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HomeMy WebLinkAboutJune 23, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 23, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 23, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams Rev. Dave Briley, Oak Hill Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE- recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2008-141 and 2008-150, 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 requested a report of the special meeting held on June 16, 2008. He expressed dismay that the Council meeting agenda was not available on Cable T.V. on Friday night. On Sunday the local cable channel was stuck on one screen. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of Sheila Cartney, Assistant Community Development Director Scott Clark, Community Development Director, introduced Sheila Cartney. Cartney stated her excitement to work for this community. Peterson welcomed her. Nawroclci questioned her background. Cartney stated that she was employed by the cities of Elk River and Eagan, and listed her educational background. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. A. Annrove minutes of the June 9, 2008 Columbia Heights Citv Council meeting and June 16, 2008 emergency City Council meeting, 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 5~' 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 would not have been able to proceed within the three day or regular meeting time frame. Nawrocki asked if this was proper under State Statute. Hoeft stated it allowed by City Charter and has been utilized in the past. Hoeft indicated he would comply with the request for a written statement, if the entire Council so requested. City Council Minutes Monday, June 23, 2008 Page 2 of 31 Motion to approve the minutes of the June 9, 2008 City Council meeting. Motion to approve the minutes of the June 16, 2008 emergency City Council meeting. B. Approve 2008-2009 IAFF Labor Agreement Fehst stated that this group has requested a two year contract. Motion to waive the reading of Resolution 2008-137, there being ample copies available to the public. Motion to adopt Resolution 2008-137, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2008 - December 31, 2009. Resolution is available at the end of this document. C. Recognize distribution of the 2007 Comprehensive Annual Financial Report and the Independent Auditor's Report -removed for discussion D. Establish a Public Hearing to consider an alle~ght based upon a petition received. Motion to establish Monday, July 28, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 1320 and 1328 41st Avenue. E. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for June 23, 2008. F. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for June 23, 2008 as presented. G. Approve payment of the bills Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 126198 through Check Number 126364 in the amount of $1,516,476.62. Motion by Nawrocki, second by Kelzenberg, to approve the Consent Agenda items, with the exception of item C. Upon vote: All ayes. Motion carried. C. Recognize distribution of the 2007 Comprehensive Annual Financial Report and the Independent Auditor's Report Nawrocki stated this is the last date, by requirement, this document could be handed out. Fehst stated it is an unqualified opinion with the standards set by the State authority. Bill Elrite, 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 by Nawrocki to establish a meeting with the Auditor for Monday, June 30. Peterson called for a second. Motion died for lack of a second. Motion by Kelzenberg, second by Diehm, to recognize that the 2007 Comprehensive Annual Financial Report for the City of Columbia Heights, including the independent auditors report from City Council Minutes Monday, June 23, 2008 Page 3 of 31 HLB Tautges Redpath Ltd., was distributed to council members on June 23, 2008, and move to schedule July 14, 2008 at 6:00 p.m. as the date and time to meet with the auditor. The Auditor will be given 30 minutes to present the 200'7 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 on something as important as the annual audit. Diehm requested that if fellow Council members, upon review of the audit, have any questions that they be presented in writing prior to the meeting. Fehst indicated that we have a good audit and continue to win awards on them. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 3ayes - 1 abstention. Motion carried. Motion 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 Councilmember Nawrocki felt this would be a wise use of taxpayer funds. Nawrocki referred to his attended at a session on 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. Nawroclci indicated the care that is needed for open meetings. Upon vote: Kelzenberg, nay; Diehm, aye; Nawrocki, aye; Peterson, nay. 2 nays - 2 ayes. Motion failed. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2008-138, First Amendment to the Amended and Restated Contract._for Private Redevelopment Huset Park Redevelopment) Clark indicated the request is to allow construction of 80 units of senior rental and to extend the development completion schedule. This item has already been approved by the Economic Development Authority (EDA). 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 $345,688 initial notes. Clark stated those changes were not included in the original agreement and are therefore included. Nawrocki questioned the $10,000 per unit cost reduction. Clark stated that the original agreement included the minimum. sale price of $18,000, and this would accommodate the senior per unit cost. