bnnd Registrar in the name nfCede & Cn., as nominee ofDTC. 6.02, Partite. '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 nn responsibility or obligation to any broker dealers, banks and other financial institutions fram time to time far which DTC halls Bonds as securities depository (the "Participants"} or to any other person on behalf of which a Participant holds an interest in the Bands, including but not limited to any responsibility or obligation with respect to (i} the accuracy of the records of DTC, Cede & Co. ar any Participant with respect to any ownership interest in the Bonds, (ii) the delivery tv 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 native with respect to the Bonds, including any notice of redemption, ar (rxr) the payment to any Partzcxpant ar any other person, other than a registered owner of Bonds, or any amount with respect tv principal of or interest on the Bands. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Band is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bnnd for the purpose of payment of principal and interest with respect to such Band, 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 nn the Bonds only to or an the order of ~e 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 Bands to the extent of the sum nr sums so paid. No person other than a registered owner ofBonds, as Shawn in the registration banks kept by the Registrar, will receive a certif voted Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Cn., the words "Cede & Co.,"will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy afthe 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 nn the Bands and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bands will agree to take all action necessary for all 23 City Council Minutes Monday, June 23, 2D08 Page ~ 8 of 31 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.U4. Transfers dutside Boak-En S stem. 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 Band certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Band certificates. In such event the City will issue, transfer and exchange Band certif cater as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving native to the City and discharging its responsibilities with respect thereto under applicable law, In such event, if na successor securities depositary is appointed, the City will issue and the Band 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 frA5. Fa menu to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Band is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Band and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Lehr. Sedan 7. Cantinuin Disclosure. 7.D1. Ci Com liance with Provisions of Cantinuin Disclosure Certifcate. 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.B~. Execution of Cantinuin Disclosure Certificate. "Continuing Disclosure Certificate" means that certain continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bands, as originally executed and as it may be amended from time to time in accordance with the terms thereof Section 8. Defeas~nce. V~hen 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 far the prompt and full payment of the principal of and interest an the Bands will remain in full farce and effect. The City may discharge all Bands, which are due vn any date by depositing with the Registrar an 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 far the payment thereof in full with interest accrued to the date of such deposit. URDIlVANCE NQ.1550 BEING AN DRDINANCE AMENDING ORDINANCE NO.143Q, CITY CODE OF 2~U5 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN TIDE CITY GF CULUMBIA HEIGHTS The City ofColumbia Heights does ordain: Chapter 3, Article I afthe Columbia Heights City Code, is proposed to include the fallowing additions. ~9.~~3 OVERLAY D~STRCTS. (C} Sl~nreland .~anagement Overlay District. (1} .Purpose. (a} The unregulated use of shvrelands 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 afthe public health, safety and welfare to provide for the wise use and development of shvrelands of public waters. (b} Statutory authorization. These shoreland regulations are adapted pursuant to the authorization and policies contained in Minn. Stat. Ch. 1~3F, Minnesota Regulations, Parts 61~d.Z500 through fi124.3911tI, and the planning and zoning enabling legislation in Minn. Stat. Ch, 46~. (c} Jurisdiction. The provisions of this Code shall apply to sharelands of the public water bodies as classified in Section 9.113 (E}(4}(b} ofthis Code. A body of water created by a private user where there was no previous shareland may, at the discretion ofthe governing body, be exempt from this Cade. (d} Compliance. The use afany shareland of public waters; the size and shape of lots; the use, size, type and location of structures an lots; the grading and f fling of any shoreland area; and the cutting of shareland 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 Cade as existing or amended by the text and map of this Cade. 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 faint application of the districts, the more restrictive requirements shall apply. (fy Exemptions. (g} A structure ar use which was lawful before adoption of this article, but which is not in conformity with the provisions of the shareland Overlay District, may be continued subject to Section 3.1 ~5 of this Cade. 1. A property located within the shareland Overlay District that does not drain into a body of water listed in Section 3.113 (Z} District Boundaries. The boundaries of the shoreland overlay district within the city consist of the first tier of riparian lets abutting a protected lake ar tributary identified in Section 9.113 (C}(~}(b} of this Cade. The specif c boundaries of the shoreland Overlay District are shown on the official Columbia Heights shoreland Overlay District Map in the Columbia Heights Zoning Code. (3} Dej~nitinns. Far the purpose of this Chapter, certain terms and wards are hereby defined: Words use in the. present tense shall include the future; wards in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"'; and the ward "lot" shall include the word ``plat"; and the ward "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to'". 24 City Council Minutes Monday, dune 23, 2008 Page 9 of 3 l Far the purpose of this district, the following definitions shall apply: (a} Accessary Building. A subordinate building ar use, which is located on the same, lot as the principal building ar use and is necessary ar incidental to the conduct of the principal building or use. fib} Commission. The City of Columbia Heights Planning Commission. ~c} Commissioner. The Commissioner of the Department of Natural Resources of the State of Minnesota. ~d) Councir the Col~imbia Heights City Council. {e~ Development. The making of arty material change in the rise or appearance of any structure of land including recanstrzrction; alteration of the size of any straccture; alteratr"on of the land; alteration of a shore ar bank of a river, stream, lake ar pond; a commencement of drilling except to obtain soil samples; mining or excavation; demolition of a strxccture; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, yr fill on a parcel of land; the dividing of land into two ~Z~ or more parcels. ~} Impervious Surface. A constructed hard szrrface that either prevents or retards the entry of water into the sail, and causes wafer to rrrn off the surface in greater quantities and at an increase rate of flow than existed prior to development. E~camples include rooftops, sr"dewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads and gravel areas. (~ Lot Coverage. The amazent of impervious surface an a lot. ~h} Urdinary High Water Level. Minnesota State Statute IC~3G.~fl5, subdivision I~ dunes ordinary high water level as the baxrndary of waterbasins, watercourses, public waters, and public waters wetlands ancr~~ 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 paint where the natural vegetation changes from predominately aquatic tv predominately terrestrial; 2. far watercourses, the ordinary high water level is the elevation of the tap of the bank of the channel; and 3. for reservoirs and flowages, the ordinary high water level is the operating elevation ofthe normal summer pant. 4, (i} Shoreland. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,40 feet from the normal high watermark of a lake, pond, ar flowage; and 2. land within 30~ feet if a river or stream or the landward side of a flondplain delineated by ordinance on the river or stream, whichever is greater. (i) Share .impact Zone. The area between the ordinary high water mark and jlfty ~5'D} feet inland from the ordinary high water mark. ~~ Structure. Anything constr~rcted ar erected ~vlziclr req~rires location an or underground or attachment ca something having location an or rrndergro:rnd. This includes an edf ce or b~rilding of any kind, ar any piece of work artr~cially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4} Slroreland Classification System. ~~ P~rblic waters. The public waters of Columbia Heights have been classi red below consistent with the criteria found in Minnesata Regulations, Part 6IZ0.~3g0, and the DNR Protected Waters .Inventory ~Iap forAnaka County, Minnesota. {1) 4~cial Map. The sl7oreland permit district far the water•badr"es listed below shall be spawn on the Columbia Heights Map. Recreational Development Lakes Protected Waters Inventory ~ D. # Silver Lake ~ 83P General Development Lake Protected Waters Inventory L D. # Sullivan Lake ~ 8aP Highland Lake 79P Hart Lake 81P Clover Pond ~~~~ LaBelle Pond 687P (5} Administration. (a}Building Permit Required. A permit is required far 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 shareland district. Application for a building permit shall be filed with the Zoning Administrator ar any staff persons designated by the City Manager on an official application farm of the City, accompanied by a fee asset forth in Chapter d, Article II of the City Code. 1Nhere 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 sv that the Zoning Administrator can determine the site's suitability far the intended use. (b}Variance. Variances may only be granted in accordance with Section 9.144 (G) of this Cade. A variance may not circumvent the general purposes and intent of this Code. No variance may be granted that would allow any use that is 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 9.414 (H} of this Code. Conditional Use Permits are required to ensure specific development standards within the shareland Overlay Districts. (d}Notifications to the Department afNatural Resources. l , 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 tv the commissioner ar the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed sbdivisionslplats must include copies of the subdivisionlplat. 2. Approval. A copy of approved amendments and subdivisionslplats, and final decisions granting variances and conditional use permits under local shareland 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. (~} Land Ilse District Descriptions. (a} Allowed land uses within the shareland district shall be determined by the underlying zoning district, as listed within Chapter 9 of the City Cade. (7'} Lot Area acrd Widtlz Standards. 2v City Council .Minutes Monday, dune 23, 2l~OS Page 20 of 31 (a}Lot area and width standards far residential development shall be regulated per the underlying zoning district in Chapter 9 of the City Cade, ~$) Placement, Design, and Height of Strrrctrrres. (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 an the adjoining fats 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 Higlr Water Le~ve! Setback Structure setbacks (in feet} from the ordinary high water level are: Classes of Public Waters Structure Setbacks General Development Lake 50 feet Recreational Development Lake 75 feet 3. Her"girt of Structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter g of the City Cade. (b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erasion into public waters, fix nutrients, preserve shareland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. I. Vegetation alteration. Removal ar alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the share impact zones and an steep slopes is not allowed. b. in share 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 yr facilities provided that: (m) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf~an conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, ar branches that are dead, diseased, or ease safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Bzrilding 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 ofa separate shoreland grading and f fling permit. ~. Conditional Use Permit. Notwithstanding (2} above, a Conditional Use Permit will be required for those properties located in the Shoreland Qverlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-l, R-2A or R-2B. b. Placement, removal ar grading of more than 500 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 vfearthen material on property zoned R-3, R 4 yr LB. d. Placement, removal or grading of mare than 1,000 cubic yards of earthen material an property zoned GB, CBD, I-l, I-2, MXD, or PD. 4. ,Land alteration permit Notwithstanding (2} above, a land alteration permit will be required far: a. The movement of mare than ten cubic yards afmaterial vn steep slopes or within share impact zanies. b. The movement of mere than 50 cubic yards of material outside of steep slopes and share 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 ar f fling in any type 2-8 wetland must be evaluated to determine hnw 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. (ii}5tvrage afsurface runoff to prevent or reduce flood damage. (iii} Fish and wildlife habitat. (iv} Recreational use. (v} Shoreline ar bank stabilization. (vi} Noteworthiness, including special qualities such as historic signiFcance, critical habitat far 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 far the shortest time possible. c. Mulches ar similar materials must be used, where necessary, far temporary bare soil coverage, and a permanent vegetation saver 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 acceptable 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. bill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place f 11 or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create f nished 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 lane in accordance with other State and Federal regulations. A permit from the DNR is required. 25 City Council Minutes . Monday, ,Tune Z3, 2D48 Page 2 of 31 S. Canrtections 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 shareland controls. Permission for excavations maybe 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; I. General standards. a. When passible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, 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 passible and facilities ar methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are oat suff cient to adequately handle stvrmwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. preference must be given to designs using surface drainage, vegetation, and inf ltration rather than buried pipes and manmade materials and facilities. 2. Specrfrc standards. a. Impervious surface lot coverage shall not exceed thirtyWf ve percent ~3~°/a} 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 (9~°/Q). These requirements may be amended through the variance process and shall comply with the following standards, (i) All structures, additions ar expansions shall meet setback and other requirements ofthis Cade. (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 far the treatment of stvrmwater runoff andlor prevention of stormwater from directly entering a public water. The measures may include, but oat limited to the following: A. Appurtenances as sedimentation basins, debris basins, desalting basins, or silt traps. $. Installation of debris guards and microsalt basins on store sewer inlets. 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 dawn spouts. E. Construuction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath yr 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. . G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it iota the pervious area. b. When constructed facilities are used far stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the Feld office technical guide for the local sail and water conservation districts. c. Newly constructed stormwater outfali to public waters must provide for filtering.or settling or suspended solids and skimming ar surface debris before discharge. ~. Noncortformitt"es. All legally established noncanformities as of the date of this section may continue, but they will be managed according to Section 9.1 DS ofthis Code with the following exceptions: a. Decks are allowed as a conforming use provided all ofthe following criteria and standards are met; (a) The principal structure existed vn the date the structure setbacks were established. (ii) No other reasonable location for the deck exists. (iii} The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment of ten (10) feet into the Shore Impact Zone. (9) Public Nuisarrce; Penalty (a}Any person who violates any provisions of this district or fails to comply with any of its terms ar requirements shall be guilty of a misdemeanor, punishable by a fine of not mare than $~QU or imprisoned for oat mare than ninety (94) days, or both, and a 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 abstraction or use placed or maintained in the Shareland 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. Section Z: This ordinance shall be an full force and effect from and after 30 days after its passage. DRAIl~ANC~ Na.15~~' BEING AN pRDINANCE PERTAINING ~'U ERDSI~N~ND SEDIMENT CUN7"Rf~L The City of Columbia kleights does hereby establish Section 9.106(Q} Erosion and Sediment Control of Chapter 9, Article 1, of the City Cade to read as follows: (Q} Erosion a~7d Sediment Control (1} PURPOSE During the construction process, sail is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic baba#at for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. 2? City Council Minutes Monday, dune Z3, 2DD8 Page ~2 of 31 As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage tv 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 nr breaks the topsoil or results in the movement ofearth on land in Columbia Heights. This ordinance is to be used in supplement to the City Zoning Cade, Chapter g.10~ and to any other regulations as required by state agencies. (2} DEFIN1TlONS {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 mast effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, canstruction~phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state ar designated 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 qualif ed land protection organization. The easement confers the transfer of usage rights from one party to another. {#} Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil saver (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 andlor solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other NPCA permits to be discharged. {h} Erosion Control A measure that prevents erosion including but not limited to: sail stabilization practices, limited grading, mulch, temporary ar permanent cover, and construction phasing. (i} Erasion 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 f ll of material to f nal plan elevation. Final grade completed as part of individual site development. {k} Final Stabilization: All sail 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 saver far the area has been established on all unpaved areas and areas oat covered by permanent structures, ar equivalent permanent stabilization measures have been employed; {l} Grading Excavation or f ll 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 far the improvements and structures far the control of erasion, runoff, and grading. Herein after referred to as "Grading Permit". (n} Grading, Drainage and Erosion Control Flans 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 an a development site during and after construction as detailed in the City of Columbia Heights "Zoning Grdinance" and City S'~VPPP. {o} Impervious Surface A constructed hard surface that either prevents ar retards the entry of water into the soil and causes water to run affthe surface in greater quantities and at an increased rate of flow than prior to development, Examples include rooftops, sidewalks, patios, driveways, parking lets, storage areas, and concrete, asphalt, ar gravel roads, {p} National Pollutant Discharge Elimination System ~NPDES} The program far issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean 1Nater Act (Sections 3I1, 318, 4~2, and 405} and United States Code of Federal Regulations Title 33, Sections 1317,13Z8,134~, 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 far all plan requirements. {u} Publie'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 ar federal agency. ZS City Council Minutes Monday, dune 23, 2008 Page 23 of 3 ~v} Rough Grade Excavation or fill ofmaterial to a condition suitable far general maintenance. ~w} Sediment Control Measures and methods employed to prevent sediment from leaving the site. fix} Site A parcel of land or a contiguous combination thereof, where grading work is performed asa single unifed operation. {y} Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, stared sad, riprap, wood fiber blanket, or other material that prevents erasion from occurring. Grass seeding is not stabilization. 4z} Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. ~aa} Start of Canstructian The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and f Ming; ebb} Storm Water Defined under Minn. R, 70'~~'.0105, subp. 4I ~}, and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. (cc} Storm Water Pollution Prevention Program ~SWPPP} A program for managing and reducing storm water discharge that includes erosion preventon measures and sediment controls that, when implemented, will decrease sail erosion on a parcel of land and decrease off-site nonpaint pollution. add} Surface'~ater or Maters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural ar artificial, public or private. fee} Temporary 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 ar to the public storm drain. (gg} Water Conveyance System Any channel that conveys surface runoff throughout the site. thh} Wetland or V~"etlands Defined in Minn. R. 7050.OI30, subp. F and includes those areas that are inundated or saturated by surface water ar groundwater at a frequency and duration sufficient tv support, and that under normal circumstances do support, a prevalence of vegetation typically adapted far life in saturated sail conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed far wastewater treatment are not waters of the state. (3} PERMITS ~a) APPR4VAIa: 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 the following measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Columbia Heights. 1. 5,000 square feet. Z. 504 cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway fib} 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 far the protection of life, property, ar natural resources. 2. General establishment ofnew construction lawns, or the addition of four 44} or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessary use. . ~c} APPLICATIDN REQUIREMENTS: 1. Each application shall bear the namets} and addresses} afthe owner or developer ofthe site, and of any consulting f rm retained by the applicant together with the name of the applicant's principal contact at such f rm ~. A filing fee and security as outlined by the City's Zoning ordinance and paragraph (d}below. 