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2008-138, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, adopt Resolution 2008-138, a First Amendment to the Amended and Restated Contract for Private Redevelopment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. This Resolution may be found at the end of this document. City Council Minutes Monday, June 23, 2008 Page 4 of 31 B. Bid Considerations -none C. Other Business 1. Adopt Resolution 2008-139 awarding the sale of $975,000 Taxable G.O. Housing Improvement Area Bonds Series 2008A• fixing their form and specifications; directin their execution and delivery; and providing for their payment; and furthermore, to authorize the Mayor and Cit~ana~er to enter into an agreement for the same. Mark Ruff, Ehlers 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 $975,000, as the group used other funds to lower the amount. Columbia Heights received an "A" bond rating from Moody'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. Nawrocki question why the $50,000 retained for non-payments 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 $50,000, plus five percent of the payments on an annual basis. When the city releases the reserves, they must go toward some form of improvement or some type of payment as stated in the development agreement. It would not be returned to the homeowners association, but could buy down the last year of debt. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2008-139, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution 2008-139, a Resolution awarding the sale of $975,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A; fixing their form and specifications; directing their execution and delivery; and providing for their payment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. 2. Authorize Public Safety Center Bond Issue Fehst stated that initially it was intended to have one public safety center bond for $11.5 million. Upon research by Ruff, it was found that bank authorized borrowing under $10 million has more security and a difference of 50 basis points. We are not sure of the bid amounts, do not want to borrow more than we need, and would save about $30,000 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 for 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 $500,000 and $750,000. We would also look at geothermal technology, which would be a $250,000 expense that could pay for itself in 25 to 30 years. Geothermal is the proper thing to do, but would cost more. Fehst stated that the initial building size of 39,000 square feet has increased. City Council Minutes Monday, June 23, 2008 Page 5 of 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 one- half million dollars of the capitalized interest, plus the cost of issuance. The actual net amount for the building is estimated at $10.9 million. Fehst stated the tax impact would be $55 to $65 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 Kelzenberg, to authorize the public safety center bonds to be sold in two issues, one at $10 million with an additional bond of $1.5 million, to make both issues bank qualified. Nawrocki. indicated he reserved his judgment on the second bond issue until that time. Upon vote: All ayes. Motion carried. 3. Establishment of Neighborhood and Housing 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 Housing 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 Housing 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. He referred to the three 2007 LMC levels for planners. Nawroclci stated that this was "empire building" within the department. A lot of anticipated projects have not come to pass, such as the Burger King 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 GMHC has. This is unfair to other city employees. Fehst respectfully disagreed, stating this is an upgrade to a position. GMHC did the best they could with 400 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 posturing, with no more rental housing licenses issued for six months and hope to adopt a point 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 stock. Diehm stated that initially she had concerns and requested additional information and similar positions in other cities. She indicated that she enjoyed supporting GMHC, but staff indicates that this person will give us more service than GMHC. Deb Johnson, 4626 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. City Council Minutes Monday, June 23, 2008 Page 6 of 31 Nawrocki 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 comes from Community Development. Mr. 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. Motion by Kelzenberg, second by Diehm, to establish the position of Neighborhood and Housing Planner and a 2008 Monthly Salary Range of $5,133 to $5,833. Councilmember Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay. Motion carried. Miscellaneous Fehst recognized Phil Fisher and Jon Kuenstling, Krause Anderson Construction Manager, 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 Kuenstling on the bid opening and Peterson agreed. Kuenstling stated it is a good bid with good contractors. They will soon address the city regarding permits required. Peterson questioned how much under budget the bids were. Kuenstling stated they were two to four percent under budget. Negotiations are necessary for permits and plan review and the remaining five divisions, so a definite cost is not available. Nawrocki questioned the