3. A Grading, Erosion and Sediment Cantral Plan meeting the requirements of this otdinance. Each application shall include the required number ofplans and other required materials as specified on the application farm. ~, The application farm 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, Erasion and Sediment Control Plan. ~d) SECC~RITY: 1. The permittee will be required to f le 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 far fee schedule. ~~ City Council Minutes Monday, dune 23, 2448 Page 24 of 3 ~4} ~~~ a. The security shall cover all casts of engineering and inspection, site improvements, street sweeping, repairs tv erosion control measures, and maintenance of improvements for such period as specif ed by the City of Columbia Heights. Such deposit shall be provided prior to the release ofthe Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. ~. Individual lot developers shall be required to provide a bend with a building permit applicatian. a. The security shall saver City casts for street sweeping, installation, maintenance and repairs tv erosion control measures. The band 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 specif ed in the City Zoning Qrdinanee. fie} PRQCEDURE: 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 applicatian nv less than fifteen ~1S}working days in advance of the desired Grading Permit date. Upon complete applicatian, the City of Columbia Heights shall, in writing; 1. Approve the permit application; 2. Approve the pernait 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 reasons} and procedure for submitting a revised application andlar submission; ~. Appeals of denial of permit shall be processed in accordance with Appeal to the Columbia Heights Zoning Qrdinance. GRADING, ERQSIQN AND SEDIMENT CDNTRC]L PLAN REQUIREMENTS ~a} PLAN REQUIREMENTS: Grading, erasion 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 sails, tree cover including size and type, significant native plant communities, and resources protected under other chapters ofthis code. ~. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and f nal grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing ar grading, the estimated duration of exposure ofcleared 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 ofthis local regulation throughout all phases of construction and after completion of development ofthe site. Depending upon the complexity ofthe project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method ofseedbed preparation, expected seeding dates, type and rate oflime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City ofCalumbiaHeightsZoning Qrdinance. 5. Provisions for maintenance of erasion and sediment plan, specifically in boulevards, easements and other public areas, and estimates ofthe cost ofmaintenance. 6. Provisions for regular permittee inspections of all antral measures in accordance with the inspection schedule outlined an the approved Grading, Erasion and Sediment Control Plans}. 7. Modifications to the plan shall be processed and approved yr disapproved in the same manner of this regulation, maybe authorized by the City afColumbia 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. CQNSTRUCTI4N REQUIREMENTS ~a} C4NSTRUCTIpN SFECIFICATl4NS: 1. Grading, erosion and sediment controls as specified in the City's Zoning Ordinance. 2. Clearing and grading ofnatural 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. ~. 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 an site specifics, with the size ofeach phase to be established at plan review and as approved by the City EngineerlCity of Columbia Heights. 5. Soil stabilization shall be completed within l4 days of clearing ar inactivity in construction. b. 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. ,7. Seeding shall be in accordance with the City's current seeding specif cation as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. S. 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 far a period of 7 or mare days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights~af way yr waterways is prohibited. 10. The entire site must be stabilized to a 74 percent coverage, using a heavy mulch layer or another method that does oat require germination to control erasion, at the close nfthe construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed, 30 City Council Minutes Mar~day, dune ~3, 2~US Page 25 of 3 fib} WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee~s} shall implement the following waterway and watercourse measures on the site; I. 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 2~ hours after any in-channel work. 3. All on-site starmwater 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 ofall pipes and paved channels. ~c} PGLLUTIDN PREVENTION MANAGEMENT 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. ~. Hazardous Materials: Gil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks ar other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be incompliance 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 af. No engine degreasing is allowed an site. ~d} INSPECTION ~a} NGTIFICATIGN: 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 Erasion and Sediment Control Plan as approved. fib} PRGCEDURE: The Applicant shall inspect all permit sites once per week and within ~4 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 fallowing: 1. Installation of sediment and erosion measures 2, Start of construction 3. Close ofthe construction season ~, Completion offnal stabilizationllandscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out ~c} MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erasion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. ~d} PERMITEE INSPECTION: The permittee or hisll~er 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 Plans}. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional conhrvl measures. All inspections shall be documented in written farm and submitted to the City of Columbia Heights at the time interval specified in the approved permit, fie} AUTHGRIZATIGN: The City Engineer or Erasion 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. ~7'} SITE MAINTENANCE ~a} RESFGNSIBILITIES: The permittee sha11 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 far erosion and sediment conttol inspection, street cleaning, and street sweeping. (b} LAPSE: Ifthe Grading permittee repeatedly fails to meet yr maintain sediment and erasion control measures per the Approved Grading, Sediment and Erosion Control Plan, the City may, in its discretion, perform the work ar contract to have the work completed and drawn down an the escrow deposit to pay any casts. 1. The City will endeavor to notify the Developer in advance of any proposed action, but failure afthe City to da 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 ~1~} days from the date notice ofthe amount owed to the City is mailed, the City may draw an the security to reimburse City for such costs. ~8} CERTIFICATION ~a} APPROVED GRADING, ERGSION & SEDIMENT CONTROL PLAN: Plans far grading, stripping, excavating, and f Ming work bearing the approval of the City Engineer shall be maintained at the site during the progress of the work. (b} A5-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty ~~0}days after completion of site development as per the approved Grading, Erasion and Sediment Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Columbia Heights Zoning Ordinance. ~c} PRGCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As~Built Site Development Plan are vn f le 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 I~ngineer. ~d} REMOVAL DF EROSION CONTROL MEASURES: The above specif ed requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items .involving ponds and slopes, f nal stabilization, completion of proper turf establishment and placement of the proper conservation easement pasts and signs as specified. Inspection is required after the removal aferosion control measures to verify proper restoration. Please refer to City of Columbia Heights Zoning Ordinance for specif cations. ~9} ENFORCEII!IENT 3~ City Council Minutes Monday, June 23, 248 Page 26 of 3 ~ ~a} STOP '~V4RK 4RDERIREVDCATtCN 4F SITE DEVELOPMENT PERMIT. 1. In the event that any person holding a site develapment permit pursuant to this ordinance violates the terms of the permit or implements site develapment in such a manner as to materially adversely affect the health, welfare, environment, ar safety of persons residing ar working in the neighborhood or development site sa as to be materially detrimental to the public welfare ar 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. ~, The City of Columbia Heights City may draw dawn on the Grading Fennit security, with 3U days written native to Developer, for any violation ofthe terms of this Contract related to landscaping if the violation is not cured within such thirty X30) day period or if the security is allowed to lapse prior to the end of the required term, If the security is drawn dawn, the proceeds shall be used to cure the default. 3. No develapment, utility ar street construGtian will be allawed ar~d no building permits will be issued unless the development is in full compliance with the requirements afthis Paragraph. €b} VIdLATInN AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, ar maintain any grading, excavation, ar f 11, ar cause the same tv be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the pravisions of this ordinance shall be deemed guilty of a misdeneanar and each day during which any violation of any of the pravisions of this ordinance is committed, Gont~nued, 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 specif ed by the City ordinance far fee schedule for each offense. In addition to any other penalty autharixed by this section, any person, partnership, ar corporation convicted of violating any of the pravisions of this ordinance shall be required to bear the expense of such restoration. ~1Q) SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion ofthis ordinance shall not affect the validity afthe remainder. l~sozvrzzo~v eons-~4o 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 U. Erbob ~I-ereinafter "owner of Record"}. whereas, the owner of record is the legal owner of the real property located at 1635 49~~ Avenue N.F., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights~Code, Chapter 8, Article II, Section 8.2D6, written notice setting forth the causes and reasons far the proposed council action contained herein was sent via regular mail tv the owner of record on June 2, 2~U8 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City ofCalumbia Heights makes the following: FIND~IGS QF FACT I. That on October 22, ~~D7 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, 2~a8 inspectors reinspected 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 .Tune 1 I, 20fl8 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 bodes€s}were found to exist, to wit: Shall repair any torn screens on the house. 5. That all parties, including the owner of record and any occupants yr tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5.2~6~A) and S.2U6~B}. CQNCLUSIQNS aF CE]UNC1L ~ . That the property located at I635 49~' Avenue N.E. is in violation of the pravisions of the Columbia Heights City Code asset 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. URD~R 4F COTJNCIL 1. The property located at 1635 49~~ Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy ofthis order shall be served upon all relevant parties and parties in interest. RESOLUTION 20n8-42 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement ~of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property awned by Lee & Tina Reinartz ~Iereinafter "owner afRecord"}. 3~ City Council Minutes Monday, June 23, 2008 Page 27 of 3 whereas, the owner of record is the legal owner of the real property located at 4237 2"`~ Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Fleights Code, Chapter 8, Article II, Section 8.246, written notice setting forth the causes and reasons far the proposed council action contained herein was sent via regular mail to the owner of record on June 5, Zo48 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council ofthe City ofColumbia Heights makes the fallowing: FINDINGS CF FACT That on April Z8, 2008 an inspection was conducted an 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 reinspected 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 ofCity Codes~s}were found to exist, to wit: Shall replace the broken window on the back of the garage and shall remove all~any outside storage from the property. 5. That all parties, including the owner of record and any occupants o tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cvde Section 8.206~A} and 8.206~B}. CONCLUSIONS OF COUNCIL l . That the property located at 4237 2nd Street N.E. is in violation of the provisions of the Columbia Heights City Cade as set forth in the Notice ofAbatement. 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 CF COUNCIL I . The property located at 4237 2°~ 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. RES[~LUTON 20a8~L43 Resolution of the City Council for the City a Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Cade, of the property awned 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 8.246, written notice setting Earth the causes and reasons far the proposed council action contained herein was sent via regular mail to the owner of record on .Tune 3, ZOOS 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 fallowing: FINDINGS OF FACT 1. That on May Z2, Z008 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 an 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 propert~r and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes~s}were found to exist, to wit: Shall remove alVanytrash-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.Z06~A} and 8.Z06~B}. CONCLUSIONS OF COUNCIL 1. That the property located at 393I Jackson Street N.E. is in violation ofthe provisions of the Columbia Heights City Code asset 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 33 City Council Minutes Monday, June 23, 2178 Page 28 of 3 ~ 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. {]BOER DF COUNCIL 1. The property located at 393 ~ Jackson 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. RESU~ilT1aN 2~~8-x.44 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 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 S, Article II, Section 8.24d, 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, 2448 Nvw, 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 DF FACT 1. That on May 13, 2~~$ 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, 248 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, 2448 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, tv wit: Shall remove alllany outside storage from the property. 5. That all parties, including the owner of retard and any occupants or tenants, have been given the appropriate notice of this hearing according to the~provisions of the City Code Section 8.20~~A} and 8.246}. 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 asset 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 retard, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. DRIER OF COUNCIL 1. The property located at 3975 Jackson 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. R~soLVT~v coos-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 S, Article Il, of City Code, of the property owned by Tracie white~Hobson hereinafter "Owner ofRecord"}. 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 8.246, 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, 2U48 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, 2447 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, 2448 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 34~ City Council Minutes Monday, June 23, 245 Page 29 of 3 ~ records. 3. That on June ~ ~, 2UD~ inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes~s} were found to exist, to wit: Shall repair the holes in the overhead garage door. 5. That all parties, including the owner of retard 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 8.20~~B~. CONCLUSIONS OF COUNCIL 1. 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. 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 a 3915 Ulysses Street N.E. constitutes a nuisance pursuant tv City Cade. 2. That a cagy of this order shall be served upon all relevant parties and parties in interest. ~s~L~orr Zoos-~46 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.4U8~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 5A, Article TV, 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, 2~~8 of an public hearing to be held an 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 I1, 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 2~, 2047 inspectors for the City of Columbia Heights performed a f nal 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 an the rental housing license application. 3. That on January 3, 2405 inspectors far 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, 2a~8 inspectors for the City of Columbia Heights performed a foal 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, 2~U8 inspectors far the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected, G. That based upon said records ofthe Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall scrape and paint the garage where there is peeling paint and shall sod all bare areas of the yard. 7. That all parties, including the License Holder and any occupants ar tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 1B 5A.306 and SA.303~A}. ORDER DF COUNCIL 1. The rental license belonging to the License Holder described herein and identif ed by license number FSS95 is hereby revoked. 2. The C'rty 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 firam the premises within 60 days from the first day ofposting of this Order revoking the license as held by License Holder. Rl~soLV~c~~v zoos-147 35 City Council Minutes Monday, June 23, 2008 Page 34 of31 Resolution ofthe City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.448~A} of that certain residential rental license held by wafter Caughey Hereinafter "License Holder"~. Whereas, license holder is the legal awner of the real property located at 3959-3941 Polk Street. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article T~', Section 5A.448~B}, written native setting forth the causes and reasans for the proposed Council action contained herein was given to the License Holder on June 12, 2448 of an public hearing to be held on June 23, 2408. 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: F1NL}TNGS OF FACT 1. That on yr about April 15, 2008 inspection off ce 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 awner at the address listed in the property records. 2. That an June 12, 2448 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement ofCause 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 rental housing renewal application and applicable fees. 4. That all parties, including the License Helder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cade, Chapter 5A, Article ZII 5A.30~ and 5A.343(A}. DRDER QF C(JUNCIL .1. 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 an 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 Qrder revoking the license as held by License Heider. RFS4LUTICIN ZQ~~-148 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article TV, Section 5A.448~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 45U2 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article N, Section 5A.408~B}, written notice setting forth the causes and reasans for the proposed Council action contained herein was given to the License Holder on June 4, 2048 of an public hearing to beheld on June 23, 2Ua8. Naw, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council afthe City of Columbia Heights makes the following: FINDINGS CF FACT 1. That on actober 11, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter fisting the violations was mailed by regular mail to the owner at the address listed an the Rental Housing License Application. 2. That on November 28, 24U7 inspectors for the City of Columbia Heights performed a foal 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 14, 2D08 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 Tune 4, 2DU8 deadline for have all violations repaired. 4. That on June 4, 2448 inspectors for the City of Columbia Heights perfotmed a reinspection and noted that one violation remained uncorrected. a. That based upon said retards of the Enforcement Office, the following conditions and violations of the City"s Residential Maintenance Code were found to exist, to-wit: Shall scrape and paint the garage. ~. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of 36 City Cauncil Minutes Monday, June 23, 2008 Page 31 of 31 this hearing according to the provisions of the City Code, Chapter 5A, Article II~ 5A.306 and 5A.303~A}. ORDER OF CUUNCL ~. The rental license belonging to the License Holder described herein and identified by license number F8836 is hereby revoked. 2. The City will pest for the purpose of preventing occupancy a copy ofthis order an the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the f rst day of posting of this order revoking the license as held by License Holder. l~sow~r~o~v ~oos~l49 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article N, Section 5A.408~A} of that certain residential rental license held by Bob Landucci Hereinafter "License Haller"}. whereas, license holder is the legal owner of the real property located at 45x9 Fillmore Street N.E., Columbia Heights, Minnesota, whereas, pursuant tv City Code, Chapter 5A, Article Tv, Section 5A.408~B}, written notice setting forth the causes and reasons for the proposed Cauncil 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 fallowing: Fl~ND~NGS 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 tv the owner at the address listed on the rental housing license application. 3. That on June ~, 2008 inspectors for the City of Columbia Heights performed a reinspectivn 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, towwit; Shall replace the missing storm door and shall remove alll any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate native of this hearing according to the provisions of the City Coda, Chapter 5A, Article lII 5A.306 and 5A.303~A}. ORDER 4F CCJUNCIL 1. The rental license belonging tv the License Holder described herein and identif ed by license number F8567 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy ofthis order vn 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 Urder revoking the license as held by License Helder. 3T APPROVED July 1, 2008 CC]LUNIBIA. H~~GHTS PUBLIC LIBRARY BOARD ~F TRJSTEF~S NIINU7":ES June 3, ZU08 In the absence of the President, the meeting was called to order by Catherine Vesley at 7:01 p.m. Members present were, Catherine Vesley, Patricia Sowada, Lynette Thomson and Nancy Holum. Also present: Becky Loader, Stacey Hendren, City Council Representative Bruce Kelzenberg, Finance Director Bill Elrite, Anoka County Library Director Marlene Moulton- Janssen, and Anoka County Commissioner Jim Kordiak. Not Present: Barbara Miller. City Manager walt Fehst arrived at 7:08 p.m. There was a ~notian to move item: New Business 1: Merger of Anoka County Library Information Services ~S} Department with Anoka County 1S Department, to the top of the agenda. It was moved, seconded. and passed. Vesley turned the floor over to the Anoka County Library Director Marlene Moulton-Janssen. Moulton•Janssenprised out a document titled Potential Technolo infrastructure Chan es. Moulton..Janssen introduced herself as the Director of the Anoka County Library system for the past 3 years and gave a brief background. Kvrdiak thanked the Library Board far having them and stated that he feels the Anoka County Library would do better to collaborate more closely with the Anoka County ~S Department. The ACLand AC-IS departments have been looking for ways to collaborate. These inquiries resulted in presentations to the AC Library Board and the Anoka County Board of Commissioners. The collaboration will include additional costs for changes to the infrastructure and later for yearly maintenance. Moulton~Janssen gave a presentation an the onetime costs and operating costs for ACL and CHPL. Areas covered included hardware, network upgrades, server upgrades, support maintenance, ILS costs, bandwidth, and a replacement pc management system. Board members questioned if there was alternative support for these costs either through Federal monies or corporate support and whether there could be collaboration with the public schools. City staff brought up questions concerning 1S support done by the City and how the change-over would occur. Kordiak recommended a meeting between the County IS Department and the City S Department. The Library Board thanked Marlene Moulton-Janssen and Jim Kordiak for their presentation. Flr'te, Moulton~Janssen and Kardiak left at B:Od p.m. Discussion followed on how the proposed changes in operating and capital expenses would affect the library budget. Discussion followed on the current housing market and the rental moratorium. Fehst left at 8:18 p.m. The minutes of the May 6, 2008, board meeting were approved as mailed. The bill list dated 511ZI08 was reviewed. It was moved, seconded and passed that the bills be paid. ~a The bill list dated 619108 was reviewed. it was moved, seconded and passed that the bills be paid. The accounting dated d 13108 was reviewed. t]id Business: 1. Loader presented the response given by Finance Director Elrite about projects that use the General Building Budget for large~scale planned projects. An example of a proj ect that could be considered far such funding would be the replacement of the Library's exterior and select Interior doors with the inclusion of guard keys and security cameras. Z, The Board was pleased to hear that Public Works has agreed to paint the exterior gas pipe. 3, The 2009 proposed budget is due on June 9, 2009. Loader will write the budget as normal with a contingency covering the Anoka County Library Merger. Discussion followed concerning the County fees that we can control, the contingency fund, Capital Equipment, and the settled contracts. 4. There is a 3.9% levy limit determined by the 2008 Legislative wrap-up. There was an error in the Maintenance of Effort that has been corrected. The MBE will include city and county libraries. Weigman went through the process with Loader this year and C~3PL has been re-certified. Vesley brought up the possibility of integrating the library system with the Columbia :Heights Public Schools. Loader stated that the schools maintain standalone systems, not integrated library systems, such as public libraries use. Also the schools' purpose is to support the curriculum in the materials collections, and CAL supports general informational and recreational materials for the community as a whole. New Business: 2. The Board appreciated the summer reading club flyers. Items from the Moor: 1. The Maintenance of Effort certif cation has been submitted. 2. The Columbia heights Jamboree Parade is taking place on June 27, 2048. Discussion followed concerning the decorations, theme, and the truck from Public Works. Sowada agreed to bring water for the parade. Thomson stated the recent statistic that the state of M~ is ~~`~ in library checkouts by children. 3. The Board received the April Crossover statistics, There being no further business, the meeting was adjourned at 8:45 p.m, Respectfully submitted, Stacey R. Hendren Secretary, Library Board ofTrustees. The City of Columbia .~Ieights does not discriminate on tlZe basis of disability in the admission or~ access to, or treatment or employment in, its services, prag~~ams, or activities. ~Ipon request, accommodation will be provided to allow individuals with disabilities to particr~ate in all City of Columbia Heights services, ~pragrams, and activities. 39 PLANN~ava Arr~ ~oN~NG Co~av~cssloN MINUTES aF T:~ ~~ULAR NILETING JULY 1, 2aa8 ~r:oo Pn~ The meeting was called to order at 7.U4 pm by Chair-Maclaine Szurek. Commission Members present Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent City Planner}, Gary Peterson Council Liaison}, and Shelley Hanson Secretary}. ~Vlotion b Schmitt, seconded by Peterson, to approue the minutes from the meeting of June 3, 2445. Ail Y ayes..~~2~.~~.~ PASS~'D. PTTBLIC HEARINGS CASE ~r~s~I~: coos-o~oi .APPLICANT: Varibest Printing L4CATIaN: 4355 Central Avenue ~QUES"~: Site Plan Approval far signage :~TRaDUCTION At this time, Varibest Printing is requesting a site plan approval for new signage at 4355 Central Avenue. The tenant s ace had been vacant for some time and is now occupied by Varibest Printing. The proposed p new si na e for the tenant space requires a site plan approval because the property is located within the g g Design Overlay Central Business District. CoNI,f'R~HENSIVE ALAN The Com rehensive Plan guides this area for Commercial related activities. The proposed sign plan meets p all the re uirements of the Design Guidelines, and for this reason is consistent with the Comprehensive q Plan. ~oNIN~ aRDINANCE The roe is located in the GB, General Business District, as are the properties to the north and south. p p ~y . The sub'ect arcel is also located within the Design Overlay Central Business District, and ~s subject the J P regulations for such properties. The Ci Code at Section 9.106 ~P}~12} states that total signage in the GB District shall not exceed two ~ ~ ~ r . scare feet for each front foot of tenant space provided n the mult~Mtenant bu~id~ng. The tenant space q occu ied b Varibest Printing is 24 feet in width. For this reason, the total amount of signage allowed for p y ' . are feet in the tenant ~s 48 square feet. The applicant s sign plan ~nd~cates one wall sign totaling 32 squ area; meeting the minimum sign code regulations. IIESIGN GUII~LLINFS SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign is aluminum with non~illuminated lettering. Therefore, the sign plan meets the minimum requirements. 4~ P~A~~v~ ~ Zo~I~G Co~:ss~o~ MTNUTlS PACK 2 JULY 1, 2oDll ENDINGS ~lF F`A~T Slte Plan Approval . Section 9. 04 re wires that the Planning and Zoning Commission shall make each of the following ~~ q f ndings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The ro ased site plan meets all the .Design Guidelines standards for wall signs in relation to the pp color of the sign and the types of materials used to construct it. Z. The site lan is consistent with the applicable provisions of the city's comprehensive plan. P ~'he ro ased sign plan is consistent with the C`amprebensive Plan, as it is consistent with the pP Design Overlay Central .Business District. 3. The site plan is consistent with any applicable area plan. Where is na applicable area plan for this area. 4. The site lan minimizes any adverse impacts on property in the inr~mediate vicinity and the public p . right-of~way. Tie ro osed si age meets all the minimum square footage requirements and all .Design Guideline pp ~ re uirements. .For this reason, the property in the immediate vicinity shaxcld not be adversely impacted. The si a e lan conforms to all standards outlined in the Design Guidelines. Therefore, staff recommends ~gp approval of the site plan for the Varibest Printing located at 4355 Central Avenue. uestions from~...m.embers: Szurek asked Sargent if this was a brand new sign that had been installed. Sargent stated that it was a new si n,not a re-facing of an old sign, That is the reason it needed site plan approval and a permit. g Szurek informed the owner that he should have followed the procedure and obtained the permit prior to installing the new sign, Public Hearin ~ erred. No one was present to speak on this issue, Public f3earin Closed. .lVlotio~ b Peterso~z, seconded ~y .~iore~dino, to waive the reading of .resolution .No. Z4a8-PZ~3, there being ample copies available to the public. All ayes..iV1O~'~ION PASSED. emotion b Peferson, seconded' by ~'chmi~, to adopt Resolution No. 2aD8-PZ13, being a resolzction y a rovin a site lan for° Varibest Printing located at X355 Central .Avenue. All Ayes..~IO~'IO.N PASS.FD. pP g p ~~ PLANNING ~ ZaNING CalvlMlssaN Mr.~rcJTEs PAGE 3 ~, 3, 3oos RESOLUTION No. ~oo~~P~13 RESOLUTION of THE PLANN.iNG AND ~oNING COMN~ISSION AFI'ROVING A SITE PLAN FOR SIGNAGE AT 4355 CENTRAL AVEN"TE WITHIN THE CITY OF C4LUNIBIA HEIGHTS, NQNNESI]TA ~VSEREAS, a roposal Case #2ooS-o7o 1 } has been submitted by Varibest Printing to the Planning and Zoning P Commission requesting a site plan approval from the City of Colu~nhia Heights at the following site: ADDRESS: 4355 Central Avenue ' LEGAL DESCRIPTION: on file at City Hall. THE APPLICANT SEE~.S THE l~`aLLowTNG PERMIT: Site Plan approval far signage for Varibest Printing located at 4355 Central Avenue. wHF-I~AS, the Planning Commission has held a public hearing as required by the city Zoning Code on July 1, coos; W.H;EREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff re ardin the effect of the proposed site plan upon the health, safety, and welfare of the community and its g g Com rehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, p danger of f re, and risk to public safety in the surrounding areas; and Now, 'T`HEREFORE, RE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Hei hts aher reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the fallowing g findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site lan minimizes any adverse impacts on property in the immediate vicinity and the public right-of p way, FURTHER, BE TT RESOLVED, that the attached conditions, maps, and other information shall become art of this ermit and approval; and in granting this permit the city and the applicant agree that this permit P p shall become null and void if the project has not been completed within one 1 calendar ear after the approval date, subject to petition for renewal ofthe permit. Passed this 1St day of July ZooB, offered by: Seconded by: Roll Call: Ayes; Nays: CHAIR Marlaine Szurek attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and re~.irn of this document to the City Planning office. I have read and agree to the conditions of this resolution as outlined above. Carolyn Racette Date 42 PLANNING ~ ~o~rl~vG CoMMss~o~ M~TEs PAGE 4 JULY , 2005 UT'~EIi B~JSIl~IESS Sar ent reminded members that the 2nd reading of the RIBS Qrdinance will take place at the July ZSd' City Council g ~neetin and that it would be effective August 28, 2008. ~Ie stated that a meeting will be held July 9~' to inform area g Realtors, Mortgage Companies, and Banks of the program being implemented. Sargent passed out a flow chart showin these uence of requirements that would need to be satisf ed prior to selling a home in Columbia heights. g q He told members that any additional questions should be directed to Scott Clark, Community Development Director. The meeting was adj owned at 7: 5 p.m. tespectfully submitted, Shelley Hanson Secretary 43 City of Columbia ~Ceights Fark and Recreation Commission May 7, 20U8 Eileen Evans called the meeting to order at 6:3o p.m. RILL CALL Members resent: Eileen Evans; Jerry Foss; Tam Greenhalgh; Stan Holum; Kevin p ~ hitl McDonald; David Payne; Marsha Strolk; Keith Wzndsc , Recreation Director; Kevin Hansen, Public Works DirectorlCity Engineer; Gary Peterson, Mayvr Also present: Cliff Shedlov, resident APPRUVAL CONSENT AGENDA Motion by Foss, second by Payne, to approve consent agenda. Upon vote: all ayes, motion carried. LETTERS AND RE VESTS A. Resident Cliff Shedlov thanked the Commission for the use of John P. Mur n Hall Shedlov ex ressed his gratitude to each member for the use of JPM to host the benefit on p April 23, Zo~B. B. Letter of a reciation of the facilities at John P. Mur n Hall Evans acknawled ed the lever of appreciation from Lisa's Catering. g C. Letter of re nest far a reduced fee of JPM from St. Timoth 's Lutheran Church ~Windschitl discussed the letter from St. Timothy's Lutheran Church in request for a reduced fee for the use of JPM. He suggested the $4U entry fee and $15 per hour of use. Motion b Toss, second by Wayne, to charge the $40 entry fee and X15 per hour for y the use of JPM on Sunday April 5~ 2009. Upon vote: ail ayes, motion carried» D. Fee waived re uest for the Columbia Hei hts Pra er Breakfast Windschitl stated that in previous years the fee for this event has been waived. Motion b Toss, second by ~reenhalgh, to v~aive the rental fee of John ~'p 1Vlurzyn y fall for the Prayer Breal~fast on Nlay 14, 20oS. Upon vote: all ayes, motion carried. DLD BUSINESS A. Silver Lake Park & Sullivan Lake Park im rovement u date Hansen reported on the updated of the biding process. I4 bids were received. Two grants were received for ark improvements. The City Council accepted the recommended park p improvements for Silver Lake and Sullivan Labe Parks. Hansen re orted on the color selection for the park shelters and playground equipment. p The Commission desired to stay away from bright colors. Hansen displayed the valor 44 Park & Recreation Commission 51?12008 Page ~ alettes. Darker colors are best for touching up any vandalism or scaring. One suggested p color combination is a dark red roof and tan metal because it will blend well into the stone and sand used within the park. Motion b Pa ne, second by Fass, to use the color combination of the burgundy roof y y ~ N ll a es and tan steel for the shelters at Suil~van and S~iver Lake Parks. Upon vote. a y , ~motivn carried. Re ardin the layground colors the same color palette could be used with additional g g p colors for the plastics and decking. It would tie in with the shelter colors. Motion by Payne, second by Fvss, to use the color combination of the burgundy metal u rights and tan~beige plastics and bronze decking for the playgrounds at P r . Sullivan and Silver Labe Parks. Upon vote: all ayes, motXOn carved. ~Ew BUSINESS A. 2448 Fireworks windschi~l re arced that in previous years both Melrose Pyrotechnics, lnc. and RES have p . done the fireworks far the Jamboree show. Proposals were received from both com anies. He reported that both companies have lane a good job in the past. Last p ears show was by Melrose Pyrotechnics of which we received many good compliments. y ~windschitl feels that Melrose Pyrotechnics does a good job and provides ail of the documentation, Resident, Ben Erickson, is the employee from Melrose Pyrotechnics that shoots off the fireworks. ~windschitl-feels that Erickson looks out. for the interest of Columbia Hei hts and is very easy o work with. He recommends using Melrose g Pyrotechnics for the 2445 Jamboree Fireworks show. Foss indicated that last year he heard strong positive comments about the fireworks show. He su ested for any interested cornnnission :member to talk with Ben Erickson and he gg will show theme the setup of the fireworks. Holum asked. if the companies were given a bud et to work with for the proposals. windschitl replied that they are given a $~4U4 g bud et and an itemized detailed spec sheet, a i 5-minute show and insurance provided. g Motion by Hoiurn, second by Payne, tv use Melrose Pyrotechnics far the 2~oS Jamboree Fireworks Shvw. Upvn vote: all ayes, motion carried. B. Minnesota Twins Communi Fund Grant windschitl reported that the Recreation Program Coordinator, Liz Bray, submitted the a placation for the N~ "Twins Community Fund Grant. A $504U matching grant was P awarded to the Recreation Iepartment. A few years ago this same type of grant was received for Keyes Park baseball Field. The goal is to provide safe fencing along the backsto and in front of the dugout, especially at the parks that are used on a regular p basis; ~wandschitl receives a lot of compliments on the condition of our fields such as at Huset Park. The parks Department does a good job with dragging and lining the fields. VL~andschitl indicated that the fencing at McKenna Parr would not be installed until the 45 fall to utilize the ballfield through the summer. be installed. Park & Recreation Commissioa 51?IZ448 Page 3 Both backstops and player benching will Hansen indicated that improvements would use a combination of City staff labor and contacted work on the fencing. Boiutn asked where the other half of the matching money for the grant would come froth. Bansen replied that it is in the parks budget. Foss stated that the grant letter indicated to contact the media regarding the awarding of the grant. windschitl indicated that the Sun Focus is currently writing an article. . Motion by Toss, Second by ~oium, to accept the NIN' Twins Community Fund Grant with matching funds and thank Bray for writing the grant. Upon vote: ail ayes, motion carved. C. Establish fees far nodal o usa e windschitl indicated that Cake and Pepsi are phasing out PreMix canisters. A lot of problems have occurred with leaking and the taste of the product.with the new post-mix system the shelf life is very limited and the product needs to be used faster than our current usage. The current JPM policy as of January ~, 2048 requires all renters having an open bar to use our pop system behind the bar. The past-mix system has been installed by Shamrock a local company thraugh a State Contract. T`he previous Premix system has gone up in price; with the new system we are paying roughly one fifth of the price. ~"indschitl recommends charging a f lot usage fee of $1 UO to renters of JPM with an open bar, ~3e also suggests passing on the savings to the Columbia ~3eights Lion's Clubby charging $34 for smaller groups and $d0 for larger groups. These fees are lower than the Lion's have averaged over the last year. Motion by Foss, second by Stroik, to charge a usage fee of ~1oD tv renters of Jl'NI, ~Go to the C.H. Lion's Ciub for larger groups and ~3o for smaller groups. Upon vote: ail ayes, motion carried. D. Review Park Rental fees be innin ZOD9 windschitl reported that current parr rentals for residents are free and nonresidents are charged $54 plus tax. The City does not have much to offer far park facilities while Sullivan Lake and Silver Lake Parks are closed for construction. Many potential park reservations have gone to Kordiak Park in the mean time. The Parks Department cleans and does maintenance an the parks. ~e believes that other communities do not offer this free service and is in favor of a park rental fee to offset the employee labor. Requests from fee-waived groups should also be taken into consideration. The Recreation Department has called to neighboring communities and recorded their park usage fee. Foss indicated support for a Park Fee regardless of wham the group is to saver things like, buildinglpark upkeep, electricity, cleanup and maintenance. Evans indicated support far park usage fee regardless of the renter. windschitl stated that one of the largest park . rentals is by ~edtronics at Sullivan Lake Park with hundreds of people two or three times per year. Extra garbage cans are placed there ahead of time and clean up is required afterwards. one situation to consider is the passibility of a reoccurring rental. Hansen 46 Park & Recreation Commission ~~~~2aas Page 4 stated the need to justify costs for cleanup, operating expenses, energy and annual maintenance. There is a fine basis for implementing a rental fee. Motion by Fuss, Second by ~oium, to table the park rental fee until the next meeting for staff recommendations. ~Jpon vote: all ayes, motion carried. E. Review Event wa on Rental fees be innin 2009 windschitl indicated that the. VFw donated the initial funds for the purchase of the lei hborhood Event wa on and the items inside were passed on from the Recreation g g Department when not being used by programs. It includes tables, chairs, a water cooler and equipment for recreational games and activities. Residents of Columbia Heights can reserve the wagon for fee and it is delivered and picked up by the Recreation Department. Evans recommends a minimum of a $25 fee for the Hvent wagon with rising gas costs regardless of who is using the wagon. ~windschitl is aware of a similar wagon in the city of Lion Lakes and would like to research their policy far a recommendation at the next meeting. He indicated keeping it affordable for the community while recouping staff and maintenance costs. Members indicated support for covering costs of gas and staff hours for transportation. Stroik suggested separate fees for non-profit versus other renters. Motion by Foss, Second by Mc~onaid, to table the park rental fee until the nest meeting for staff recon~naendations. ~Jpon vote: Foss ~ aye, Greenhaigh aye, ~aiu~n ~ aye, McDonald -aye, Wayne -aye, Stroik -~ aye, Evans -~ nay; 6 ayes,l nay, motion carried. RFP~RTS Recreation Director windschitl indicated that the May 28, 2008 meeting would be canceled due to having a meeting on Nlay 7, 2008. The Recreation Department offices will relocate to City Hall during the week before Labor Day while the wood floor in the main hall is being refinished. The department purchases the product and a contractor is hired to buff the floor and refinish it twice, Public works DirectorlCi En ineer Hansen updated the Can~mission on the condition of the LaBelle Park boardwalk. Sketches and financial option updates will be presented at the next meeting. The . retaining wall will be finished within a week and then the trail will be paved. Two aerator fountains have been installed at LaBelle Park and one fountain at the Huset Pond to treat the water for odor. An informal neighborhood meeting needs to be scheduled for Ramsdell Parkin June or July. This would be an input meeting for park improvements. Hansen slated that he was at the parks on the original scheduled park cleanup day and that it was good that it was canceled because the parks were very wet after all of the rain, ~7 Park & Recreation Commission S171Z008 Page 5 Much of the areas that the Commission would have been cleaning were the slopes along the onds. 1=Jansen asked for alternative dates to reschedule the cleanup. Wednesday, p t~ May 2$ at 5:30 was agreed upon as the new Park & Recreation Commission park cleanup date. Cam~nission Members Foss asked about the final report from the Honeywell study. Windschitl replied that the final walk through would be held tomorrow. Ike discussed preliminary options with the Ci Manager. l ;vans indicated that there has been a discussion of problems with the roof " T • • r ^ ~ ~ on JPM ever since she has been on the comm~ss~on. W~ndschitl ~nd~cated that the HVAC e ui rr~ent is mostly all original from when the building was built back in the ~ ~34's, qP Peterson invited the Commission to the groundbreaking ceremony for the gym space with Columbia Heights School District on June 26' at 1~:0~ a.rn. Payne indicated how pleased he is with the ballfield lighting at Prestemon Park. ADJt~[JRI~NIENT Eileen Evans ad journed the meeting at 7:5D p.~n. Deanna Saefke, Recreation Clerk Typist t 48 To: C1uef.Scott Nadeau From: Acting Captain Lenny Austin Subject: Overtime Transfer Date: 07/01/2008 . i~ne rewi~u~u~e~~~lt rece~~ed f~a~ A.p~il ~0, ~U~B t~rau~~ ~u~ ~, 2~~~. T'~is is ,~~tach~~. ~~ ~ l~s~ ~f ~e a~e~ ` ou~e franc outside sauraes ~~~~ ~.as been pa~~ ~a ~~~~] for ser~ice~ of cur ~er~an.~.el. Tease re~t~es~ a ~c rsfer of these fur~.~s ~a our a~e~ime accQUU.~. ~~i u~hr~~ ~nvax~e ~ Dade A~~uunt ~Q~S~Q~~ a~la~12~~8 $~~~.~~ ~UD~~~ ~ ~ 3 ~ ~fif ~5l~~~S ~ ~~ ~~~,~~ ~a~~u~b~~ ~e~ its S~haa-~ ~is~~ric~ .~.c~~vi~es inun~ce # ~~~~ ~,mnunt ~a08WaQf ~4lZ ll~pp8 $ 4~d.~~ ~aos~aa~ a~l~~t~aQS ~ ~a~.~o 2Qd8-Qa9 05l271Zaa~ ~~~U.90 ~ao~a~ ~ ofilD~iZaoB $2~~.~5 2oQS~o~~ o~l~~lZOa~ ~z~~.~o Ta~a~ ~~.aup~ ~u'~e ~ra~s~'e~'red ~r~~a a~coun~: ~S,G4~.47 50 ~ /~h ~i ~~3 ~G INV ICE Columba Heights Police Department Date: N~~a~. Z~, 2aQ8 ~n~r~~ae #, 2aQ~~0a~ ~us~~~er ~a~.e; ~o~~n~ia ~e~g~.~s ~3~g~ ~c~aa~ ,~tt~' ~ett~ T~o~~s ~.~~ess t ~ 4aa 49~~ A~ ~ ~~.~~~. ~Iexg~,ts, ~N ~~4~~ e ~~one: '~or~. P~aa:~a: ~a~ Est fors ~-~ffa~ox Re~r~ ~o~~c~ [~ffc~rs fox: ~~s~et~a ~~~~s 4~l a ~ I ~a~S 1 ~aa-~ ~ 4~ ~3,'~5 ~~~ ~f~ cer ~a~so~. a~IQ212a4~ 445~~ ~Da ~~.ZS ~ax~~ ~p~. ~one~~ee~ a2lq~{~~a8 ~9aa-~5 ~~.~~ ~xs~ ~~. ~a~eee~~ a2la~la~S ~ S~a~213a ~3.~ hr~~ ~:~~cer ~vr~s a~Ix~l~a08 9aD-~~ l~ ~2.~5 ~s} C~. ~o~es~ee 1J~~"i''~aa~ ~~tl~""~~ ~.! ~~r~~ ~w7~ ~~~~er ~4i~~a~7 a2~~ ~l~~US 9aa-~ ~ ~ a ~2, 5 ~~~ off ~~~/~r 3u~b~r Q~~~~I ~a~S ~ 8 5 ~~ ~ 3 ~ ~~.25 ~xs} ~ff~~er Dietz o~f~~~~ao~ ~~aow~~~a ~~.so ~~~ ~f~~~er ~Qr~~ ~u~~~r of ~~f cers: ~ ~au~s: ~~.~ ~au~s Zaa~ ~~ ~ is ~5~.6'D ~~ haur ,~' ~' ~'ot~ ~~e: ~~.~~~.~~ bake checks ~ayalale to the City o~Cvlt~rnbia ~ei~hts ~'le~se mail paym~r~t to: City of Columbia He~gl~t~ Police Department, SSA Mi115~reet NE, Columbia l~ei~ts, iV~J 554~I ~f"~aer s an ~~~, ~ ~ ~~ +:. off ~~~. 5~ o~ ~, INVOICE Columbia Heights Police Department Date: Mazch 28, 2008 Invoice #: 200&007 a~~" '`~~' ~ ~ ~ oc~ . ~ustam.er ~"a~.a: ~n~.~~~ndeut ~c~aal ~~~~ct ~ ~.t~l~: ~~na~~ce ~ep~. N~w.Iw~~M+1~w11M ~r4~n.rryMrrwl~~ 1 ~~d~~s~~ ~~~~ ~9~` ,~v ~ ~c~u~.~~a ~e~ ~.~~, ~ 5~4~ ~ ,A,~te~rnaou ~~~aa~ ~~cu~r~~ ~~~a~~-~'~brua~, ~~~5 ~~gu~~~ ~a~r: .~~`ace ~~'~c~r ~'oiic~ ~~`~ce~rs ~'~x: ~cha~~ ~~~ai~ ~'e~k ~~`~~. 4~8 ~ dad ~ ~ .5 ~r~. ~ ~T ~.a.~e $81,~a ~U'ee~ ~-~~`e~. ~ -~ 4 ~ ~~,~ ~ ~ .5 ors ~ ~~ ~.a.~~ $~ 1.9~ ~'~~k ~~~~b. 2~~~~ 3 c~.y~ ~ .5 ors ~ t~~ ~.a~~ $24~,"lQ ~u~nb~r' a~ ~f~c~rs; 5 ~au~rs: 7.~ ~ ... ~~~8 Y~"~~-e i~ ~~:~~~ ~u~ T+a~al True; $4a~,~~ Mee checkx pa~ra~le to tie City of Columbia Heists Please mail payment to: City of Columbia heights Police De~art~meat, S59 Mill Street NIw, Columbia ~eigl~ts, iv1N 542 i Officer(s) on Duty: Amount Received: ~~~~1~~: ~a~e; .:_,. 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' 1 .ti r • 1 1 . /~ /~ i ~ , '•'~1 {~L.l { hrri r :~~ T1r~E ,j, . r ' • i.l .jr r M/ ~ 1I tt rSV '+; I~; r~~ • 4 . i~" ~ r, ' ,~''• ; ~.,~ ;• . ' r C~~Y QF C~Lt~MBI~A ~E=GHTE ~ , . f~rr~T'~"(~'~j n q ~~ i P1rJ,l.~}.h 41:1 ~ilEF ~r~~ 4•r tr r•r4r1 •. Orr •Ir/'.•. Irwr r~rr rr •1 lrr .1, rr r'I~r .r~r~l„ 1 •r . ~ r ~ s r . w'r r r r r "•; r , i• i r r 'S i r r• rr Ir r•r•r•r, r~•~r~ +•• 1'r• rr w.r+ ~•.••• ~•~I~' S : rrr ~1= • r .. X59 MI~aL STET NE ,•'. •rr rr r 1 ., rrtr •t •r5r err :r ~. /r r, ,•r .•, ~.'r~lr. r•.rrS •" 4 err S i•i~r,~iir •. ~r .~r~l.l.•i ~.L .. ' ~~?L~~A HE~~H~'S ~ M~ 55~~ 1 =.=::• Irr ti ,~ , r , 1./~«'r 11rr rf r r r• ~. rwrr i"t r•r r it r •ir. iri rrir :ry •rlr• rr rr~r rr ~., .r1 ~J : ~,. ' f ' r 1 • . ~,. r .. ~ • _ '~ ~ k ./ ~~ c ~~~" r; Q g ~ 2 ~ q ~ ~ ~ ~ ~ '~ 2 ~ D C C~ ~ G 3 ~~~ ~~~~ T . 1 53 ~ , ~ ~ ~~e~~ a~~~-~- INVOICE Columbia Heights Police Department P~~ ~~ / /a q~ !0~ ~d ~~te: A ~1 ~+~ ~UU~ ~nva~~e #: ~4~~~~~8 ~~st~~.er ~a~ne: Unique T~h~r~~t Ad.daress: ~~~1 ~7~` Aire. ~ ~+~~urnbia ~ei~~s~ N~ 5~4~ ~ ~30~~ P~a~e; ~. ~.~est ~'or: ~ ~~Jf~.ce~ ~o~~c~ a~ce~~ ~v~: ~~cu~~~y ~3I~1~~08 ~~~~-~5~~ ~~ ~x~.) ~p~. Ban~stee~ D31~4f~~~8 ~~~M~~~~ ~41~s.~ C~~'~ce~ ~i~.t~nga~e 03~08~~~0$ ~~ ~ 5~ ~-1 S ~4 h~~.) C~~'~ce~ N~~~~,gale ~~~bcr ~~ ~3~`~ces: 3 ~3~u~s: ~ ....~... .~ 1,2DD8 ~'+~ e ~s ~5~4,~'D~~~ ~d~r '~a~a~ l~ue: $~aa.~a ~~ a~eaks payable tv tie City o~'Cvlumbia eights Please iii payrner~t t~: City ai~ Columbia Heights Police Department, S~~ Nuii Street ~, Columbia ~~i~ts, MN ~54zi ~~ic~~ ~ a~. ~u~w ~~~~~: ~~ A~~~~~ Rece~~re~: gate: ~~ ~oo.~a .ao ~aa.~o ill . u o.3~4 a,o l 1 , ~. ~ : 4 C P~ ~~~ ~N 4 ~rPSYJ 1 {~ ~ ~ ,~ •1.fj r rL ~' rM K f •4.~~ ~ , •4 't'ai. Cw r"1' ,; ~'~ r~,~ -•y ~i ~' ~~y.~~.. ~ H Nr ~ 'rc.~ t'7° try" 5 t''~ ~ ~~ ~ ?rl t 1 lr ~11 .~",x r u i ~r 7 h~ ~~+ rV rr~» r ~.'J{ ' M ~I," AV Yyp~V~'(~'~f~IJ~} ri ~+ s~ y~ ~.r~~,y~y~,~ ~1i"; 11~1~L~ U ~i -,.4 ~1i ~y 1.r~ ntR u a + f '~ l~mb.~ H~~. 1tS ~~~' T~ W~aL . ~' a a . ~ Q ~~~c~: oa~~~o a~lo~~a~ ~rt~ ~~ ~~ ~ ~~~~~~~~ ... .... .. .... .... .,..y.., .1'. .. i • ,A~QGEF R~~~~I, LLB ~ Aliian~e Gantt 3~~4 Cer~tervitte Read ~ 4 S~.~Paui, Minnesota t~,ittta Canada, MN ~5 ~ ~ 7 ~•~ 2~ ~g ~ 9 ~ '~ {~51} 773-~4?7 ~ .,. ~, ~ S z~ ~~R~D ~QLZ~Ra ~ ~ 0 C~N`~:'S ~ a Ql~T~ AM~E~~T ~ ~~/~z f o8 *~*~*~*6Qa.60* • ~~.~ ~f C~.umbi~. ~eig~ts RAY ~ `~ T~~ Fo~.ice ~~~ar~m~nt ~ ~. ~~R ~~~ Mill ~tre~t~ ~ QF: .~.,.~~1um~i~ ~ei~~t ~ ~N' S 54 ~ ~. • 4 h {~ ~I~D~~6~~a~~ ~~~~ ~ RD ~ ~ ~ 5~~~0~ 5~ ~ ~ 6~~~t~ ~N.. t N. s.. R I. r. .v . . fw! ~.~1..~ ~~..., ~ V .a • . .... . ~ •'r' .r'u'rana Y v~.tfr'i'7' c.a' 7 ~ ~ . c ~~ • ~~- r.~vozcE ~ D ~ Columbia Heights Police Department ~~ S ~~ ~~ Date• Apri126, 2008 Invoice #: 2008-009 Customer Name: Independent School District 13 Attn: k'inance Dept. Address: 1440 49~ Av NE Columbia Heigl~~s, MN 55421 .~t~r~aoa~ Sch~a ~~~~r~ty ~~ta~~-~arcb, ~~a8 r: ~. ~'a~~c~ ~f.~c~~ P~~i~~ ~~"~~erS ~`or: ~chaa~ ~ta~i ''~~~ Nlar~~ 3~~' S ~~~~ ~ ~.~ ~xs ~ ~T ra~c $4~~.5~ ~~~~ ~ ~ar~h ~ 0- ~ ~ ~ d~~s ~ ~ .5 ~s ~ ~'~ r~~e $1 ~~ . Sa ~e~~ 4 ~~~ ~4-~~ ~ ~a~~ ~ ~.5 hrs ~ ~~' ra,~e ~~~~~~a .~.~ ~c~~.bcr of ~~f~cer~: ~ I~a~rs: ~~.5 ~ . ~~S ~a e ~s ~5~. ~~ ~~ 1~o~c~ ~`~t~l t3u~ ~ ~'9aa.~4~ ~ ~ ~ Mike check p~ya~,le to ~e Clty ~~C~lumlala Hein , please mall payment to: City a~Cal~mbia Heig~t~ Police Depar~mc~t, ~S~ Mal! Street Nl~, ~~~~~~~~ He~~ts, MN ~542~ ~~ ~,~~~ ~~~~~~~C~~ ~~~~'~ ,.~ 5i~ YI• ~ F III I.V rM rN W4' ~wY~M~~W~ M+~~V~~V 41 ti/~Y~~ Y~ M VZ~M~ 1 , .. pr, I ~tF~~{r11~I f~ \ .. 1 (f~f /l~"~ + • r ~N ~ 1, N~ r .• ~• ~ ~ , ..~..'•i, ~ f• ". ~~~~~11 ,'~~~1 ~ 1 , ' .17! V... f. .. ~ 1:" .1r . ~ y~';,i iTr(';,rri."+~".J . •, i ~,y(}+``~{[~~~J{~]•!~'•~~•U•(~~}~, 'Ci~~:r y1~~~r~~ .f7. ~:I•Z~, •','~.~`~I~IIi.Y~1~7~N"~1~~{•.;'+f'fr-,y~~tr'•~'' . ~.OI\1M/M~w1~• ~ ~1~• . ~ f {1 M•'i 1 1 I.I~L .~I~I ;. • . , ; 111 l , f'. \ , r . ~~~~ ~ ~a~$ ~~Q . ~a n Z ~ 't ;} ~~ ~ l~ 1 a"~ri 3 r r ~";7~ ~R Ey '~y ~q It4 ~~{ 1 ~~~r ~ ~ ~~ ~ ~ ~\~ ur 1 N ~} ~ U5/ • ~ ~ ~`~, ayx~' }y y~ Gr1r.•~t~ ~ tr ~Y ~ ~M g k++!"f Y i~~ r"M ~q01 w~~7Wi~~ ~~ 7 ~ ~4~rj11lV ~(i~l! T 11I~~W ~{4F F1~+~{7~ p~~~ Ta. cxTY o~ c~LVr~~~l xE~~xTS RA~~ • ~aa > ~a PDLTCE ~EF.ARTMENT 5 a ~ MALL STEIEET ~E CaLt~~A HE~~HTS~ NON 5a~2~1 r w. .. M ..~ n A ~ Q ~ ~ i i ° ~ ~ `1'I w ~ p ~F ° 1. ~ •1 * t ~ I 1 ~ I (~ {~ ~ ~ i ~ ~~ • ~M MGM /'~ INa~~~~dE~T` ~CH~~J~. ~ ~. f/EE ~r~y , , { CHE~~ Q~T ~H~V~ NQ. ' ~4ocw~~1 H A~IE~~E N.~. ~~31~jrd S~r~e# N~r#hw~~t ~{~~,UM~fA H~IG~"i"a, MINN~S~YA a~~21 ;• • ~s#Gr~~d arks MN 56?~'~ ~S~~~Y~aB ~ ~ ~ ~ ~ •• ' .: . , . 1lC~I~AFTFF~ ~8Q Qi~YS ~~~~***~a~ ~©~.~.ars PAY. ~~ cents ~HE~K ~~~3UNT • ~C1 T~~ ~~a~~ 0~. Sao , ~a . • . . . . ;, r . ' ~ ., ' C'~TY 0~' C4LUMB~.A S~E~GH~'S ' .A.TTN. Pfi~~,~CE DEPART II ' .,;,ti, ,:.,,,,1 f\",;.ti/^.,1;.,\, .1"r:\•~•+1./\•/~.• ,;.~,• ,,;,:,; • li"r"/~i~il,l.r: Iri / \~\Z\ Yr~\»"~\~. Ir •\\1 V\~1~.~1`/~\'r "r~rw 55 MALL STk,EET NE ':;~:~.,:~;1~.•~ " 1 \ :,,;, •:.,,:...; r 1 Y /' N . ("~ ~j 'f ~ r /~~ ~VL~ ~ rL4L1.i. tiixTS ~ ~ ~ ~'S ~ ~ \ \ .r i \ M/w ~r~"~•N rl ~\ ~r~ ~ 1 l Il~t 1 M\..i ••. Y I /"!" IIf" \\/I \r ~ . . . l ~ Iii , ~ ~ ~ ~w/ .~rt SIN ~~~ ~ ~ ~ ^ ~ M~I ~ ~ ~ ^ ~ M/ ~ ~ MV HIV ~ Mf ~ ~ .1~ I~~ i " ~ INVUICE Columbia Heights Police Departnnent ~a~e ~ ~ Cu~~a~er Name: ~~~~~~~~ ~~~t~ k~~~~ C~~~~ ~.~; ~e~ ~'h~~a~ ~~.~ess. ~~~4 49~ ~.~e ~ C~~~u~b~a ~~~g~~~, ~ ~ S42 ~ ~~r: ~ C~~~c~ P~~~C~ ~~"ice~~ f~~: 2~4~ Pr~~ Req~.~~~ U~1~f~4~~ ~~~~ ~s.~~~~~ Y~r~. ~~~~~ ~.au~s} ~ffiCer ~ub~~ SILLXNG IIVFORMAT.ION Number of Officers: 1. Hours: 4.25 ~~ ~~ ~ lS' ~s~.~o ~~ ~ou~ ~~~~.~ ~~e: ~~~.a ~Q ~' ~ lake checks payable to the City of Columbia Heights i'iease mail payment to. City of Cclumb~a ~e~gh~s l~clice Department, 5~~ Mill Suet Nlr, Columbia Heights, Nl~ 5~~~1 ~~C~~ S ~~ ~u~y; ~f~~u~: ~~ 1~.©~~t ~~cei~r~d. ~a~~: ~s ~. ~ CI'I'Y OF CCJ~UMB'~A J'~IGI~'S 05{~~~aa ~~1351~~ ~~T~~ ~~i~i~NT pA~~ TC~: CzT~ aF co~u~s~.~ xE~~xTS P~~~ ~~~ "05 Pt~LT~ DEPARTMENT 55 ~ MILL STREET ~ . ~ C~~~E~ REI~HTSr MN 5~Q2~, ~ ~ p ~~ ~ ~ ~ wQ p •j ~ ~ ~ w • ~~ ~" ~ ~ ~~~ 1 + ~~ry~ ~ M~ ~ ~ ~i r 1 ..... l r. 1 1 ..rwr.www r A ' .. ~ ~. ~~~a"4~T~ ,A~I~I~U~ ~I~M' ' `~ 1 ~Q~ Tt1~C{~ ~~r~8~ NQt~I~WBS~ CM~CK d~1T~ ~~E~K,N~. ~; ~~' f r' '' '` • ~ ~'' ;:r~ ~C~~.UM~IA ~iEI~HTS; I~~NNESaTA 5v42~ ' . . ~ ~a~t brand forks, ~N ~67'~~ ~ ~'4 ~ , * ~ ~~~D ~~~~ `~$Q QAYa :~ ~,~ SAY;' ~ *~~~~ Lv~,~.arS ~5 Cents . ~ , , ~" C~EG~ A~C?UNT ~'~' ~ ,~ ~ • i. 1 , 1 , f , ~ / ~ r 1 1 ~ ~ i J. 1 ~ 1 r~"~1~ ~~ww lI~1lR ' 1F++~lt^~~ ~/~}!Y~""+ ~ •I "i. ~.A T~i.. 4~1 1~R~.~.1 R VI' t 11'; i ~ ' a~~1 "~ "~ (~ T ~~J F~ a M~ ' r ~r / ~~• ~r:le. .,. :~:1 r ~ .• ,r 1, '~ ~.,ryt~,~ •~~ .. CITY DF COLUMBIA HEIG~'S . A,T'~.'~: POLICE AP~PARTMENT R•'•'s'• ,., , .• . ; ~ . ..r,.,... 1"r, r, r, r, ., •,; • :,:,.,: • : , S~Sr«I«~9151'G/i" " Ily" ~r' / /~•~r~l~.~"~f~l~l~l~ e S r r r r ~ , ' ~ S59 MILL STREET ~ ~ 1 / r , ~ : lr,• r 'ffrhlrl.'. b , SI'. :«. ~~ . r=rl / ~r •~ ~ '. 11 11' rl'ftl~+r•rl"•'"~/~S•1 w . ~ f .r Ir ~ . , r ~ ~y~•Iy~~~11, TT ~''1 ]*~y~ ~~'11 ~~1 1 '? 4VJ~.A~fi.~ ~E ~~~Tta ~ 55~~~ / ~ ~ r / l l r"1 ,1 .1~f.1 1 ~r +, rl"r Y f1•x 1~ ". ' //+ ~*,~;IN if,r« r 1 ~ Ir r.. "lyl~/ / 'fwl. . ~ r rr r r w S~//lf~fr/" rl~l rN/.~ f/fr/11 rl.+rr / //r/"r ,r"1• ref "1 rr.1~ Mf 11 ~f .I~r ;f/ , r r . ~ •, 1•• r i ~ ~ . 1 ' ~ ~ . M . r . . r/ r 1 1 ~ •1 '. .~Sr ~ , , frlY lr•r tl tifi r/r"ri .fi r ~i~ ~ ~ ~ ~ ~ ~ ~~~ ~ R ~ ~ ~ ~^ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .I.r ~M ~ ~ IN~M ~ ~ ~~~ 1 1 r' 5V ~,,~: •. S~c ~, +~~r, ;:. ~,~f: ~Jri~~~ ~~ ~ "~~ra1l, ~1f}y., , ^~ r ;iir.~~~. ac ~~rf;tl;~ r,V/ ^'r ~~~~ '~~w~~~~y,,~~.ry ~~71: . ~J • ~'~i : , r ~1Ii ~1' ~ ~~~~~ ~ ~' ~ ~ ~ ts ~'o~c~ ~~e~ar~.~e~t ~ ~~~~ ~ ~u~~~ ~ .~ ~~::. , • . . a ' ~'~ :.,,t', .~:~r~. ~M:~T:'it': ~• ~"rte w;~~.:~ -.,; . w;;. . u~5~~~ar; ' ;. J ~' ~~,~i;r ;;.: ~ ~ :ti ~,S~,,y >r s~~ ::,'• ~ i '~.t .'' M^ hti ! ; ~ y. . y :.~,~:;~f:~~..,.~ :' .tti ;~::at~:: ;'~ .:i : "try .t'~. M1 awl ~~~ ~~re~~ Gass ~~' ~~~r ~~ , y , . V V~ ~ P 1 .. i= ~•~ ~~.. Y , , ~ J~ ~r~bra~er ~.C M~~~~ssr ' ~~ ~~.d~e~x N.f~ 55 C :_~ ;. rA, :~:~:.: I~.~ro~~~ #: ~~I~3I~~ V' zoos-oi~ ~~r~ ~ha~.+~: ~o~.e ~ha~.~. pa~~.c~e Uf~~ers far: Senor ,~~1 ~~ght ~ar~' ~e ~.est far. ~~~ ~. yy _ ;'ley !~ , r~ ASP„ ~~~Ill 1 N ~a er1" ~f ~' " ~ ~d I I ~ M . ~ Iji;r ~ ~~ r ~ ~ ~ ~ t3 r~ ~ ~ F 1 f r ~ ~~ i ~r~[-i ~ . ~~r (R r ~ ~ r ~ , ~ ~C F ~ ~ ~+ ~ Y ~ ~ ~ ~ I r ~ ~ r tn~n~~~4~~ iuui ~x mt4w"ii tl ! FLIP "{. t di dl':V .r~ rzsmkwnE rM~i.' ; ~ h 4 1~1 t~.~~a~N~,a~~w~~ ~ $ his ~T rake $ ~3.~U ~ Service ~~cer; ~ ~3~~r} ~ , N~~ber ~~ ~aaa~ ~,' ~Da8 ~~~~ ~~ ~ ~ Amo~•n.~ ~.cee~ve . ~a~ ch~~ks pa~b1~ t~ t~~ c~~y o~~olu~~~~~e~g~s ~l ~ ~n~t tn; Gity v~ Columbia Heights ~vlice ~~partmc~tr ~5~9 ~i~ ~~ree~ ~'dF, Cn~wmbia ~eig~ats, NON 552 ~ 'lease me ~ ~ ~.~ C~~~ Duty: ~~.eer~s} ~~ ~ ~. ~ate~ 60 i w~ ' ~ r . r i 1 ~ ~~l~l~~~ ~IE~'~~'~~ ~9 ~~2~ ~# ~~~ i~fi~ ~1 ~~# ~ ~~f~~l~~i~~ SJ~7 ~J ~WSJ~ ~~~~Ni~~ ~~~~1~~T~ ~ i~~n~~. ~~~~~ C~-~1~. ~~~~~ ~~~~'Y ~~~.a `r~ ~~~d~~~~ ~~~~~ ~~ ~ ~~~ ir~4~~ v r ~~ ~~~~ ~~~~~ ~ ~l~V ~ ~~~ ~~Y'. 6 ~°°° ~ ~ IN'VCIICE Columbia Heights Palice Department Date: June 12, 200$ Invoice #: Customer Name: Unique Thrift ~~ c ~ ..,; r ,~d~xess~ 22D1 ~'~~` ,Are N~ ~ol~xn~~a ~el~~ts, ~" ~ 542 ~~~~~~ 2008-0113 ne~ ~"orl~ P~:a~e: 7~3~'~88~525D dame ~~a ~ecu~x~t~ ~leta~ ~ A~~ ~ Mai 2~D8 e ue~t far q : . Clf~~e~r~~h~~"t ~~l~ee ~~f~icers far. Sec~x~ty ~y '~q ei rw rx~w~y ~ ~':~ ~ ~~ ts~ w ~ x~r: K1 i i ~" y~i r . ~~~ ]~'.~s"'£5$~j~"p ~w ~ta ~n ~ ~ . a ~~ nx ~~:~{~ s R"""'~~c~~~~~~~ I ~i' S ~~. t(~'~ r s 7 a. i r - '~~ { &~ ) ~~rr ~ ~ ~~~ ~ ~.t ti~~ ~ ~ ~ ~ w ~~ ~ r , ,~ . 7 ~ ~ quFa~ R i , i ~~ ~ ra~i "~InxrN I!M urar'S7T.~Ni r . r,, i ~~~i+ku'C~It'I~1' ~ r r nn:m -s a= ~' ~ {~ i"~ ~fs~f. ~ ~ rw ~ ~' ~V ~~ ~ ~~ ~ Y I , N kr IWtrr7SA D4IQSIDB Y r r~kxvr 43 ~JnittMrx k're " ~, ale ~~g~ ~ . 12~0~ 1 ~QD 4 l~s ~ ~T rate $ 2 x D,24 ~41~21D8 htl~ ale ~g ~ ~ 235 53 5 3 ors ~ t~T rate ~ 5'~.~8 D41151D8 ht~. ale I~~B ~ ~3D5~~~'~5 4 l~rs ~ ~T rate $ 20.24 D412~108 ~ ~ ale N ~ ~ ~ ~ ~ D~ ~ 44D ~ , 5 ~s ~ ~T gate ~ 78.84 ~412~108 tip ale ~~~ ~ ~10~ 7~4D , 5 ~~ ~ ~T rate $ "8,84 051nd108 ~l ~tl~. ale 8 ~ 1215 ~ ~ 5 , 4 ors ~ ~T rate $ 210,24 ~ 51 ~ Df 0$ ale ~~gh ~ 3~5•~~35 ~ ~r~ ~ ~T rate ~ , ~5'~.~$ 051'108 Nl ~t~ ale g g X345-~ ~' 1 S ~ ~.5 ~ ~ ~T rate $ 8~,~~ ~512G108 • ~~ t~.~ale D9DD- ~ ~ DD 4 bars 1're~.. rate $ ~ 2~~.~0 ~512~ID8 ~' ~tl~ ale ~8 ~ 13D~-~'0D 4 ~r~ ~a Prem., rate 2~~,~D B~,~LING INFORMATION ember of ~:~cer~: l 0 Taal aT k~ours: 24.5 $128'x.72 Total rem, ~r~ 8 53.20 rf/~fy~f]/'~~ ~~ ~ is ~5r~„~~' e~ ~Q~~ Total ~~.e: ~1$2~,~2 ~~~5 ,~~~m ~r~m ~a~e is ~~7. ~~ ~ae~ ~a~~ Mahe c1~eels~ payable to ~~ Cx~y a~ C~I~mbla Hai~hts ~leaae rnal~ payment ta: ~~ty o~~elu~bi~ Hel~~s Falxce ~~partment, 559 MiI1 ~tree~ NE, ~oluu~ab~ ~eip~s, MN 55~2~ F4R DEPARTMENTAL USE ONLY Officer(s) on Duty: ,A~.o~~~ ~.ece~~re~~ o~~~: date: 62 Retail. LLC COMMENT ~~~~~~ ~~~~ n~~G~~ ~~ ~~~~ ~, ~ ~ ~. ~~ ~ ~,;, ~ ~ ~~5 ~ ~ ~~~~'~ r E, ~r ~~~~ l~y~ ~ ~~ r~d.! ~..r ~ r ~ W ,w~ V ~ ~ V V f ~ ~ 1 ~ ~~ .i. ~ ~ 1~/ ~~J~df~l~~..t~~~1 i r. .. r.f ..rry.M wf .. wr. ~.. . ~.... .~ ~ . . .aMwMtifr w~w...H.xx..•.Y~•/w f~MwM+.n rwJ •xw.M+x+w.ff ww.w.Hr ww .wv.' I •J+r ~.wrrw . • , f } 1 ` ,~ , L .AP'~G~~ R~t~i~, LLB 340 Cen~erviiie Read ~-iliance ankp , .. ~ i ~6r P~UIr M~~F ~~~701~~ • 1 i ~.it~ie ~ar~~da, MN X51 ~7 '~-~~~-9~9 ~~5 ~ ~ 77~-877 .~ ~ E ~ Q~ ~~~~~f~~ ~ ~ ~~~ :~~ a r. a ,~ Ci~~' of Cv~rum~ai~ ~ei~hts ~ ,~ . ~ ~ . 1C~, U~~~~ ~ ~ ~ l~i~. ~. ~tr~e~r ~ . ~ ` '~" Q ~~M Cvlu~~.c~ ~e~gh~~ ~ ~~~~~ ~ « ~ 3 f ~i~~~9~~a~~~ ~~QR ~~D ~ ~ ~ ~~~~C~a5~ ~ Z 6~~~~~ .. ar. ~.. ...+r.~~~ .fNrr•'r••~f rw wfr.w.ww.rrr.nr....r.......rrnrr..w.«.+~«v......,...-.wd..~..r.s..+~w.~w.w.w~ .. I..wM w ..wrn w • n. rM ~f r. lr.r rl. .r wFr. •rr...+w.r .. • .x ... ~4...w ... .n. w.~.w.f •1 W.. ati' . x Jwlr+.wyl•"'LAw+.•wxwNy•xwrwyhr af"••Mw'r.r.r~.nMW •..JAt+rn..r•M rfr4af•WxNw~• r .rNNWr + . i i a r ~~ ~~et1~~ of Jul ~.~, ~~0$ A~FNDA ~~~T~C~N» consent ~ C~R~~~'~.'`~G D~t'A~"~~T GIT~' ~AC~~. ~~. ~~L~~~ Agp~.~vA~.: an fe~r of funds £ra~ general fund to ~ol~ce B~: ~catt Nadeau.~''~ ~~: :l~N~. Tr s ~ - ~ d et Uver~me ~I~e # ~ ~~a DATA July l y ~a a 8 ~ DATA. Dept ~aD~ Bu g ----.- BAC~.~l~.~3~ Dunn the apt ear, the Palice Dep~rnent has had a ~.e~.be~ of our depar~nent in the ~ p ~' .. .~a~al~en~ne ~ Dru Task Farce ~TF~. The DTF ~~ partially funded by a Federal ~xa~a~ ad~€n~stered ~ ~ b the State of ~~nnesata. Fax of this grant ~s far part~ai re~.buxsen~ent of ~vertzrne ~ncurxed ~y the Y DTF of~.cers. Far the secend uartez of ~~~~, we have received a checl~ fxnm .Anoka Caun~r ~. the q an~,ou~~ of $~,2q~ as partla~ rein~bursen~ent fax the avertx.~ue of our DTI ~f~.cer. ANA,I~"~~~SICCIN~LUS~~N Since the ~ve~i~.e dollars used to participate in t~s pra~a~ sere ~.tially ~~.d aut efour ~4~8 Malice Bud et and because accQrdin to the Finance Director, the funds received fr~~. the Mate to reFa~ this ~ ~ ~ e~ enditu~re ~e in~tiall considered revenue, ~.e~r must be placed. ~r~ the general Fund. The ~el~ce p Y De went ~ re uestin~ that the fura.ds received fra~n Ana~a ~ount~', $1,2~~, be moved bacl~ Ito our ~ ~ Za~8 Foice Department Budget line #~4~a ~3v~erti~ne, frarn the general Fund. + ~~~!~~~~Il NI~-TI~~: love to ~au,sfer $ ~,2aQ, the amount of n~o~:ey received from ,~naka ~aunt~ as paxtia~ ~rex~bursernent far 4vertirne warded b oux ~nen~ber in the ~nokal~e~.epin Drub Taal Foree, far ~.e ~r~t quarter of ~ . ~~~$ fern the general Fund to the Police Depar~ent ~QDB Budget line #1 D~a ~vertxm.e. l~ao ~s~90 64 . Y .~'~~, N~N~S~D~'~ 5543 ~ ~ ... ~.. .. .. , ~,, ~ ,. ... ~ . , . .. . . .. ~ ed'Da~lars And 4q C~n~s~~'~'~~~~~'~~'~'~~~~~~~~'~~~ ...: , . , . , • . . Ta ~M ~R~~R ~~ . ~ '~~7"1C ~DF G~~UM~~A ~E~~HT~ ' ~ . ~ ...~ .. ~ : ~ .. . ~ .:. ~ ~ , ~ . .s • , . . . .. , W~~•LS ~AR~a ~AH~ M~~~1~5{}7"A 111,Aw ~1.7~Af (V1~~~1~~~"A ~ , ~~~ ~~~ ~D'~ ~~~~ ~~~~ ~aOD~ ~q~~ ~JC1 ~~~~'9 ~D~~i~ .~ A~~~ A~1tl~~ DATA ~~~J1~N~~~ CH~G~ ND. ~ ~8~U7~ ,..~ .. ANDKA GQUNTIC R~~~T'T y •~r/ry:~~-.r.f."44``•Ti.,. ~ ......... . -: r ~-Jry. ,~}}...... /].~y( [/~yj~{w Il ~~wy( i}~ {dry( 7 R ~y R / w~M~~~~ ~ 1 ~K~~'~~V ~~~ V~ 1 ~ ~I'"11 iiJ ~1 i~~ 1 t i~~~i/ • r r r r ~,oa ~ ~ 7 ~• 4 ~ /~ ~ /r ~ A 1 ~ ^ ~ t ~ ~ ~' ~ 1 1'a p 7 (~ ~ ~ r ~ ~ r j~ y„ P :~ w 4 f r.~r ~~ 1{, ti~ r . •jf.. ~ ~ ~ti=5 ~ i ~ ~ v: S r + ~ ~ • .~ t.~• tr ~ ~ x , ~ it ~, ~~w~~r~~..I ~ ~ 1. coo . 3 ~4 a-o l Tt~TAL ~ ~.,.,;.,w..aS~.C; n; r~o'.v.•.vv::r,.;~,~,~tiyr~H.~Srrw.~:.;:h'~'':,•r.~! 'rl rrrt;:4:'~ w ti'~r 'u'.r , {.~r+~j ~v;:r5'.}'$i:• w ~ti i•i. 4~ +'~.G'.ti';•P ~.5'~,1~.~!~~~;y N~.tia ?' :4 '~i'Nk'i'`.~'~.`r'4~,. ~i~•drr`~, 4..•.. ~" 07~19W ~J CITY CGUNCIL LETTER Meeting of: July 14, Zoos AGENDA SECTI(]N: N~: URIGTNATING DEPT.: Recreation CITY MANAGER APPRD,~AL ITEM: Honeywell presentation on HVAC recommendations for John P. Nlurzyn Hall N~: BACKGI~4Jt1Ni~ BY: R.eith windschitl Recre''ati~'n Director .~J i iTE R / ~/'~ V BY: Last November staff contacted Honeywell to conduct an Energy Retrofit Study for Nlurzyn Hall. Honeywell was selected to perform this study due to their vast knowledge and experience with Murzyn Hall and the many successful ears in working with them. Honeywell has completed the mechanical, ventilation, building y :mans ement system, envelope, and electrical evaluation in addition to analyzing the cost to operate the facility. g Cost estimates have been .prepared for the project in order to start implementation in the very near future. Timin is im ortant due to some equipment failure since the study began. g p Murzyn Hall is a beautiful building with continuous activity that requires consistent functionality. ~Jnfortunatel ,the majority of mechanical components related to heating and cooling are well beyond their y functional life. The building has some moisture damage from interior and exterior penetration and this will only et worse if short-term fixes are applied. There is a direct relationship between the project components and the g life extension of this city asset. Hone well Ener Services is a State approved ESCC~ Energy Service Company}. They are a supplier agnostic y gy rou serving public entities to enable comprehensive solutions for facilities and infrastructure. Their job is to g P deliver cash flow neutral projects that achieve goals and meet state energy reduction guidelines. Murzyn Hall is - a Ca-authored project developed with input from city employees and numerous hours of surveying and engineering. R-~C4~iVI1~EN~~D Nl~]TI[]~I: Move to authorize the Mayor and City Manager to enter into an agreement with Hone well indicating the City of Columbia Heights intent to proceed to the next stage of the Murzyn Hall y renovation project. ADM[Nlhoneywell ~~ City of Columbia Heights 590 40~ Avenue N.~. Columbia Heights, MN 5542 To. Uvalter Fehst and Bill l~lrite Gentlemen, This is a letter of confirmation that a reduction of $~5,4~~ per year to the current Honeywell service agreement for Mur~yn Hall will take placewhen implementation of the current energy services project is complete. This will bring the current service cast for Murzyn Hall from $2,40? to $E,4gT on an annual basis. fiver the next ~ 5 years inflation can be a factor to this cost. The building retrofit that includes building automation and new HVAC equipment will warrant this . reduction. If I can be of more assistance please feel free to call Jim Werket or myself concerning these proposals. 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Meeting of: 7/4/2048 AGENDA SECTION: CONSENT TI'ENI: ESTABLISH A PUBLIC HEARING To CONSIDER AN ALLEY LIGHT BASED UPON A PETITION RECEIVEI] ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: Kevin Hansen BY: ~~ DATE: 719108 DATE: Background: Staff is re uestin the City Council establish a Public Hearing date for formal consideration of assessing an q g alley light to benefited properties, as re,~ue~ted by etition. The ro osed li ht is located in the alley between Reservoir Boulevard and Circle Terrace Boulevard, south pp g of 41~t Avenue. The etition is for ane, l00 watt HPS light to be installed on an existing pole behind 4420 p Reservoir Blvd. Reference attached map. There will be four arcels in the assessment. All four property owners signed the petition in favor of p installing the light. Recommended Moon: 1V~ove to establish Monday, duly 28, 240$ at 7:04 p.m. as a Public Hearing for consideration of an alley light behind 4420 Reservoir Blvd. KH:cb Attachments: Map Petition COUNCIL ACT~oN: 87 ~ ~ p~~ '~ ;,~ _ T~} V'""""/ ~ W y ~' ` Y ~ lV1~MIf :~ a ~ °~ w ~ ~ ~ •~~ ~ ~ Q-J~ UU 4~ ~" ' ~~ `r ~8 ~~ ~~w ~MM y:~ ',~~ J ~ ~.'.~ rM(/7 i'ii ~ U ~. ~ _m J ~ ~~ d" ~' ~' "~ W W J ~ N ~ o ~ ~ ~ ~ ~ ~~, --.,-,....~.--..T--..,~ ~y 4 ~~yy~~ W ; V/ ,~ ~~ Q Wp a _ ©~, Q~ N~ m~ ~ fl ~W ~~ ~~ W z -~ ,~ aw d¢ ~ ~ ~ ~ ~ ~~ ~~ ~,r ~~ 3 J '1 r ~ ~ N ~'1 d' ~ d' ~ 0 ~ M ~ a ~. O 6Z£ L p~ ~o~n`b ~ `~ £Z£6 szs~ a~~ ~O ~~O b0~ ey~4 ~dr OZ£ L o ~ J~ ry `b ~ o O` ~p`4 p s ~MNMr ~"~ O Ory ^^ ^ N~~~p O` OHO ~ ~ b ~NryNry~rypo` ~ R p`ODb ~^ M .~ ~~ ^ ti ~~ 09ry"~ y~ nM~yO n ~ ~~ ~^ti~n~~• ~~z~ ~ ^`L~ ,~ 1`L26 6ZZ4 ~'''', 1220 6 6Z 6 2 1 12,i14 5626 ~O ~ ~~~ 0 0 r ^.1~OI M ~~ PETITYON T L~~AT~4N: Behind ~D2o Rese~~voir~Ivd ALLBY L~~~ of ~a~um~bia heights to assess far. one ~Ge~ EnergY we the unders~ ed pet~t~on the C~t~ ~ounc~I ~ d in the aie an the pale behind ~~~~ -watt ~n'S street ~~ht. The ~ght will be instable Y D~ ~ will autornatzcall be added to tlae Blvd. we understand that the cost of the l~~h Y Res~rvo~r er month or $3.4D per prope~Y per utili statement, The ourrent cost is $ ~ .~o per pr'ope~ p t"Y cost will increase with increases ~n the elect~•ic rate. quarter. This DO I~30T INSTALL INSTALL NAME AD_ LIGHT LIGHT M1 ;. ~;. ,~ 1 r ~~ CITY CUUNCIL LETTER Meeting of Jul~,~14,~„~2008 AGENDA SECTION: CONSENT GRIGINATING DEPARTII~NT: CITY Fire MANAGER Np; APPRC]VAL ITEM: R.F,ISSU~ RENTAL BY: Gary Gorman BY: LICENSE Np: DATE: July S, 2~oS BATE: The matter of the revocation of the license to operate a rental units} within the City of Columbia Heights against the property located at I~14-16 Cheery Lane N.E, for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RF,CG~TMENDED MaTION: Move to issue arental-housing license to Peter Say to operate the rental property located at I2I4-12I6 Cheery Lane N.E, in that the provisions of the residential maintenance code have been complied with. 90 CITY COtTNCIL LETTER Meeting of Ju~4~,a$ AGENDA SECTION: CONSENT ORIGINATING DFPART112FNT: Fire NO: ITFNI: REISSUE RENTAL BY: Gary Gorman NO: LICENSE DATE : July 8, 2008 CITY MANAGER APPRU~'.A.L BY: BATE: The matter of the revocation of the license to operate a rental units} within the City of Columbia ~Ieights against the property located at 5~3 38~~ Avenue N.E. for failure to nneet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue arental-housing license to Peter Say to o erate the rental roe located at 5d3 38~~ Avenue N.F. in that the provisions of the p p P ~y residential raintenance code have been complied with. 9~ CITY CD~TNCIL LETTER Meeting of: July 14, 2008 AGENDA SECTION: No: ITEM: License Agenda NO: (]RIGINATTNG DEPT.: License Department BY: Shelley Hanson DATE: duly I0, 2008 CITY iVIANAGER APPRC'~AL DATE: DY: .. BAClK~R4]UN1DlANA~YS~S Attached is the business license agenda for the July l4, Z008 City Council meeting. This agenda consists of applications far Contractor licenses for 2008, and a License for an LP Dispensing Device. At the tap 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. R~C~NCN~NDE~ NI[~TI~~": Move to approve the items as listed on the business license agenda for July 14, 2008 as presented. 9~ ~ro Cxzy CovNCL July~l~, X008 *Signed''~aiver Form Accompanied Application 2D4S BUSINESS LICENSE AGENDA CI]NTIIACT[]RS LICENSES Bldg Joe's Plumbing lnc. *Doody Mechanical Alpha Mechanical vortex Plumbing lnc. *~rn. Ridler Plumb & Ftg Cichy"s ~ & S St. Paul Utilities Mark Nord Masonry N1N "Tree Service 23375 Drake St N'~, St Francis 520 Front Ave, St Paul ~ 5167 F illmore St, dam Lake 3030 Centerville Rd, Little Canada 29p8 Harriet Ave So, Mpls 5520 N~ Ambassador Blvd, St Francis l90 Ryan Ln, Little Canada 3968 Jackson St NF, Col, Bts. 7SZ7 Dl~ver Ave N. Brk Pk ~JEL I~ISPENSINI~ BEVg~E Fire *Silk lnc. 4001 University Ave N~ Dba Food n Fuel $60 $60 $60 $60 $60 $60 $60 $60 $60 $50 93 CITY CAF CaLUMB~A I~EIGHTS FINANCE DEPARTMENT COUNCIL MEETING DF: Jul 14 2448 . STATE OF M[F~NESC3TA COUNTY aF ANUI~A CITY CAF COLUMBIA I~:EIGHTS Lion to a rove a meet of bills out of the roper funds, as lined in the attached Mo pp p y ~ check register covering Check Number IZd365 through 124617 in the amount of $ 5 285 342.52 These checks have been examined and found to be legal charges against the CITY aF COLUMBIA IIE~G~TS, and are herby, recommended for payment. 94 H U ~ '~ ~a ~ ~ H~ * ~ ~~ ~ ~ ~ ~ D ~ ~ ~~ ~ ~ H '~ ~` a ' ~ * ~ ~ ~ ~ ~ p© ~ ~ U~ U ~ ~ '~ i w~~ ~ '~ ~ ~ H a Ur! °~~ ~ * ~ ~ ~ ~ Haa ~ HC'7U' ~*~a~~~ ~, ~ v ~ ~ ~ • ~~~~~~ ~ ~ * ~ '~ '~ H E N H H ~ a ~ a~a~~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ a ..l U.l-1.i~ U U U~U ~-1 ~U ~ ~ ~ ~ HHHH~ " U ,~ ~ ~ ~~ ~ ~ ~ m ~ N H H ~ x * ~~~~~ ~ ~ ~ ~ ~ U ~ ~ ~"~~"a~ © N ~ ~ ,~ ~ ~ ~ ~ W u ~ oooo~ ~ ~ ~ ~ ~ ~ c- ~ •,~ "~ w ~uvuu~ ~ . r + r r r r r ~ r . r r 7r ~ T "T" T 'F . r . . r . r r . ~ r r . , r ~ o ' y T r . r ~ f ~ry w y y y ~y y ~ ~e T 'T ~ * T r •~ r r r r p av W~ ~„ ~ ,~ ~ .~ ..~ r r r rr ~., u o ..u ~~ ~© ~ .y~ ~ .. 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E ©vvC]rirlN~~~`s-•!d~©~~cyrnE~ddav©E~'~!1'~p(VCOC1DQf1CQQOCDt7€7 D ~+,© W w I r1NNNNNNNNNt'rf~'~di~'N'Wd{'~HtC11C}tpu3tD~f}~7~t`~C~C~f1W0~Cq[Ao0 ~ G4 Wi ~E I ~E W E M v ~W ~~ ~~ HW x~ W ~~ H ~~ a~ pv U~ w~a~ pvv ~~ ~v~n HUU U ~~ W~ H ~~ ~~ ~v ~„ aa~ ~G ~ H U~ a ~v H\ ~ ~~ ~ ~` ~ © A~ Et N N ~ ~ ~ W ~ N N W d' '~' ~ m M ~ . ~ p~ OC1 cq C!a N N H A ~ ~ W z U U t~ U x U ",~ t ",~ ~ [ al v CITY COUNCIL LETTER __ AGENDA SECTION: OTI-IER ORDINANCES AND RESOLUTIONS NO. ITEM.: RESOLUTION A~wARDING TI3F SALE OF $14,4a4,Q4D IN GENERAL OBLIGATION PUBLIC SAFETY CENTER BLINDS, SERIES 24o8B MEETING OF: JULY I4, 2448 ORIGINATING DEPT: CITY FINANCE MANAGER APPROVAL BY: wILL IAM ELRITE BY: d DATE: JULY 8, 2008 ' the Ci Council ado ted Ordinance 154I authorizing the sale of bonds. The second Previously ~ P " of this ordinance was held an April 14, 2448. The sale of the bonds is scheduled for reading Jul 14, 2an8. The attached resolution authorizes and awards this sale. Y e meetin of Jul I4, 2448 the City Bond Counsel will distribute a copy of the resolution At th g ~' ~ les results at with the final amounts filled in. The Bond Counsel wlll also prov~Ide the detailed sa " ttached is a draft of the resolution that will be presented for adoption at the that meeting. A meeting. MMENDED MOTION: Move to waive the reading of Resolution 2D48~IGQ, there being R~.ECO . ample copies available to the public. ENDED MOTION: 1Vlave to adopt Resolution 2448-1~4 being a resolution awarding RECOMM the sale of $14 444,444 in General obligation Pubic Safety Center Bonds, Series 2048B. 7 wE: sms OSD70$ZCQUNCIL Attachment ~ o~ CITY ~lF C(]LUMBIA HEIGHTS, N.Q~NNES(lTA RES[~LUTIClN N[l. zoos-~~o RES[]L1UTI4N A'W'ARDING THE SALE GF $ GENERAL GDLIGATI[~N PUDLIC SAI'ETY CENTER BANDS, SERIES z04g8, F~~G THEIR F~IRVI AND SPECI:FICATI[INS; DIRECTING THEEIR E~ECiTIGN AND DELTVER.Y; AND PRIIVIDING FC]R THEIR PANT' BE IT RESOLVED B the City Council the "Council"} of the City of Columbia Y Heights, Anoka County, N~innesata the "City"}, as follows: Section 1. Rem 1.Q1. The Ci is authorized by the Charter of the City of Columbia Heights the tY "Charter" to issue its general obligation bonds for, among other things, the purchase or erection } needful ublic buildin s within the City. The City therefore intends to issue its general of p g . , obli anon bonds ursuant to the Charter to finance a new public safety center for the City s g p police and fire departments the "Project"}. 1,p2. on N~arch 24, 24Q8 the Council conducted a first reading of an ordinance thorizin the Cit to issue its eneral obligation bonds in the maximum principal amount of au g y g a~ $11,SO0,OQ0 to finance the Project the ordnance }. i.o3, on A ril 14, 24aS, the Council conducted a second reading of the ordinance and p ado ted the ordinance, subject to referendum as described ~n the Charter. p 1.a4. The Ordinance was published at least once in the City's official newspaper. The Clerk did not receive a etitian signed by the requisite amount of registered voters in the Czty p efined ecified time frame to re wire a referendum on the issuance of the Bonds ~here~nafter d } sp q under the Charter. x.05. At its June 23, 2Qa8 meeting, the Council authorized the reduction of the principal amount of the Bonds to $IO,ODQ,000, with the intent to issue future additional obligations to f Hance the Project. Section 2. Sale of Bonds. 2.4 ~ . Award to Purchaser. The proposal of the "Purchaser"} to urchase the Ci 's $~O,OO4,000 General obligation Public Safety Center Bonds, Series p ~' 2048E the "Bonds" described in the Tez7ms of Proposal thereof ~s found and determined to be a ~ } arable offer and is acce ted, the proposal being to purchase the Bonds at a price of real p lus accrued interest to date of delivery, for Bonds bearing interest as follows: $ P 2 ~ a6 Year 201I 2012 2013 204 20 ~ 5 2016 zo~~ ZOIB 2D19 2020 Zo21 2022 2423 True Interest cost: Interest Rate Year 2024 2025 2oz~ 202 2ozs 202 zo3o 2031 2032 2033 2034 2035 2034 Interest Rate Purchase Contract. The sum of $ being the amount proposed by the 2.42, Section chaser in excess of $ shall be credited to the Construction Fund under ............... Pur 4.DI hereof. The Ci Manager is directed to deposit the good faith check of the Purc aser on Ci endin com letion of the sale and delivery of the Bonds, and to return the behalf of the ty p g p checks of the unsuccessful proposers forthwith. Terms and Princi al Amounts of the Bonds. The City will forthwith issue the 2.03. rat to the Charier in the total rincipal amount of $ ,originally dated Bonds pursua x p , in the 2008, the Bonds bung ~n fully registered form and zssued as of " ' n of 5 004 or an irate al multiple thereof, numbered Na. R-1 and upward, bearing denom~nat~o $ , y ~' , ' rest as above set forth, and maturing serially an February 1 ~n the years and amounts as ante follows. 3 X07 Year Amount Year Amount 2011 $ 2024 ~ 2012 2025 2013 2026 2014 2~2~ 2015 2~2g 2016 2029 2017 2030 2018 2031 2019 2032 2020 2033 2021 2034 2p22 2035 2023 2036 {A~ a tianal Redem Lion. The City may elect on February ~, 2018, and on any date 2.0 1 . ww... ~ N re a Bonds due on or after February 1, 2019. Redemption may lie ~n whole or in thereafter to p p y ' in art at the o Lion of the City and in such manner as the City will determine. If less part and ~f p p ds of a maturi are called for redemption, the City will notify DTC has defined in than all Ban tY reo of the articular amount of such maturity to be prepaid. DTC will determine Section 7 he f} p ount of each artici ant's interest in such maturity to be redeemed and each by lot the am p p ' " ill then select b lot the beneficial ownership interests in such maturity to be part~c~pant w Y redeemed. Prepayments will be at a price of par plus accrued interest. Section 3. Form; Re is~trat on. Re istered Form. The Bonds will be issuable only in fully registered form. The 3'01' a able ' thereon and u on surrender of each Bond, the principal amount thereof will be p y interest p b check or draft issued by the Registrar described herein. Y .02. Dates" Interest Pa meet Dates, Each Bond will be dated as of the last interest 3 recedin the date of authentication to which interest on the Bond has been paid or payment date p g 'fable for a rraent unless ~i} the date of authentication is an interest payment date to made a~a~ P Y ~ • Bond will be which interest has been paid ar made a~railable for payment, ~n which case the f the date of authentication, or iii} the date of authentication is prior to the first interest dated as o date in which case the Bond will be dated as of the date of original issue. The interest payment ds swill be' a able on Februar 1 and August 1 in each year, cornrnencing February 1, on the Bon p y Y istered owners of record as of the close of business on the fifteenth day of the 2009, to the reg immediate) receding month, whether or not that day is a business day. Yp e istration. The Ci will a oint a bond registrar, transfer agent, authenticating 3.03. R tY Pp a ent the "Re istrar"' . The effect of registration and the rights and duties of agent and payzng g ( g } the City and the Registrar with respect thereto areas follows: 4 cos a Re ister. The Re istrar will keep at its principal corporate trust office a bond ~ ~ ~_" g of re ister in which the Registrar will provide for the registration of ownership g Bonds and the re istration of transfers and exchanges of Bends entitled to be g registered, transferred ar exchanged. Transfer of Bands. Upon surrender far transfer of any Bond duly endorsed by the ~~ re istered owner thereof or accompanied by a written instrument of transfer, rn g form satisfacto to the Registrar, duly executed by the registered owner thereof rY orb an attarne duly authorized by the registered owner in writing, the Registrar y y . 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 maturi as re uested by the transferor. The Registrar may, however, close the ~' ~ ~ nth books for reg~strat~on of any transfer after the fifteenth day of the mo recedin each interest payment date and until that interest payment date. p g c Fxchan e of Bonds. ~Nhenever any Bonds are surrendered by the registered ~ ~ owner far exchange the Registrar will authenticate and deliver one or more new Bonds of a like a egate principal amount and maturity as requested by the g~' registered owner's attorney in writing. d Cancellation. All Bonds surrendered upon a transfer ar exchange will be ~~ ~ _ he rom tl cancelled by the Registrar and thereafter disposed of directly by t p py City. e ~m ro er or Unauthorized Transfer. when any Bond is presented to the Registrar ^ • r . for transfer, the Re istrar may refuse to transfer the same until ~t ~s satisfied that g the endorsement .on such Bond or separate instrument of transfer is valid and enuine and that the re uested transfer is legally authorized. The Registrar will g • r . ~ ~ ~ incur no l~ab~l~ for the refusal, ~n good faith, to make transfers which it, in its tY judgment, deems improper or unauthorized. Persons Deemed C}wners. The City and the Registrar may treat the person in ~~ f ~ ~ . whose name an Bond is at any time registered ~n the bond register as the Y absolute owner of such Bond, whether such Bond is overdue or not, for the u ose of receiving payment of, or on account of, the principal of and interest on p~ such Bond and far all other purposes, and all .such payments so made to any such re istered owner or u on the owner's order will be valid and effectual to satisfy g p ms to be and discharge the liability upon the Bond to the extent of the sum or su . par . Taxes Pees and Char ~~ es. The Registrar may impose a charge upon the owner ~g~ . thereof for eve transfer or exchange of Bonds, sufficient to reimburse the ry Re istrar for an tax, fee or other governmental charge req~.ired to be, paid with g Y respect to such transferor exchange. 5 1D9 utilated Lost stolen or Destro ed Bonds. In case any Bond becarnes mutilated ~h} M ount or destro ed, stolen or lost, the Registrar will deliver a new Bond of like am , Y number maturi date and tenor in exchange and substitution for and upon '~ ~ ~ ~ ~ • . cancellation of an such mutilated Bond or ~n lieu of and ~n substrtut~on for any y such Bond destro ed, stolen or lost, upon the payment of the reasonable expenses Y nd char es of the Re istrar in connection therewith; and, in the case of a Bond a g g destro ed stolen or lost, upon filing with the Registrar of evidence satisfactory to Y it that such Bond was destro ed, stolen or lost, and of the ownership thereof, and y form u on furnishing to the Registrar an appropriate bond or ~ndemn~ty ~n i p substance and amount satisfactory to it, in which both the City and the Registrar will be named as obli ees. All Bonds so surrendered to the Registrar will be g cancelled b it and evidence of such cancellation must be given to the City. If the Y mutilated destro ed, stolen or lost Bond has already matured or been called for a y redem Lion in accordance with its terms it will not be necessary to issue a new p Bond prior to payment. ' Redem Lion. In the event any of the Bonds are called far redemption, notice ~~} istrar b thereof identifying the Bonds to be redeemed will be given by the Reg y mailin a co of the redemption notice by first class mail ~pvstage prepaid} to g Py the re istered owner of each Band to be redeemed at the address shown on the g e istration books ke t b the Registrar and by publishing the notice if required rg p Y b law. Failure to five notice by publication ar by mail to any registered owner, y g• • ' in s for the or an defect therein, will not affect the val~d~ty of the proceed g , Y redem Lion of Bonds. Bonds so called for redemption will cease to bear interest p after the s ecified redem Lion date, provided that the funds for the redemption are p p on deposit with the place of payment at that time. ointment of Initial Re istrar. The City appoints U.S. Bank National 3.0~. A . sociation St. Paul Minnesota, as the initial Registrar. The Mayor and the City Manager are As e Re istrar. U on authorized to execute and delver, on behalf of the City, a contract with th g P nsolidation of the Re istrar with another corporation, if the resulting corporation is a merger or co g m an authorized b law to conduct such business, the resulting corporation will bank or gust co p y y thorized to act as successor Registrar. The City agrees to pay the reasonable and customary be au Re istrar for the services erformed. The City reserves the right to remove the charges of the g p ~ hich Re istrar u on 30 days' notice and upon the appointment of a successor Registrar, ~n w g p he redecessor Re istrar will deliver the bond register to the successor Registrar. (Jn or event t p g rind al or interest due date, without further order of this City Council, the City before each p p desi ee wi11 transmit to the Registrar moneys sufficient for the payment of all Manager or a gn principal and interest then due. xecution Authentication and Deliver . The Bonds will be prepared under the 3.05. E ' Ci Mana er and will be executed on behalf of the City by the signatures of the d~rect~on of the .ty g the Ci Mana er, rovided that all signatures may be printed, engraved or Mayor and tY g p whose ' hed facsimiles of the on finals. If an officer whose signature or a facs~m~le of l~thograp g ears on the Bonds will cease to be such officer before the delivery of any Bond, that signature app 6 ~~o ' facsimile will nevertheless be valid and sufficient for all purposes, the same as if the signature or d remained in office until delivery. Notwithstanding such execution, no Bond will be officer ha ' ' ata for an a ose or entitled to any security ar benefit under this Resolution valid or obl~g rY y p rp '1 a certificate of authentication on a Bond has been duly executed by the manual unless and unto ' e of an authorized re resentative of the Registrar. Certificates of authentication on s~gnatur p ' ds need not be si ed b the same representative. The executed certificate of different Bon ~ y ' n each Band will be conclusive evidence that it has been authenticated and authent~cat~on o ' this Resolution. when the Bonds have been so prepared, executed and delivered under f authenticated the Ci Manager will deliver the same to the Purchaser thereof upon payment o ' ~ ted and the the urchase rice in accordance with the contract of sale heretofore made and execu , p p Purchaser will not be obligated to see to the appl~cat~on of the purchase pace. 46. Tem orar Bonds. The City may elect to deliver in lieu of printed definitive 3. ar more ewritten tem orary Bonds in substantially the farm set forth ~n Bonds one tS'p p Sin le Section ~.D7 with such changes as maybe necessary to reflect more than one maturity ~n a g . U on the execution and delivery of definitive Bonds the temporary Bonds will temporary bond p be exchanged therefor and cancelled. Form of Bonds. The Bonds will be printed or typewritten in substantially the 3.D7. following form; U~NfTED STATES GF AMER.ICA ~ No. R STATE ~F N1CINNESOT C4U~NTY CF ANGR.A CITY ~F CQLUMBA HEIGFITS GENERAL GBLIGATIC~N PUBLIC SAFETY CENTER BGNDS, SERIES 2DD8B Date of Rate Maturi Date Ori inag,~. l~Issue C t February I , 20 ~ VDU $ Registered owner: Cede & Co. of Columbia Hei hts, Minnesota, a duly organized and existing home rule The City g . ~~ „ ' and olitical subdivision located in Anoka County, Nl~nnesota the Crty }, charter city p itself to be indebted and for value received hereby promises to pay to the acknowledges tend owner s ecified above or registered assigns, the principal amount of $ on reg~s p e date hereof at the annual rate the rnaturi date specified above, with interest thereon from th ~ Februa 1 ~DD9 s ecified above, payable February 1 and August 1 ~n each year, commencing rY p ose name. this Bond is re istered at the close of business on the fifteenth day to the person ~n wh g 7 11~ not a business da of the immediately preceding month. The interest hereon and, whether or y} ntation and surrender hereof, the principal hereof are payable ~n lawful money of the upon prese of America b check or draft by U.S. Bank National Association, St. Paul, United States y Band Re istrar Authenticating Agent and Paying Agent, or its designated N1~nnesota, as g er the Resolution described herein. For the prompt and full payment of such successor and ` d interest as the same res ectively become due, the full faith and credit and taxing pr~nctpal an p ownrs of the City have been and are hereby irrevocably pledged. p i ma elect on Februa 1, 241 S, and on any date thereafter to prepay Bonds due The C ty y rY ebrua 1 2419, Redem Lion may be in whole or in part and if in part, at the option on or after F ~' p ' and in such manner as the City will determine. If less than all Bonds of a maturity are of the C qty em Lion the Ci will noti Depositary Trust Company ~"DTC"} of the particular called for red p tY fY such maturi to be re aid, DTC will determine by lot the amount of each amount of ty P P .. 'interest in such maturit to be redeemed and each participant will then select by lot part~c~pant s y e~cial ownershi interests in such maturity to be redeemed. Prepayments will be at a the ben p price of par plus accrued interest. The Ci Council has designated the issue of Bonds of which this Bond forms a part as ~ ,7 r Internal Revenue " ual~fied tax exem t obl~gat~ons w~thu~ the meaning of Sectzan 2~5~b}~3} of the ~ p f interest ex erase for financial Code of 198fi, as amended the "Code"} relatzng to disallowance o p ' 'tutions and within the $14 million limit allowed by the Cade for the calendar year of issue. ~nst~ nd is one of an issue in the aggregate principal amount of $ , all of This Bo ' "final date and tenor exce t as to number, maturity date, redemption privilege and interest like or~g ~ p . ` ursuant to a resolution adapted by the City Council on July 14, 2045 the rate, issued p ~~ '" for the u ose of roviding funds for the construction of a new public safety Resolution }, p rp p off ice and fire de arttnents within the City, as authorized by the Charter of the center for the p p bia lei hts the "Charter"}, pursuant to and in full conformity with the City of Colum g ~ ' e Charter and the laws of the State of Minnesota. The principal hereof and Constitution, th ' e a able from ad valorem taxes levied on all taxable property ~n the City, and interest herean ar p y the a meet thereof additional ad valorem taxes are required by law to be levied ~f necessary for p y on all taxable ra e in the City, which taxes are not subject to any limitation as to rate or p p '~ rat of r~ hts amount as set forth in the Resolution to which reference rs made for a full stateme g reb conferred. The Bonds of this series are issued only as fully registered Bonds and powers the y in denominations of $5,044 or any integral multiple thereof of single maturities. ided in the Resolution and subject to certain limitations set forth therein, this As prov ' arable a on the books of the City at the principal office of the Bond Registrar, by Bond is transf p " tered owner hereof in erson or by the owner's attorney duly authorized in writing upon the reg~s p ereof to ether with a written instrument of transfer satisfactory to the Bond Registrar, surrender h g b the re istered owner or the owner's attorney; and may also be surrendered in duly executed y g Ci far Bonds of other authorized denominations. Upon such transfer ar exchange the ty exchange ' ~ Band or Bonds to be issued in the name of the transferee or registered owner, of will cause a new e ate rind al amount, bearing interest at the same rate and maturing on the same the same aggr g p p 8 ~~~ ' i:mbursement for an tax, fee or governmental change required to be paid with date, subject to re Y respect to such transfer or exchanger ' d the Bond Re istrar ma deem and treat the person in whose Warne this Bond The C qty an g Y ' ed as the absolute owner hereof, whether this Bond is overdue or not, for the purpose is regzster " ' ent and for all other u ores, and neither the City nor the Bond Registrar will of receiving paym p ~ be affected by any notice to the contrary. flE:I~BY CERTIFIED, RECITED, C~~VENANTED AND AGREED that all acts, IT IS ' ` s re uired b the Charter and the Constitution and laws of the State of conditions and thing q Y ' e to exist to ha en and to be performed preliminary to and in the issuance of Minnesota to be don , N , pp ~ ~ with ' in order to make it a valid and binding general obligation of the City in accordance this Bond r been done do exist, have happened and have been performed as so required, and that its terms, ha Y e ~} ' r r r ' is Bond does not cause the indebtedness of the City to exceed any constitutional, the issuance of th statutory or charter limitation of indebtedness. ' is not valid or obli ato for any purpose or entitled to any security or benefit This Bond ~ rY d b nder the Resolution until the Certificate of Authentication hereon will have been execute y u the Bond Re istrar b manual signature of one of its authorized representatives. g ~' nF the Ci of Columbia Heights, Anvka County, Minnesota, by TN WITNESS WHERE tY . ' '~ as caused this Bond to be executed on its behalf by the facsimile or manual its City Council, h he he Ma or and the Ci Manager and has caused this Bond to be dated as of t signatures oft y t"Y date set faith below. Dated: CITY DF CaL~(.~NBIA HEIGHTS, NIII~S4TA facsimile facsimile City Manager Mayor CERTIFICATE 4F AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIQNAL ASSC~CIATIGN By , 9 ~~3 Authorized Representative ASSIGNMENT aloe received the undersigned hereby sells, assigns and transfers unto For v the within Bond and all rights thereunder, and abl constitute and a Dint attorney to transfer the does hereby ~rrevoc y pp substitution ' d on the books ke t for registration of the within Bond, with full power of said Bon p in the premise. Dated: ' The assi Dr's si nature to this assignment must correspond with Notice. gn g the name as it a ears upan the face of the within Bond in every pP particular, without alteration or any change whatever. Signature Guaranteed: ncial institution that is a member of the Securities S~gnature~s~ must be guaranteed by a fins ent Medallion Pro ram ~"STAMP"'~, the Stock Exchange Medallion Program Transfer Ag g Sp" or other he New York Stock Exchange, Inc. Medallion Signatures Program ~ M } ~ SEMP }, t . ~~ ' tee ra ram" as ma be determined by the Registrar in addition to, or in such signature guaran p g y n e Act of ' for STAMP SENIP or MSP, all in accordance with the Securities Excha g subst~tut~on , 1934, a~ amended. Re istrar will not effect transfer of this Bond unless the information The Bond g concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if the Bond is held by joint account} 10 X14 Please insert social security or other identifying number of assignee PROVS~ONS AS TO RBG~STRATIaN nershi of the rind al of and interest an the within Bond has been registered on The aw p p p the boobs of the Registrar in the name of the person last noted below. Signature of ' tration Re istered Owner Officer of the Registrar Date of Regis g Cede & Co. Federal D # 3-2555 ~ 9 e al O inion. The Ci N~anager will obtain a copy of the proposed approving 3.08. L tY ' ' Kenned ~ Graven Chartered, Minneapolis, Minnesota, as bond counsel, which legal op~n~on of y x ' fete exce t as to datin thereof and will cause the opinion to be printed on or will be comp p g accompany each Bond. Section 4. Security Payment, t Service Fund. The Bonds will be payable from the General Obligation Public 4.01. Deb ds Series 2008B Debt Service Fund the "Debt Service Fund"} hereby created, Safety Center Bon . Service roceeds of the ad valorem taxes here~nafrer levied are hereby pledged to the Debt " and the p ment of rind al or interest on the bonds becomes due when there is not sufficient Fund. If a pay p p ebt Service Fund to a the same, the City N~anager will pay such principal or money in the D p Y ' the eneral fund of the Ci ,and the general fund will be reimbursed far those interest from g tY . of the raceeds of the taxes levied by this Resolution, when collected. There is advances out p ' to the Debt Service Fund $ , representing capitalized interest financed Pram appropriated Bond proceeds. led e of Taxes. For the u ose of paying the principal of and interest on the 4.02. P p ~ . there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in Bonds, taxes of the i to be s read u on the tax rolls and collected with and as part of other general the C ty, p p ' be credited to the Debt Service Fund above provided and ~s in the years and City. The tax will amounts as follows year stated being year of collection}: y~ Lev, 11 X15 (See EXHIBIT B) ~ Service Covers e. ~ is determined that the estimated collection of the 4.D3. Deb ' ill roduce at least five ercent in excess of the amount needed to meet when due, foregoing taxes w p p " ' " terest a menu on the Bonds. The tax. levy herein provided will be irrepealable the pr~nc~pal and ~n p y ' nds are aid rovided that at the time the City :makes its annual tax levies the City until all of the Bo p ~ p 'the Debt er ma certi to the County Auditor of Anoka County the amount available ~n r , Manag y fy ' rind al and interest due during the ensuing year, and the County Auditor will Service Fund to pay p p hereu on reduce the lev collectible during such year by the amount so certified. t p Y e istration of Resolution. The City Manager is authorized and directed to file a 4.D4. R ' this Resolution with the County Auditor of Anoka County and to obtain the certified copy of certificate required by Minnesota Statutes, Section 475.63, Section 5, Authentication of Transcri t. Proceedin s and Records. The officers of the City are hereby authorized and S,DI. C~ are and furnish to the Purchaser and to the attorneys approving the Bonds, directed to prep ' roceedin s and records of the City relating to the Bonds and to the financial certified copes of p g be condition and affairs of the City, and such other certificates, affidavits and transcripts as may ' the facts within their knowledge ar as shown by the books and records ~n their required to show and such d under their control, relating to the validity and marketability of the Bonds " custody an ' eats includin an heretofore furnished, will be deemed representations of the City as to ~nstrum g y the facts stated therein. ification as to official Transcri t. The Mayor and the City Manager are hereby 5.D2, Cert ' ted to certi that the have examined the Official Statement prepared and authorized and dzrec fY y ' nection with the issuance and sale of the Bonds and that ~o the best of their circulated ~n con and belief the Official Statement is, as of the date thereof, a complete and accurate knowledge resentation of the facts and representations made therein as it relates to the City. rep ment of Costs of Issuance. The City authorizes the Purchaser to forward the 5.D3. Pa f Bond roceeds allocable to the payment of issuance expenses bother than amounts amount o p ed & Graven Chartered as Bond Counsel} to the Registrar on the closing date payable to R.enn y ~ . er distribution as directed by the City's financial adviser, Ehlers & Associates, Inc, for forth Section 6. Tax Covenants. ax~Exem t Bonds. The City covenants and agrees with the holders from time to 6.D1. T onds that it will not take or permit to be taken by any of its officers, employees or time of the B ich would cause the interest an the Bonds to become subject to taxation under agents any action wh venue Code of 1986, as amended the "Code"}, and the Treasury Regulations the Internal Re aced thereunder in effect at the time of such actions, and that it will take or cause its promulg em to ees or a ents to take, all affirmative action within its power that may be necessary officers, p y g de and a l~cable tD ensure that such interest will not become subaect to taxat~an under the Co pp 12 ~~6 ations as resents existin or as hereafter amended and made applicable to the Treasury Regal p y g Bonds. No Rebate Re aired. The City will comply with requirements necessary under the 6r02r ish and :maintain the exclusion from gross income of the interest on the Bonds Code to establ under Section 103 of the Code, including without limitation requirements relating to ~ternporary tments limitations on amounts invested at a yield greater than the yield on the periods for ~nves , e rebate of excess investment earnings to the United States, to the extent the Bonds Bonds, and th uali for an exem Lion from rebate under the Cade and related Treasury Regulations. da not q fy p t Private Activi Bonds. The City further covenants not to use the proceeds of 6.D3. No ~....w. to cause or er~nit them or any of them to be used, in such a manner as to cause the the Bonds or p ~ 50 of s to be " rivate activi bonds" within the meaning of Sections 103 and 14 through Bond p tY the Code. 4. ualified Tax-Exem t 4bli ations. 1n order to qualify the Bonds as "qualif ed tax- 6.0 . ' 'ons" within the meanin of Section 265~b}~3} of the Code, the City manes the exempt vbl~gat~ g following factual statements and representations: a the Bonds are not " rivate activity bonds" as defined in Section 141 of the ~} p Code; the Ci desi aces the Bonds as "qualified tax-exempt obligations" for ~} ~ tY ~ purposes of Section 265~b}~3} of the Code; c the reasonabl anticipated amount of tax-exempt obligations bother than ~} y ' ctivi ~ bonds that are not ualified 501~c}~3} bonds} which will be issued by the private a ty q ' all subordinate entities of the City} during calendar year 2005 will not exceed City €and $10,000,000; and d not more than $10,000,000 of obligations. issued by the City during calendar ~} . ear 2008 have been designated for purposes of Section 265~b}~3} of the Code. y .05. Procedural Re uirements. The City will use its best efforts to comply with any 6 oral re uirements which may apply in order to effectuate the designations made by federal proced q this section. Section 7. Boob-Bnt S stem' Limited ~bli anon of Ci . DTC. The Bonds will be initially issued in the form of a separate single 7.D1. ", ~ • ion 2.03 ewr~tten or anted full registered Bond for each of the matur~t~es set forth in Sect" • ~p ~ • • • y ~• "tend ~n the re ~strat~on hereof. U on in~t~al issuance, the ownership of each ~ Bond will be reg~s g p the Bond Re istrar in the name of Cede & Co., as nominee for The Depository books kept by g t Com an New York, New York, and its successors and assigns ~"DTC"}, except as Trus p y, 13 ~~7 ` `s section all of the outstanding Bonds will be registered in' the registration books provided ~n the , ke t b the Bond Registrar in the name of Cede & Co., as norr~inee of DTC. p Y artici ants. with res ect to Bonds registered in the registration books kept by the 7.02. P ~ p ' 'the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Bond Registrar ~n 'll have no res onsibili or obligation to any broker dealers, banks and other Paying Agent w~ p tY ' ' `Lions from tune to time for which DTC holds Bons as securities depositary the f nanc~al ~nst~tu `~ ' ` r to an other erson on behalf of which a Participant holds an interest in the Part~c~pants ~ o y p i the ' cludin but not limited to any responsibility or obligation with respect to ~ ~ r Bonds, ~n g records of DTC Cede & Co. or any Participant with respect to any ownership accuracy of the ' the Bonds ii the delivery to any Participant or any other person (other than a interest ~n , ~ } ner of Bonds as shown by the reg~strat~on books kept by the Registrar} of any registered ow notice with res ect to the Bonds, including any notice of redemption, or viii} the payment to any p ' ' other erson other than a registered owner of Bonds, of any amount with Participant or any p rind al of or interest on the Bonds. The City, the Registrar and the Paying Agent respect top p consider the erson in whose name each Band is registered in the registration nay treat and p ose of ks ke t b the Re istrar as the holder and absolute owner of such Bond for the pure . boo p y g nt of rind al and interest with respect to such Band, for the purpose of reg~sterzng payme p p es. The Pa in A ent will ay all transfers with respect to such Bonds, and far all other purpos y g g p ' f and interest on the Bonds only to or on the order of the respective registered owners, pr~nc~pal o ' istration books ke t b the Registrar, and all such payments will be valid and as shown ~n the reg p y Lis and dischar e the Ci "s obligations with respect to payment of principal effectual to fully sa fY g tY ' n the Bonds to the e~.tent of the sum or, sums so paid. No person other than a of or interest o ner of Bonds as shown in the registration books kept by the Registrar, will receive registered ow ~ b DTC to the a certificated Bond evidencing the obligation of this Resolution. ~1pon delivery y ' ~ ana er of a written notice to the effect that DTC has determined to substitute • a new City M g ` f Cede .& Co. the words "Cede ~& Co.," will refer to such new nominee of nominee ~n place o ~ of the TC• and u on recei t of such a notice, the City Manager will promptly deliver a copy D , p p same to the Registrar and Paying Agent. e resentation Letter. The City has heretofore executed and delivered to DTC a 7.03. R . suer Letter of Re resentations the "Representation Letter'"} which shall govern Blanket Is p rind al of and interest on the Bonds and notices with respect to the Bonds. Any payment of p p ' Re istrar subse uentl a ointed by the City with respect to the Bonds will Paying Agent or g q y pp all action necessa for all representations of the City in the Representation Letter agree to take ry ' ect to the Re istrar and Paying Agent, respectively, to be complied with at all times. with resp g fens Outside Boolf-Ent S stern. ~n the event the City, by resolution of the Trans 7'04. ial interests ' Council determines that it is in the best interests of the persons having bene~c City ' he Bands that the be able to obtain Bond certificates, the City will notify DTC, w ereupon ~n t y ' he Partici ants of the availability through DTC of Band certificates. ~n such DTC will notify t p ' will issue transfer and exchange Band certificates as requested by DTC and any event the City ' tend owners in accordance with the provisions of this Resolution. DTC »may other reg~s ` to discontinue rovidin its services with respect to the Bonds at any time by g~v~ng determine p g ' 't and dischar in its res onsibilities with respect thereto under applicable law. nonce to the Cz y g g p 14 ~~a event if no successor securities depository is appointed, the City will issue and the In such e istrar will authenticate Bvnd certificates ~n accordance with this resolution and the provisions Rg hereof will a 1 to the transfer, exchange and method of payment thereof. pP y 7.U5. Pa m~ents to Cede & Co. Notwithstanding any other provision of this Resolution to ntra so ion as a Bond is registered in the name of Cede & Co., as nominee of DTC, the co ry, g . is with res ect to rind al of and interest on the Bond and all notices with respect to the paymen p p p ' be made and iven res ectively in the manner provided in DTC's C3perational Bond will g ~ p Arrangements, as set forth in the Representation Letter. Section S. Continuin Disclosure. S.ol, Ci Com fiance with Provisions of Continuin Disclosure Certif cafe. The City versants and a reel that it will comply with and carry out all of the provisions of the hereby co g ' airs Disclosure Certificate. Notwithstanding any other provision of this Resolution, Cont~n g ' the Ci to com l with the Continuing Disclosure Certificate is not to be considered failure of ty p y event of default with res ect to the Bands; however, any Bondholder may take such actions as an p be necessa and a ro riate, including seeking mandate or specific perforrr~ance by court may ry pp P order, to cause the City to comply with its obligations under this section. S.a2. Execution of Continuin Disclosure Certificate, "Continuing Disclosure ' ":means that certain Continuing Disclosure Certif cafe executed by the Mayor and Certificate ' rand dated the date of issuance and delivery of the Bonds, as originally executed City Manage . and as it ma be amended from tune to time in accordance with the terms thereof. Y Lion 9. Defeasance. when all Bonds and all interest thereon have been discharged Sec ' in this Section all led es, covenants and other rights granted by this Resolution to the as provided ~ P g ~ R the of the Bonds will cease, exce t that the pledge of the full faith and credit of the City for holders p ce and t and full a ment of the rincipal of and interest on the Bonds will remain ~n full for promp p y p The Ci ma dischar e all Bonds which are due on any date by depositing with the effect. ty y g N , , ' n or before that date a sung suffident for the payment thereof ~n full. If any Bond should Registrar o not be aid when due it ma nevertheless be discharged by depositing with the Registrar a sum p ~ Y sufficient for the a ment thereof in full with interest accrued to the date of such deposit. py The remainder of this page is intentionally left blank.} l5 ~~9 The fore oin resolution was introduced by Member and seconded by g g Member __~. `The following voted ~n favor of the resolution. The following voted against: The following were absent: Adopted: July 14, 2UO$. ATTEST: N~ayor City Manager l~ 1 ~o STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS) ersi ned bein the dui ualifed and aging City Manager of the City of the and g g y q ' Minnesota do hereb certify that ~ have carefully compared the attached and Columba ~erghts, 7 y ' olution of a re ular meeting of the City Council held on Monday, July ~4, 2448, foregoing res g ' ' ' thereof on ~ le in m off ce and ~ further certify that the same is a full, true and with the or~g~nal y scri t therefrom insofar as the .same relates to the issuance and sale of the City's complete Iran p $ 4 440 444 General Obligation Public Safety Center Bonds, Series 24488. x hand as Ci Nlana er and the corporate seal of the City this day FITNESS My . tY g of , 240 8. City Manager City of Columbia ~Ieights, Minnesota (SEAL) S~I ~~~ STATE OF NiINNl~SC3TA COUNTY aF ANC3RA COUNTY AtJDITQR' S C~R.TIFICATE AS TD TAB I~E~IY AND R~G~STRAT~oN I the undersi ed Caun Auditor of Anoka County, Minnesota, hereby certify that a gn tY co of a resolution ado ted by the governing body of the City of Columbia Heights, cert~f ied py p to an Jul l 4 2008, le in taxes for the payrraent of $ ~ 0,000,00D General C3bligation N~~nneso , y ~ ~y g 'c Safet Center Bonds, Series 20D8B, of said municipality dated , 2008, has Publ~ y , pled in ~ office and said bonds have been entered on the register of obligations in my been f y office and that such tax has been levied as required by law. 'FITN'ESS M hand and official seal this day of , 2008. y County Auditor Anoka County, Minnesota (SEAL) $ Y Deputy S~2 ~ 22 E~~IT A Fit[IPC~SALS A- ~ z~ EXFID3IT B 1,~X IJ~IV Y SC~~ V .1.11Ci YEAR ~ TAB L:E"~Y ~ Yeas fax bevy cc~Zec~ed. B-1 X24 CI"~Y C~IIJNCIL I~~TT'~T~ AGENDA SECTION: OT~,R BUSINESS ORIGINATING DEPT: NCB: FIANCE ITEM: AUTHC~RILATIQN Ta SEER BIDS FC~R. BY: ~w. Fehst PUBLIC SAFETY CENTER DATE: July 14, 2008 N0: Meeting of: July 14, ZOOS CITY MANAGER APPRC~V BY: ~ ',~ DATE ~ac~graund: a 25 2008 - Presentation b Buetow and Associates -~ proposed Public Safety Facility Febru ry y March 24 2008 - the Ci Council authorized the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety Facility. '114 2008 -~ the Ci Council adopted Resolution 2008-b7, being a resolution establishing a Apra , tY Construction Fund for the Public Safety Building. June 9 and June 23, 2008 -~ Readings of Ordinance 1549 being a honing Amendment to rezone 825 - 41 st Avenue from R-4 to PG June 23 2008 -Authorized Public Safety Center Bond Issue for bonds to be sold in two issues, 10 million with an additional bond of $1.5 million, to make both issues bank qualified. one at $ Analysis: Biddin documents have been prepared by Buetow and Associates, Inc. and EDS with a request g 2 2008 to advertise for bids and make packets available on July 2 , ND~1) M~"~I4~N: Move to authorize EDS to advertise for bids for the Columbia RhC[~~ Heights Public Safety Center. X25 CW N C`7 CC7 'r ,}, ~ ~ `., ~ ~ ~ ~ ,~~L ~. +~ :; = a. b ~~ ~ ~ ~ ~ .~ ~ ~ . ~ ~ ~a ~~ .oho ~ ,~ ti; ~ ~ a~i ;~~~~ ''' ~ ~,, ~ ~, ~ ~ N p ~ .~ ~ ~ '~ ;~ ~ ;'. Z j 4~ . , :~ ~ .~rv ~ ~ ~ .~ ~ ~ .~;U ~~ ~.i~ Q ~~~ ,T n~~ ,_ .~ ~.» ~, ~~ '~~~ ~, :,r 'er; ~..i. 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'( ~ ~ i Y \\ R ~~~}}} ~ ~ ~ ,,~JJJ ~ ~ ~p ~ ~ Y ~ y a tl ~ ~~ ~~ ~ ~ a. ~ bQ ~ ~ Y ~ ~ ~ a • ~ ~ryr ~+ ~~Q I~i ~~ G as rt rf ~ d ~~ r' d d W N rl W n ~ q~ ~ ~ ~~ ~~ ~~ ~~ ,~,i, ~II 'lei ~. z °' ~~ ~` ~~ ..~ .,~ __ . __ c CITY C(]UNCIL ~]ETT~R AGI~NDA SECT~aN: Public Dearing No: QRIGINATTNG I~I~PT.: Community I~evelopme~ STEM: New Perspective Senior Living Tai BY: Scott Clark Abatement X3801 Dart Blvd.} DATE: July S, 2005 ins of: July 14, 2005 CITY MANAGER APPT~QVAL BY: • ' ' ficiall acted in the a er for a public hearing on July 14, 2005. Staff has not had Bac round. This item was of y p p p • ' ns with the develo er and as such the public hearing should be continued until July time to complete the negot~at~o p 28, 2008. om~uendat~on: Staff recon~naends continuing the public hearing until July 28, 2045. Rec Iteeo~mended Nlo~ioo. t 3 SO ~ Hart " e Published Jul 14, 2005 Abatement Public Dearing, far the prope~y located a Move to continue th y Boulevard, until the July 28, 2008 City Council meeting. ~ 27 City A~ Cvi~mb~~ Heights ~D(ticlal puhltcatlnn~ ~.5:.,. +T ti ~I ~~~_•. f~OT1C~ aF PtlBl,tC H~AR(NG `>~M:~. f~} ~:....~..,ww~_ ~ ~ .,;:~~..~~~:„ ..~ I,ICTtC~ 1S 1~trn~BY GIVEN that the City Councif of the City a(Cofumbfa e 9 s , . . the "Ctly") wltt hatd a pabflc hearing ~n • ""~""""~'" ~ ~~~ ~` Monday, ,tuly 1~, 20~~ at ar attar 7:00 p.m., 5$D 4i~th Avenue Northeast, to at Gity Halle, . of a nrtinn rantin an et~atement p canslder g g ~~~~~~~~-~ ~~ ~~~~~~rA"~'~(~~ at the City's share of taraperty tares ~th~ uAbatemerti°) to cannectfan with a senior i~lf~NESCI'TA ~TAT~ 4F ~ haasing d~htnnesota ~taiutas~ Setc~tfans scant to ~~. ~~~,~~~~ tt~raugh 4~9.~8#5, as amended. The fatal cumulativ a CaI~NTY OF Hf~NNI~I'~lN 3 cvl ~i e~ccsed ~~ ~ O~D Atratemer~t shall n Richard Hendrickson, being duly sworn on an The prop. f~ ~t~at~v ~~ i~ci ~ ~l ~~yii~~ ~ prapased oath, states ar affirms that he is the Chief Abatement is located at ~so~ Hari l=financial t7tfic~r of tine newspap~er known as I Colutrr~~a efts !1 Baulevard in the City, Ca fee of the resafutlan granting the ~,,..,, e rra ~~'.".`.~""~""~-~- Abatament as prapvsed io be adopted wilt -..-.~~~-~"-""-~~~~ SunMF'occts artd has full knowledge of the b~ an fife and available fc~r pul~lia inspectlan at City Hsu, facts stated below, ~A}The newspaper has complied witi~ all of Alf interested persons may appear at tha puk~lic hearing and present their views crafty the requirements cartstituting qualification vrinwriting, as a qualified newspaper as provided by and D7 §331A 4~ 1~t axis ~, ~ataE~ ~~'TME CITY cat~r~clr. , . , . . Minn. Ctat~ ~33 other applicable laws as amended. er 3.~.~t~.___T.w. C~nager ~8~ The printed public notice thak is attached ~ was published in the newspaper ante of w (July ~, Laos) f~-Abatemen~,N each weak, for one successive weeks); it was first published an Thursday, tl~e .~... day of .~.,.~.~__..~v~-~ 2408, and was thereafter printed and published on every Thursday to and including Thursday, the day of 24a8; and printed below is a copy of the lavuar case aipl~a• bet from A to Z, both inclusive, which is hereby acknowledged as being the sire and kind of type used in tl~e composition and pub~icativi7 of thQ notice, abcr~elcJhiikimnopgrstuvwxyx e B. ~~~ Cubscribod end sworn to ar affirmed before me on this ~. day of Jul~,~..,,.~,., 2448. Notary Public MANY ANN ~At~~SaN NC'tA~Y Ptl~t~C - MiNH1~SaTA MY CDMMISSIDN ~Xplh~~ 1~1~{?9 1~8 CITY CGtTNCIL LETTER Meeting of Jui~.14 2DU8 AGENDA SECTION: Pub11C GRIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NG: APPRQVAL ITEM: Ada t Resolution For BY: Gary Crorman BY: . ~ p ~ Abatement DATE: June 3D, ZDDB DATE: NQ; D$-151 to DS-153 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2DD$-151-~ 13DS~14 Circle Terrace 2DD$-152 -- 6~~ 4~t~ Avenue 2DDS~153 ~- 4251 Jefferson Street for failure to meet the requirements of the Residential lUlaintenance~ Code. RECQMN.~NDED MDTICN: Move to close the public hearing and to waive the readin of Resolution Numbers 2DDS-151; 152, 153 there being ample copies , g available to the public. R.ECQMMENDED MQTION: Move to adopt Resolution Numbers 2QOS-151,152, 153 bein resolutions of the City Council of the City of Columbia Heights declaring g the ro ernes listed a nuisance and approving the abatement of violations from the Pp property pursuant to City Code section $.2~6. X29 R.~s~LUTIO~ Zoos-~ 5 ~ of the Ci Council for the City of Columbia Heights declaring the property a nuisance Resolution ~ ' batement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of and approving a ned b Mort a electronic Registration Systems Hereinafter "owner of Record"}. the property ow y g g caner of record is the le al owner of the real property located at 130810 Circle whereas, the o g Terrace Blvd., Columbia Heights, Minnesota. ursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.20, written And whereas, p " ~ ~ assent Lice settin forth the causes and reasons for the proposed council action contained herein w no g via regular mail to the owner of record on June 12, 2008 ' accordance with the fore oing, and all ordinances and regulations of the City of Now, therefore, ~n g mbia Hei hts the Ci Council of the City of Columbia fleights makes the following: Colu g tY FINDINGS DF FACT 1. That on Ma 1 2008 an inspection was conducted on the property listed above. Inspectors y "' ~ ~ ular mail to the owner at,the found three v~olat~ons. A compliance order was sent via reg address. une 12 2405 ins ectors re-inspected the property listed above. Inspectors noted 2. That on J p 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. n Sul 7 2005 ins ectors reinspected the property and found that two violations 3. That o y p remained uncorrected. d ed u on said records of the Fire Department, the following conditions and violations `C r That bas p of City Codes~s}were found to exist, to wit: A. 1308 ~ Shall replace the rear broken window. $. Shall repair the broken fence in the back artier includin the owner of record and any occupants or tenants, have been given 5. That all p g ro riate notice of this hearing according to the provisions of the City Code Section the app p 8.20G~A} and 5.2od~B}. C4NCL~JSIC}NS OF CCt~NCIL o e located at 1308-10 Circle Terrace Blvd. is in violation of the provisions of l . That the pr p rty the Columbia Heights City Code as set forth ~n the Nonce of Abatement. elevant artier and artier in interest have been duly served notice of this hearing, 2. That all r p p n other hearin s relevant to the abatement of violations on the property listed above. and a y g That all a liable ri hts and eriods of appeal as relating to the owner of record, occupant, 3' pp g p exercised and or tenant as the case may be, have expired, or such rights have been completed. ~ ~o ORDER OF COUNCIL e located at 1305-1o Circle Terrace Blvd. constitutes a nuisance pursuantto City 1. ~'he prop ~ Code. at a co of this order shad be served upon all relevant parties and parties in interest. 2, Th py Passed this day of ~ ~~~~ Offered by: Second by: Roll Call: Mayor Crary L. Peterson . Attest: Patricia Nluscovitz, CMC City Clerk 1~~ RESC]LUTUN 2oos~~s2 f the Ci Council for the City of Columbia heights declaring the property a nuisance Resolution o ty abatement of ordinance violations pursuant to Chapter S, Article ~, of City Code, of and approving the roe owned b Michael J. Thoennes ~Iereinafter "Owner of Record"}. p P ~y Y le al owner of the real ro erty located at 6~6 40~~' Avenue, whereas, the owner of record ~s the g p p Columbia ~3eights, Minnesota. ursuant to Columbia lei hts Code, Chapter S, Article 1, Section 8.26, written And whereas, p g • assent 'ce settin forth the causes and reasons far the proposed council action contained herein w nat~ g via regular mail to the owner of record on June 12, 2408. ccordance with the fore oin ,and all ordinances and regulations of the City of Now, therefore, in a g g umbia lei hts the Ci Council of the City of Columbia Heights makes the following. Col g i tY FINDINGS CAF FACT That on Ma ~ 2008 an ins ection was conducted on the property listed above. inspectors ~. y ~ ~ o violations. Acorn fiance order was sent via regular mail to the awner at the found tW p address. e 12 2008 ins ectors re-ins ected the property listed above. inspectors noted 2. That an Jun p p that one violation remained uncorrected. A compliance order and statement of cause was mailed via re ular mail to the owner listed in the property records, , g n Jul 3 2008 ins ectors reinspected the property and found that one violation 3. That o y p remained uncorrected. d u on said records of the Fire Department, the following conditions and violations 4. That base p of City Codes~s} were found to exist, to wit: ~ , A. Shall re air or re lace the broken window on the east side of the building p p arties includin the owner of record and any occupants or tenants, have been given s . That al l p g riate notice of this hearin according to the provisions of the City Code Section the approp g S.20b~A} and 8.2o6~B}. CGNCLUSICNS aF C4tTNCIL e roe located at did 40~` Avenue is in violation of the provisions of the 1. That th p p rty . Columbia I~eights City Code as set Earth ~n the Nance of Abatement. relevant arties and arties in interest have been duly served notice of this hearing, 2. That all p p other hearin s relevant to the abatement of violations on the property listed above. and any g eriods of a eal as relatin to the awner of record, occupant, 3. That all applicable rights and p pp g , the case ma be have expired, or such rights have been e~erc~sed and or tenant, as y completed. 13~ oRDrR o~ CovNC~L e located at d6~ 40~~ Avenue constitutes a nuisance pursuant to City Code. 1. The prop ~y taco of this order shall be served upon all relevant parties and parties in Interest. 2. Tha py Passed this ~ day of 2008 offered by: Second by: Ra11 Call: Mayor Crary L. Peterson Attest: Patricia NZuscovit~, CMC City Clerk X33 R~SOLtJTION 2DD8~153 Resolution of the Ci Council for the City of Columbia Heights declaring the property a nuisance tY . d a rovin abatement of ordinance violations pursuant to Chapter S, Article ~, of City Cade, of an pp g ~~ the roe owned by David Berner ~Here~nafter Owner of Record }. p p ~Y whereas the owner of record is the legal owner of the real property located at 4251 Jefferson Street, Columbia Heights, Minnesota. d whereas ursuant to Columbia ~3eights Code, Chapter 8, Article ~~, Section 5.24, written An , p . notice settin forth the causes and reasons for the proposed council action canta~ned herein was sent g via regular mail to the owner of record on June 3, 2ooS. erefore in accordance with the foregoing, and all ordinances and regulations of the City of Now, th , Columbia Iiei hts, the City Council of the City of Columbia Fleights makes the following: g T'INDIN~S OF FACT 1. That on October 19, 2447 an inspection was conducted on the property listed above. Ins ectors found five violations. A compliance order was sent via regular mail to the owner p at the address. That on Decmeber 1, 2447 a extension for the winter season was granted. Additional time 2. was given to complete repairs of one item That on June 3 24D5 ins ectors reinspected the property listed above. Inspectors noted that p one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. "That on Jul 3 2DDS ins ectors reinspected the property and found that one violation 4. ya p remained uncorrected. 5. That based u on said records of the Fire I]epartment, the following conditions and violations p of City Codes~s}were found to exist, to wit: A. Shall repairlreplace the roof on the shed That all artier includin the owner of record and any occupants or tenants, have been given r '} p g the a ro riate notice of this hearing according to the provisions of the City Code Section pp p 8.246~A} and 8.20G~B}. CONCLUSIONS nF COUNCIL at the ~ ro e located at 4251 Jefferson Street is in violation of the provisions of the 1. Th p p ~y . Columbia Fleights City Code asset forth ~n the Nonce of Abatement. 2. That ail relevant artier and artier in interest have been duly served notice of this hearing, p p and an other hearin s relevant to the abatement of violations on the property listed above. Y g 3. That all a liable ri hts and periods of appeal as relating to the owner of record, occupant, pp g tenant as the case ma be, have expired, or such rights have been exercised and or , y ~ 34 completed. ORDER OF COtTNCIL ~ . The roe located at 4251 Jefferson Street canstitutes a nuisance pursuant to City Code. p p~ ~. That a co of this order shall be served upon all relevant parties and parties in Interest. py Passed this day of ZDOB Offered by: second by: Roll Call: Mayor Gary L, Peterson Attest: Patricia Muscovitz, CN1C City Clem X35 CITY COUNCIL LETTER Meeting of July, ~.4 2oa8 AGENDA SECTION: Resolutions ORIGINATING DEPART:'Ii~NT: CITY Fire MANAGER No: APPROVAL ITEM: Ado t Resolution For BY: ~ Gary Gorman ~~~ p ~~ Revocation DATE: June 34, 2408 DATE: No: 08-154ta o8-159 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2448-154 4427-29 Main Street 2445155 -~ 1313-15 Circle Terrace 2448-156 ~-1355-57 Circle Terrace 2448w157 ~ 41415t~' Street 244$-158 -~ 3723 Jacl~san Street 2448-159 1324-26 Circle Terrace Blvd, for failure to meet the requirements of the Residential Maintenance Codes. R.ECONIMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2445-154, 155,156,157, 158,159 there being ample copies available to the public, RECQ~!p1!i:ENDED NloTloN: Move to adopt Resolution Numbers 2448-154, 155, 156, 157 158 159 bein Resolutions of the City Council of the City of Columbia Heights g a rovin revocation ursuant to City Code, Chapter SA, Article IV, Section 5A.408~A} of Pp g p the rental licenses listed. 135 R.FS~LUTIUN 20oS-~ 54 " n of the Ci Council for the City of Columbia Heights approving revocation Resolut~o ~' "dential ursuant to Ci Code, Chapter 5A, Article ~V, Section SA.4o8~A} of that certain resx p ~' „ . rental license held by Bryant Bentley ~Bere~nafter License Haller }. ' ense holder is the le al owner of the real property located at 4427-4429 Main whereas, lac g Street N.l~., Columbia Heights, Minnesota, ursuant to Ci Code, Cha ter 5A, Article IV, Section 5A.4US~B},written notice whereas, p tY p ' forth the causes and reasons for the proposed Council action contained herein was setting the License Holder on June 1Z, 2ooS of an public hearing to be held on Julyl4, given to 2ooS. efore in accordance with the foregoing, and all ordinances and regulations of the Naw, Cher , ' umbia Bei hts the Ci Council of the City of Columbia heights makes the City of Col g ~ tY following: FTND~N~S OF FACT on or about A ril 15, 24oS, inspection office staff sent a letter requesting the ~ . That p awner of the rv e to renew the rental license for this property. The letter was p p ~y fled b re ular mail to the awner at the address listed ~n the propei~y records. ma y g ~ e ro a file and noted 2. That on June 12, 2ooS inspection office staff reviewed th p p rty e roe remained unlicensed. A Statement of Cause was mailed by regular that th p p ~y mail to the owner at the address listed in the property records. t based u on said records of the enforcement Uffice, the following conditions 3. Tha p and violations of the Ci 's Residential Maintenance Code were found to exist, to- tY wit: a. Failure to schedule a rental property inspection. b. Failure to sumbit renewal rental license application and fees at all artier includin the License Bolder and any occupants or tenants, have 4. Th p ~ g , . of the been iven the appropriate notice of this hearing according to the provts~ons g . 03 A . Ci Code, Chapter SA, Article III 5A.346 and 5A 3 ~ } tY URDI~R 4F COUNCIL ntal license belon in to the License Haller described herein and identified by l . There g g license number FS421 is hereby revoked; e Ci will art far the ur ore of preventing occupancy a copy of this order on 2. Th ty p p p the buildings covered by the license held by License Bolder; enants shall remove themselves from the premises within 6o days from the f rst 3, Allt da of ostin of this order revoking the license as held by License Bolder. Y p g ~3? Passed this day off` Zn48 offered by: Second by. Roil Call: Mayor Gary 1:.~. Peterson Attest: Patricia. Muscovitz, CMC City Clerk ~~s RBSCLUTIaN 2048-155 Resolution of the Ci Council for the City of Columbia heights approving revocation . r • ursuant to Ci Code, Chapter 5A, Article IV, Section SA.408~A} ofthat certain res~dent~al . . • . ~~ N rental license held by Mortgage ~lectron~c Reg~strat~on System ~ere~nafter License folder"}. whereas license holder is the legal owner of the real property located at 1313-1315 Circle Terrace Blvd. N.B., Columbia heights, Minnesota, whereas ursuant to Ci Code, Chapter SA, Article 1V, Section SA.408~B},written notice p tY settin forth the causes and reasons for the proposed Council action contained herein was g iven to the License Holder on June 12, 2045 of an public hearing to be held on July14, g 2045. Now therefore in accordance with the foregoing, and all ordinances and regulations of the Ci of Columbia Bel hts, the City Council of the City of Columbia heights makes the tY g following: FINDINGS CF FACT 1. That on or about A ril 15, 2408, inspection office staff sent a letter requesting the p owner of the property to renew the .rental license for this property. The letter was mailed b re ular :mail to the owner at the address listed in the property records. y g 2. That on June 12, 2448 inspection office staff reviewed the property fie and noted that the roe remained unlicensed. A Statement of Cause was mailed by regular p p~ mail to the owner at the address listed in the property records. 3. That based u an said records of the enforcement off ce, the fallowing conditions p and violations of the City's Residential Maintenance Code were found to exist, to- w~t: a. Failure to schedule a rental property inspection. b. Failure to sumbit renewal rental license application and fees 4. That all arties, including the License folder and any occupants or tenants, have p been iven the a ro riate notice of this hearing according to the provisions of the g pp p City Code, Chapter 5A, Article II15A.346 and 5A.303~A}. 4RDFR 4F CaUNCIL 1. The rental license belonging to the License folder described herein and identified by license number F5438A is hereby revoked; 2. The Ci will ost far the purpose of preventing occupancy a copy of this order on tY p, the buildings covered by the license held by License folder; 3. All tenants shall remove thernselves from the premises within 64 days from the first X39 da of osting of this order revoking the license as held by License Holder. Y p Passed this day of 2x08 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 14D RESOLUTION 2008156 Resolution of the City Council for the City of Columbia I~eights approving revocation ursuant to Ci Cade, Chapter 5A, Article I'~1", Section SA.408~A} of that certain residential p ~' ,~ rental license held by Judith Germain Hereinafter "L~cense Bolder ~. whereas license holder is the legal owner of the real property located at 1355-1357 Circle Terrace blvd. N.E., Columbia heights, Minnesota, whereas ursuant to City Code, Chapter 5A, Article IV, Section 5A.408~B}, written notice ~p settin forth the causes and reasons for the proposed Council action contained herein was g iven to the License Holder an June 12, 2008 of an public hearing to be held on July14, g Zoos. Now therefore, in accordance with the foregoing, and all ordinances and regulations of the Ci of Columbia Heights, the City Council of the City of Columbia IJeights makes the tY following. FTNDINCrS OF FACT 1. That on or about April 15, 2048, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed b regular mail to the awner at the address listed in the property records. Y 2. That on June 12, 2008 inspection office staff reviewed the property file and noted that the roe remained unlicensed. A Statement of Cause was mailed by regular p p ~Y mail to the awner at the address listed in the property records. 3. That based upon said records of the Enforcement C3ffice, the following conditions and violations of the City"s Residential Maintenance Cade were found to exist, to~ wit: a. Failure to schedule a rental property inspection. b. Failure to sumbit renewal rental license application and fees 4. That all artier, including the License I~alder and any occupants or tenants, have p been iven the appropriate notice of this hearing according to the provisions of the 8 City Code, Chapter SA, Article III 5A.346 and 5A.303~A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license nunr~ber FS363 is hereby revoked; 2. The Ci will post for the purpose of preventing occupancy a copy of this order on tY the buildings covered by the license held by License Flakier; 3. .All tenants shall remove themselves from the premises within 60 days from the first da of osting of this Order revoking the license as held by License folder. Y p X41 Passed this day of ~ ~ooS Offered by: Second by: Roll Cali: Mayor Crary I.. Peterson Attest: Patricia Musco~ritz, CMC City Clerl~ 142 RESOL~T~oN~oos-~5~ Resolution of the Ci Council for the City of Columbia heights approving revocation ~' . ursuant to Ci Code, Cho ter 5A, Article IV, Section 5A.4aS~.A} of that certain resxdentzal p tY p rental license held by Amir Shahsaband hereinafter "License Bolder"}. is the le al owner of the real rv erty located at 4 0 5t~' Street whereas, license holder g p p N.E., Columbia 3eights, NJinnesota, whereas ursuant to Ci Code, Chapter 5A, Article JV, Section SA.4US~B},written notice p tY settin forth the causes and reasons for the proposed Council action cantazned herein was g iven to the License folder on June 10, 2a~8 of an public hearing to be held on July l4, g 2DOS. Now therefore in accordance with the foregoing, and all ordinances and regulations of the Ci of Columbia lei hts, the City Council of the City of Columbia Heights makes the tY g following; FINDINGS ~F FACT l , That an A ril 3U, 24~g inspectors for the City of Columbia heights, inspected the p . roe described above and noted seven violations. A compliance letter listing the p p ~' . 1 violations was mailed by regular mail to the owner at the address listed on the Renta .Housing License Application. . 2. ~ That on June l~, 2o48 inspectors far the City of Columbia Heights, performed a final ins ection . at the ro erty and noted four violations remained uncorrected. A p p p ess listed on statement of cause was mailed via regular mail to the owner at the addr the rental housing license application. 3. That on Jul 1, 2DU8 inspectors for the City of Columbia Heights performed a y reins ection and noted that four violations remained uncorrected. p 4. That based a on said records of the Enforcement Qf~ice, the following conditions p and violations of the City's Residential Maintenance Code were found to exist, to~ . wrt. a. Shall scrapelpaint the garage. b. Shall repair the rotten siding on the garage. c, Shall replace alllany driveway material that is not asphalt or concrete. d. Shall repair the chimney an the house that is falling apart. 5. That all artier, including the License FJolder and any occupants or tenants, have p been iven the a ro riate notice of this hearing according to the provisions of the g pp p City Code, Chapter SA, Article III 5A.30~ and SA.343~A}. UR I~ER OF CD~C~L 1. The rental license belonging to the License Holder described herein and identified by license number F~92d is hereby revolved. 2. The Ci will ost for the purpose of preventing occupancy a copy of this order on tY p X43 the buildings covered by the license held by License Holder. 3. A.11 tenants shall remove themselves from the premises within 6o days from the first day of posting of this order revoking the license as held by License folder. Passed this ~ day of X048 Uffered by; Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk X44 RESOL~T~oN 2DOS~~SS Resolution of the City Council far the City of Columbia Heights approving revocation ursuant to Ci Code, Chapter 5A, Article '~, Section 5A.4oS~A} of that certain residential p tY rental license held by Lilliana Letran (Hereinafter "License Holder"}. whereas, license holder is the legal owner of the real property located at 3723 Jackson Street N.E., Columbia Heights, Minnesota, whereas, ursuant to City Cade, Chapter 5A, Article V, Section 5A.448~8~, written notice p settin forth the causes and reasons for the proposed Council action contained herein was g iven to the License Holder on June ~2, 2ooS of an public hearing to be held an July4, g 2DOS. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the Ci of Columbia Heights, the City Council of the City of Columbia Heights makes the tY following: FTND~~S CF FACT 1. That on or about April 15, 2oDS, 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, 2oUS inspection office staff reviewed the property file and noted that the ro erty remained unlicensed. A Statement of Cause was mailed by regular p p marl to the owner at the address listed in the property records. . 3. That based upon said records of the Enforcement office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to~ . wit: a. Failure ~to sumbit renewal rental license application and fees 4. That all artier, including the License Holder and any occupants or tenants, have p .. been iven the appropriate nonce of this hearing according to the provisions of the g City Cade, Chapter 5A, Article IlI 5A.3D~ and 5A.3D3~A}. 4RI)ER ~F CC~[TNC~L 1. The rental license belonging to the License Holder described herein and identified by license number F84D3 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 Haller; 3. All tenants shall remove themselves from the premises within ~D days from the first da of osting of this Order revoking the license as held by License Holder. Y p 145 Passed this day of 2008 offered by: Second by: Raiff Cali: Mayor Gary L. Peterson Attest: Patricia Nuscovitz, CMC City Clem ~ 4~i R~,soLVT~oN Zoos-159 Resolution of the City Council for the City of Columbia Heights approving revocation ursuant to City Code, Chapter SA, Article IV, Section SA.408~A} of that certain residential p rental license held by Greg Nilson Hereinafter "License Holder"}. whereas, license holder is the legal owner ofthe real property located at 13241326 Circle Terrace Blvd. N.B., Columbia Heights, Minnesota, whereas, ursuant to City Code, Chapter 5A, Article IV, Section SA.4o8~B},written notice p settin forth the causes and reasons for the proposed Council action contained herein was g iven to the License Holder on June 12, 2008 of an public hearing to be held on July14, g 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the Cit of Columbia Heights, the City Council of the City of Columbia Heights makes the Y following: FINDINGS 4F FACT 1. That on or about April 1~, 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 f le 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 ~,nforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to~ . wit: a. Failure to sun~bit renewal rental license application and 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 IIl SA.3o6 and 5A.303~A}. GRDER 4F C~]UNCIL 1. The rental license belonging to the License Holder described herein and identif ed by license number F8333 is hereby revolved; 2. The City will post far the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants sha11 remove themselves from. the premises within 6o days from the first da of ostin of this Order revoking the license as held by License Holder. Y p g ~ 47' Passed phis day of Zoos offered by: Second by: RoII Cali: Mayor Gary L. Pederson Attest: Pa~rlcia Nluscovitz, CHIC City Clerk ~~~ COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: July 14, 2008 AGENDA SECTION: ORIGII~lATING DEPARTMENT: CITY MANAGER' S NO: Consent Agenda APPROVAL ITEM: Elected Official Out of BY: Walt Fehst BY: NO: State Travel DATE: July 11, 2008 DATE: Background: A law was passed during the last Legislative session requiring governing bodies to develop a policy controlling travel outside the State of Minnesota for applicable elected officials by January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of--State Travel Policy on November 14, 2005. Authorization for expenses to attend the National League of Cities 2008 Congress of Cities & Exposition from Tuesday, November 11 to Sunday, November 15 in Orlando, Florida has been requested by Mayor Gary Peterson and Councilmember Bruce Kelzenberg. Estimated costs per person are: • Early bird Registration NLC member (required by June 16, 2008) $395 • Housing $205 (x five nights) • Airfare $374 (w/add-ons $423) • Meals & incidental (info through Sept. 30) 1St and last day $36.75 Full day $49 • Ground transportation (estimate) $100 The 2008 adopted budget for Mayor-Council includes: $1,500 101-41110-3105 (forNLC conference registration) $1,500 101-41110-3320 (for transportation, lodging, meals and other related items for the NLC conference) In 101-41110-8100, contingencies, $9,000 is also available. Recommended Motion: Move to approve attendance of Mayor Peterson and Councilmember Kelzenberg at the 2008 National League of Cities Congress of Cities & Exposition on November 11, 2008, in accordance with limitations and guidelines outlined in the city's policy for out-of--state travel by city employees. COUNCIL ACTION: PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE JULY 14, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-158, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Lilliana Letran regarding rental property at 3723 Jackson Street N.E. REMOVE -MOTION Move to adopt Resolution Number 2008-152 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property located at 666 40t" Avenue N.E. pursuant to City Code section 8.206. REMOVE -MOTION Move to adopt Resolution Number 2008-151 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property located at 1308-1310 Circle Terrace Blvd. N.E. pursuant to City Code section 8.206 ii '~ Results of Bond Sale -July 14, 2008 $10,000,000 G.O. Public Safety Genter Bonds, Series 20088 Low Bidder: Stifel, Nicolaus & Co., Inc. True Interest Cost: 4.4946% iVumber of Bids: 7 Rating: Underlying "Al" from Moody's " Assured Guaranty "Aaa purch ased by low bidder Range of Bids: Low bid of 4.4946% to highest bid of 4.8487% Key Factors Projected Results of Sale Variance Principal Amount*: $10,000,000 $10,000,000 $0 Discount Allowance: $75,000 $74,096 -$904 Capitalized Interest: $434,113 $314,194 -$119,919 Cost of Issuance: $60,000 $44,840 -$15,160 Coupon Rates: 3.45% - 5.20% 4.30% - 4.55% Average Coupon 5.92% 5.82% -0.10% Proceeds for Project $9,430,888 $9,566,871 $135,983 Annual Debt Service $646,069 $622,538 -$23,531 Homeowner Impact: $58 $55 -$3 *Includes +$1.5M Closing ®ate: August 6, 2008 Council Action: Resolution awarding sale of $10,000,000 General Obligation Public Safety Center Bonds, Series 2008B, fixing their from and specifications, directing their execution and delivery, and providing for their payment Attachments: Bid Tabulation Updated Debt Service Schedule Bond Resolution • The original authorizing ordinance for the bonds called for the sale of $11,500,000 of bonds. Due to the spread of bank qualified and non-bank qualified interest rates, the amount of bonds sold in 2008 was reduced to $10,000,000. Any subsequent sale of bonds for this project will need to follow the charter provisions for authorization. EHLERS LEADERS IN PUBLIC FINANCE BID TABULATION $10,000,000 General Obligation Public Safety Center Bonds, Series 20088 CITY OF COLUMBIA. HEIGHTS, MINNESOTA SALE: July 14, 2008 AWARD: STIFEL, NICOLAUS & CO., INC. RATING: Assured Guaranty Insured (Moody's Investors Service, Inc. "Aaa")* BBI: 4.56% UNDERLYING RATING: (Moody's Investors Service, Inc. "A1 ") NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE STIFEL, NICOLAUS & CO., INC. 2011 4.300% 2.800% $9,925,904.85 $8,441,884.07 4.4946% Minneapolis, Minnesota 2012 4.300% 3.000% 2013 4.300% 3.150% 2014 4.300% 3.300% 2015 4.300% 3.400% 2016 4.300% 3.500% 2017 4.300% 3.700% 2018 4.300% 3.750% 2019 4.300% 3.850% 2020 4.300% 3.950% 2021 4.300% 4.000% 2022 4.300% 4.125% 2023 4.300% 4.100% 2024 4.350% 4.150% 2025** 4.350% 4.250% 2026** 4.350% 4.250% 2027*** 4.350% 4.350% 2028*** 4.350% 4.350% 2029**** 4.400% 4.400% 2030**** 4.400% 4.400% 2031 ***** 4.450% 4.450% 2032***** 4.450% 4.450% 2033****** 4.500% 4.500% 2034****** 4.500% 4.500% 2035****** 4.500% 4.500% 2036******* 4.550% 4.550% 2037******* 4.550% 4.550% 2038******* 4.550% 4.550% *Assured Guaranty Insurance purchased by Stifel, Nicolaus & Co., Inc. **$685,000 Term Bond due 2026 with mandatory redemption in 2025 ***$755,000 Term Bond due 2028 with mandatory redemption in 2027 ****$830,000 Term Bond due 2030 with mandatory redemption in 2029 *****$910,000 Term Bond due 2032 with mandatory redemption in 2031 ******$1,545,000 Term Bond due 2035 with mandatory redemption in 2033-2034 *******$1,785,000 Term Bond due 2038 with mandatory redemption in 2036-2037 ~\_°;~, _ ... LEADERS IN PUBLIC FINANCE www.ehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 $10,000,000 General Obligation Public Safety Center Bonds, Series 20086 City of Columbia Heights, Minnesota Page 2, NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1j YIELD COST RATE MORGAN KEEGAN & CO., INC. Memphis, Tennessee PIPER JAFFRAY & CO. Leawood, Kansas 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.550% 4.550% 4.550% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.050% 4.150% 4.150% 4.250% 4.250% 4.300% 4.300% 4.450% 4.450% 4.450% 4.750% 4.750% 4.750% 4.750% 5.000% 5.000% 5.000% $9,925,000.00 $8,490,362.53 4.5198% $9,925,332.80 $8,705,540.50 4.6038% $10,000,000 General Obligation Public Safety Center Bonds, Series 20088 City of Columbia Heights, Minnesota Page 3 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE ROBERT W. BAIRD & CO. Milwaukee, Wisconsin CRONIN & COMPANY, INC. Minneapolis, Minnesota 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 4.250% 4.250% 4.250% 4.250% 4.250% 4.250% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.625% 4.625% 4.625% 4.700% 4.700% 4.700% 4.700% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.000% 4.200% 4.375% 4.375% 4.500% 4.500% 4.500% 4.500% 4.600% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% $9,925,054.05 $8,708,378.37 4.6353% $9,926,626.80 $8,772,070.78 4.6532% $10,000,000 General Obligation Public Safety Center Bonds, Series 20086 City of Columbia Heights, Minnesota Page 4 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE NORTHLAND SECURITIES, INC. Minneapolis, Minnesota STERNS, AGES & LEACH, INC. Birmingham, Alabama 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.500% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.750% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.375% 4.500% 4.500% 4.625% 4.625% 4.875% 4.875% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% 5.000% $9,925,000.00 $8,935,686.46 4.7588% $9,926,958.75 $9,144,585.91 4.8487% City of Columbia Heights, MN $10,000,000 G.O. Public Safety Center Bonds, Series 2008 $1,500,000 G.O. Public Safety Center Bonds, Series 2009 FINAL Series 2008 Level with Proposed Series 2009 Level - FINAL -Series 2008 ;"_ ,. ~ ,' , t_ „• ~ ,. __ ,._. $Proposed Serres 2009 _ _ _ <t Dated 8!6/2008 Dated 2/1/2009 , ~' ParAmountof-Bonds 10,000,000- 4ParAmountofBonds ~ 1'500;000;', Reoffering Premium . 123,028 TotalSoorces , 1.500-000 ' -Total Sources 10,123,028 - - ' Total Underiur~ter s Discount (1 250%a 18 750 Total Undennrriter's Discount (0.901%) 90,124 Costs of Issuance _ 24 000- Costs of Issuance 44,840 =>F Depos~tfo Gapitatized (nterest(CIF)-Fund ," 69 858 3 - _ Gross Bond Insurance Premium { 58.3 bp) 107,000 _ - rDepos~tTo Cohstructon Fund 1 387393,.: Deposit to Capitalized Interest (CIF) Fund 314,194 ~_ :Total Uses 1-500 000 Deposit Ta Construction Fund 9,566,871 = ~ ~ -- Total Uses 10,123,028 Ca Total , Cap Total Combined Levy Collect Year Year Period Ending Prin Rate p Int Int P & I ~ ; ,~ Prm; ~,__ ,Ratew, _~ _;Int, ,. Int _w: ~ ~ P & I ~ " Total 8/6/2008 ~' ' 4 2007 2008 9 2/1/2009 2/1/2010 214,194 (214,194} 000) 628 (100 440 628 340 -- (69 858) ~ - 69 858 - 340,628 2008 200 2009 2010 2!1!2011 190,000 4.30% , , 440,628 , 630,628 _ ~~, 30,040 ~,_~ 4 55%_~,~_ ,_69 858 _: ~_„ ~ 99 858 730,485 2010 2011 2/1/2012 200 000 4.30% 432,458 ' 632,458 _ 30 000 4 550 68 493 { 9$493 730,950 2011 2012 211/2013 , 000 205 4.30% 423,858 628,858_ 30 000 4 55% 67128 -: 97128 725,985 2012 2013 2/1(2014 , . 215,000 4.30% 415,043 630,043 - .~~,,;30;_000v.,455°fo_~~.~$5,763;,,~~_..__,_,._ _;.K_~~95763 : 725,805 2013 2014 2/1!2015 000 220 4.30% 405,798 625,798 55% i-:64 3J8 94 398 .`• 30 ODD :- 4 720,195 2014 2015 2/1/2016 , 230,000 ° 4.30 /0 396,338 626,338 . ',_~: =55°1:i==:::'63033_=>=.~a~<;'~:_"~~_98;Q33;` 35 000.:.;; ,4.. o 724,370 2015 2016 211/2017 240,000- 4.30% 386,448 626,448 .35,000 4,55% -~ = 61-440 _ : _ 96440'-` 722,888 2016 2017 2/1(2018 250 000 4.30% _ 376,128 626,128 :351000 -- 4 55% - 59,$4$. 94;848;; 720,975 2017 2018 2/1/2019 , 000 260 0 4.30 /0 365,378 625,378 9"•'~,,,. 8~ 55:;:'s_:;crs`'~:~"t~:'?:~i'_{98'255:1: 4D ODD 4 55 /0 5 2 723,633 2018 2019 2/1/2020 , 270,000 4.30% 354,198 624,198 ,40,000 4~55~0 _=56435 :~ ' 96435, 720,633 2019 2020 2/1/2021 000 285 4.30% 342,588 627,588 40-000 4 55% 54 615 _' 94 615_ 722,203 2020 2021 2/1/2022 , 000 295 _ 4.30% 330,333 625,333 45 000 4 55% 52 79$ -' - 97 795 723,128 2021 2022 2/1/2023 , 310,000 4.30% 317,648 627,648. :~}5;040.~_ 4:55% , _. "-5D 748 -~ ,~ t ; 95 748 =? 723,395 2022 2023 2(112024 320 000 4.35% 304,318 624,318 50 000 4 6D°o 48 700 f - 98ZOD '. ~ 723,018 2023 2024 211 /2025 , 335;000 _ 4.35% 290,398 625,398 50 000 " 4 60°l0 46 400 •98 400 00' 9 1 ' ~ 721,798 925 724 2024 2025 2/1/2026 35Q,000 4.35% 275,825 625,825 9,_ - _~,~ ,~_,~55;OOD - 460%"~:,t_~_.44100 -;;_ _~_~."_,.. , 2025 2026 211!2027 370,000 4.35% 260,600 630,600 - 55-000 460°l0 41570 96570,.: 727,170 2026 2027 2/1/2028 400 385 4.35% 244,505 629,505 ~ 60-000 - 4 60% ` 39 040- ~ _ 99 040 728,545 2027 2028 2/1/2029 , 405,000 4.40% 227,758 632,758 ~ ,80 000 4~(i5% _-Y-.36 280- ~„ r 96 280'-,-- 729,038 2028 2029 2030 2/1/2430 2!112031 425,000 000 445 4.40% 45% 4 209,938 238 191 634,938 636 238 65-000 4 65°l0 33 490 , 98 490 65 000 - 4 70% 30 468 - 95x468 , 733,428 731,705 2029 2030 2031 2/1/2032 , 465,000 . 4.45% , 171,435 , 636,435 70`000_._,_.4 70°(0 . ~~_27 413,: _,._~.,~~,~.__._ 97413: : : 733,848 2031 2032 2/1/2033 490,000- ° 4.50% 150,743 640,743 o ~- =; ~:r:;:`'z::` ;r e,:ts>~;;..::_==e99`<:('2g'r; 75000 475/0 24123 , 739,865 2032 2033 2/1/2034 000 515 4.50% 128,693 643,693 SO-000-- 475°l0 20560 Y160560U _ 744,253 2033 2034 2!1!2035 , 540,000 4.50% 105,518 645,518. 80 000 4 75°[0 ~16r 760 ;~ ,_ 96 760 742,278 2034 2035 2/1/2036 565 000- 4.55% 81,218 646,218 - -- X85 000 -- 4 80% 12 960 _ _ 97,960. ; 744,178 2035 2036 2/1/2037 , 595,000 _ 4.55% 55,510 650,510 9D 000- ~ 4 $0% 8 880- - 9$ 880 99 56 d '` 8 ° 749,390 998 ~ 752 2036 2037 2/1/2038 625,000 4.55% 28,438 653,438 . 0 i - !0 4 56 0 95 000 - 4 ~- , 10 000 000 8 367 789 {314 194) 18 053 595 ~ 1 500'000 1-297 965 = (69 858) 2,728108 ~ 20,781,703 Prepared by Ehlers & Associates, Inc. 7/14!2008 FREERS Extract of Minutes of Meeting of the City Council of the City of Columbia Heights, Anoka County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday, July 14, 2008, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals that had been received for the purchase of the City's $10,000,000 General Obligation Public Safety Center Bonds, Series 2008B. The City Finance Director presented a tabulation of the proposals that had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as set forth in Exhibit A attached. After due consideration of the proposals, Member then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: 336245v3 AJP CLi62-41 1 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. RESOLUTION AWARI2ING THE SALE OF $10,000,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 20088, FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Anoka County, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is authorized by the Charter of the City of Columbia Heights (the "Charter") to issue its general obligation bonds for, among other things, the purchase or erection of needful public buildings within the City. The City therefore intends to issue its general obligation bonds pursuant to the Charter to finance a new public safety center for the City's police and fire departments (the "Project"). 1.02. On March 24, 2008 the Council conducted a first reading of an ordinance authorizing the City to issue its general obligation bonds in the maximum principal amount of $11,500,000 to finance the Project (the "Ordinance"). 1.03. On April 14, 2008, the Council conducted a second reading of the Ordinance and adopted the Ordinance, subject to referendum as described in the Charter. 1.04. The Ordinance was published at least once in the City's official newspaper. The City Clerk did not receive a petition signed by the requisite amount of registered voters in the specified time frame to require a referendum on the issuance of the Bonds (hereinafter defined) under the Charter. 1.05. At its June 23, 2008 meeting, the Council authorized the reduction of the principal amount of the Bonds to $10,000,000, with the intent to issue future additional obligations to finance the Project. Section 2. Sale of Bonds. 2.01. Award to Purchaser. The proposal of Stifle, Nicolaus & Co., Inc., Minneapolis, Minnesota (the "Purchaser") to purchase the City's $10,000,000 General Obligation Public Safety Center Bonds, Series 2008B (the "Bonds") described in the Terms of Proposal thereof is 336245v3 AJP CL162-41 2 found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $9,925,904.85, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2011 4.30% 2018 4.30% 2012 4.30 2019 4.30 2013 4.30 2020 4.30 2014 4.30 2021 4.30 2015 4.30 2022 4.30 2016 4.30 2023 4.30 2017 4.30 2024 4.35 Term Bonds due February 1, 2026 at 4.35%. Term Bonds due February 1, 2028 at 4.35%. Term Bonds due February 1, 2030 at 4.40%. Term Bonds due February 1, 2032 at 4.45%. Term Bonds due February 1, 2035 at 4.50%. Term Bonds due February 1, 2038 at 4.55%. True Interest Cost: 4.4946197% 2.02. Purchase Contract. The sum of $904.85 being the amount proposed by the Purchaser in excess of $9,925,000 shall be credited to the Construction Fund under Section 4.01 hereof. The City Finance Director is directed to deposit the good faith check of the Purchaser on behalf of the City pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful proposers forthwith. The Mayor and the City Manager are directed to execute a contract with the Purchaser on behalf of the City. 2.03. Terms and Principal Amounts of the Bonds. The City will forthwith issue the Bonds pursuant to the Charter, in the total principal amount of $10,000,000, originally dated as of August 6, 2008, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: 336245v3 A1P CL162-41 3 Year Amount Year .Amount 2011 $190,000 2018 $250,000 2012 200,000 2019 260,000 2013 205,000 2020 270,000 2014 215,000 2021 285,000 2015 220,000 2022 295,000 2016 230,000 2023 310,000 2017 240,000 2024 320,000 Term Bonds due February 1, 2026 in the aggregate principal amount of $685,000. Term Bonds due February 1, 2028 in the aggregate principal amount of $755,000. Term Bonds due February 1, 2030 in the aggregate principal amount of $830,000. Term Bonds due February 1, 2032 in the aggregate principal amount of $910,000. Term Bonds due February 1, 2035 in the aggregate principal amount of $1,545,000. Term Bonds due February 1, 2038 in the aggregate principal amount of $1,785,000. 2.04. Optional Redemption. 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 7 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. Prepayments will be at a price of par plus accrued interest. 2.07. Mandatory Redemption. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Febluaty 1, 2026 Term Bonds 2025 2026 (maturity) 2028 Term Bonds 2027 2028 (maturity) 2030 Term Bonds 2029 2030 (maturity) 336245v3 AJP CL162-41 Principal Amount $335,000 350,000 370,000 385,000 405,000 425,000 4 2032 Term Bonds 2031 445,000 2032 (maturity) 465,000 2035 Term Bonds 2033 490,000 2034 515,000 2035 (maturity) 540,000 2038 Tenn Bonds 2036 565,000 2037 595,000 2038 (maturity) 625,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 3. Form; Registration. 3.01. Registered Form. The Bonds will be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof will be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 in each year, commencing February 1, 2009, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ig ster. The Registrar will keep at its principal corporate trust office a bond register in which the Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. 336245v3 AJP CL 162-41 5 (b) Transfer of Bonds. Upon surrender for transfer of any 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 that interest payment date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of directly by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums to be paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond becomes mutilated or destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any 336245v3 A1P CL162-41 6 such 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 such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by it and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it will not be necessary to issue a new Bond prior to payment. (i) Redemption. 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 the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 3.04. Appointment of Initial Re ig stray. 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, the resulting corporation will be 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 appointment of a successor Registrar, in which event the predecessor Registrar will deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Finance Director will transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 3.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and will be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds will cease to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, no Bond will be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution 336245v3 AJP CL162-41 7 unless and until a certificate of authentication on a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser will not be obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3.07 with such changes as may be necessary to 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. 3.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form: No. R- UNITED STATES OF AMERICA $ STATE OF M17~tNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B Date of Rate Maturity Date Original Issue CUSIP February 1, 20_ August 6, 2008 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corporation and political subdivision located 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 amount 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 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 axe payable in lawful money of the 336245v3 AJP CL162-41 8 United States of America by check or draft by U.S. Bank National Association, St. Paul, Minnesota, as Bond Registrar, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City 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. Prepayments will be at a price of par plus accrued interest. The Term bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date February 1, 2026 Term Bonds 2025 2026 (maturity) Principal Amount $335,000 350,000 2028 Term Bonds 2027 2028 (maturity) 2030 Term Bonds 2029 2030 (maturity) 2032 Term Bonds 2031 2032 (maturity) 2035 Term Bonds 2033 2034 2035 (maturity) 370,000 385,000 405,000 425,000 445,000 465,000 490,000 515,000 540,000 336245v3 AJP CL162-41 C) 2038 Term Bonds 2036 565,000 2037 595,000 2038 (maturity) 625,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $10,000,000, all of like original date and tenor, except as to number, maturity date, redemption privilege and interest rate, issued pursuant to a resolution adopted by the City Council on July 14, 2008 (the "Resolution"), for .the purpose of providing funds for the construction of a new public safety center for the police and fire departments within the City, as authorized by the Charter of the City of Columbia Heights (the "Charter"), pursuant to and in full conformity with the Constitution, the Charter and the laws of the State of Minnesota, including Minnesota Statutes, Chapter 475. The principal hereof and interest hereon are payable from ad valorem taxes levied on all taxable property in the City, and if necessary for the payment thereof additional ad valorem taxes are required by law to be levied on all taxable property in the City, which taxes are not subject to any limitation as to rate or amount, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal arriount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental change required to be paid with respect to such 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 receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. 336245v3 AJP CL162-41 10 IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Charter and the Constitution and laws of the State of Minnesota 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 will have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WI-IEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HEIGHTS, MINNESOTA facsimile) (facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and 336245v3 AJP CL162-41 11 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 premise. 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: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. 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 the Bond is held by joint account) Please insert social security or other identifying number of assignee 336245v3 AJP CL162-41 12 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 the Registrar Cede & Co. Federal ID #13-2555119 3.08. Le ag 1 Opinion. The City Finance Director will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, as bond counsel, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Security; Payment. 4.01. (a) Debt Service Fund. The Bonds will be payable from the General Obligation Public Safety Center Bonds, Series 2008B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director will pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of the taxes levied by this Resolution, when collected. There is appropriated to the Debt Service Fund $314,193.92, representing capitalized interest fmanced from Bond proceeds. (b) Construction Fund. The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated for the Project and any amounts in excess of the minimum proposal designated for deposit herein in accordance with Section 2.02 hereof, will be deposited in a separate construction fund (the "Construction Fund") to be used solely to defray expenses of the Project. When the Project is completed and the cost thereof paid, the Construction Fund is to be closed and any balance in the fund is to be deposited in the Debt Service Fund. 4.02. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The tax will be credited to the Debt Service Fund above provided and is in the years and amounts as follows (year stated being year of collection): 336245v3 AJP CL162-41 13 Year L~ (See EXfIIBIT B) 4.03. Debt Service Coverage. It is determined that the estimated collection of the foregoing taxes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The tax levy herein provided will be irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the City Manager may certify to the County Auditor of Anoka County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. 4.04. Registration of Resolution. The City Clerk is authorized and directed to file a certified copy of this Resolution with the County Auditor of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcrit~t. 5.01. City Proceedings and Records. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Finance Director and the City Manager axe hereby 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 O~ciai Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to the Registrar on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenants. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or 336245v3 AJP CL162-41 14 agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. No Rebate Rewired. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States, to the extent the Bonds do not qualify for an exemption from rebate under the Code and related Treasury Regulations. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: Code; (a) the Bonds are not "private activity bonds" as defined in Section 141 of the (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2008 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 336245v3 AJP CL162-41 15 Section 7. Book-Entry System; Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.03 hereof. Upon initial issuance, the ownership of each 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. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the 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, of 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 has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will 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 Paying Agent. 7.03. 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 be complied with at all times. 336245v3 AJP CL162-41 16 7.04. Transfers Outside Book-Entry sy tem. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the 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. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Cites Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out ail of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the 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. 336245v3 AJP CL162-41 17 The foregoing resolution was introduced by Member and seconded by Member .The following voted in favor of the resolution: The following voted against: The following were absent: Adopted: July 14, 2008. ATTEST: City Clerk Mayor 336245v3 AJP CL162-41 l8 STATE OF MINNESOTA ) COUNTY OF ANOKA ) SS. CITY OF COLUMBIA HEIGHTS) I, the undersigned, being the duly qualified and acting City Manager of the City of Columbia Heights, Minnesota, do hereby certify that I have carefully compared the attached and foregoing resolution of a regular meeting of the City Council held on Monday, July 14, 2008, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City's $10,000,000 General Obligation Public Safety Center Bonds, Series 2008B. WITNESS My hand as City Manager and the corporate seal of the City this day of , 2008. City Manager City of Columbia Heights, Minnesota (SEAL) 336245v3 AJP CL162-41 S-1 EXHIBIT A PROPOSALS 336245v3 AJP CL162-41 A_1 EXHIBIT B TAX LEVY SCHEDULE YEAR. * TAX LEVY * Year tax levy collected. 336245v3 AJP CL162-41 B-1