air conditioning and the cost. Kuenstling stated that the city space would be air conditioned, but the school space would not, at a cost of $62,000. Nawrocki indicated this was not 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 determined. Peterson stated that the thought process was to program our area more in the summer than the school does. Nawrocki gave his history of public bidding processes. Fehst stated that we entered into tlus with good faith to share costs with the School District. We have a joint powers agreement with the School District. They have been very honoxable in dealing with us. Peterson stated that he is looking forward to the ground breaking ceremony this Thursday. Nawrocki stated he has faith in Krause Anderson, as he worked for them. PUBLIC HEARINGS A. 2nd Reading. Adopt Ordinance 1549, being an Ordinance pertaining to the rezoning of pro ep rties located at 925 41st Avenue NE from R-4 to PO. Jeff Sargent, City Planner, stated the correct address to be rezoned is 825 41St Nawrocki referred to concerns at the Planning and Zoning meeting regarding noise and traffic, with traffic exiting on 41St. Peterson stated that this was explained to people with concerns and they have not attended either the first 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. City Council Minutes Monday, June 23, 2008 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: Ali ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Ordinance No. 1549, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1549. Upon vote: All ayes. Motion carried. ORDINANCE 1549 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 825 - 41S` AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights promotes the healthy and safety of its citizens by ensuring adequate public safety services; and WHEREAS, the rezoning of the subject parcel will enable the construction of a new public safety facility; and WHEREAS, the City of Columbia Heights recognizes that the PO, Public and Open Space zoning allows for public safety buildings as permitted uses; and WI-~REAS, the City of Columbia Heights recent practice is to include publicly owned parcels in the PO, Public and Open Space District; and WHEREAS, the City of Columbia Heights has embraced redevelopment efforts as a means to revitalize the City's economic and social welfare vitality; and WHEREAS, rezoning the subject parcel from R-4, Multiple Family Residential to PO, Public and Open Space provides opportunity for redevelopment of a vacant property; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-4, Multiple Family Residential to PO, Public and Open Space. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. B. 2nd Reading Adopt Ordinance 1550 being, a Zoning Amendment to create the Shoreland Overlay District Nawrocki questioned the impact on residential properties and property coverage restriction. Sargent showed the overlay district zoning map indicating properties within the 1,000 foot set back. Standards of construction for fill 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 40 foot by 100 foot lot. Nawrocki suggested that a 30 percent limitation would be more realistic. Nawrocki continued to question the coverage of property and the size not allowing for sidewalks. Donna Schmitt, 4260 Tyler Street, indicated that Minneapolis 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 allowing drainage. If 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 problems for the area around 42nd and 43rd Avenues and 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 City Council Minutes Monday, June 23, 2008 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 Commission 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 carried. Motion 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 second. Upon vote of the original motion: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. This Or°dinance may be found at the end of the document. C. 2nd Reading -Adopt Ordinance No. 1547, being- an Ordinance for Erosion Control. Nawrocki questioned the impact on individual properties. Hansen stated this is a storm water requirement for erosion control through construction and post construction requirements and inspections. This ordinance allows enforcement of requirements. Hansen stated the requirements begin at 50 cubic yards on a developed site and 500 cubic yards for an undeveloped site, and would be part of the building permit 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: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1547, being an ordinance pertaining to Erosion and Sediment Control. Upon vote: All ayes. Motion carried. This Ordinance may be found at the end of the document. D. Adopt Resolutions 2008-140 1635 49th Avenue N.E., 2008-141, 3853 Jackson Street N.E., 2008-142 4237 2nd Street N E 2008-143 3931 Jackson Street N.E. 2008-144 3975 Jackson Street N.E. and 2008-145 3915 Uiysses Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights• Fire Chief Gary Gorman listed violations on the abatement properties: 1635 49th - torn/missing screens 4237 2°d -broken window/outside storage 3931 Jackson -removal of debris from property 3975 Jackson -vacant property with debris 3915 Ulysses -repair holes in the overhead garage door. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2008-140, 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 Resolution Number 2008-140, 142, 143, 144, City Council Minutes Monday, June 23, 2008 Page 9 of 31 145, being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolutions may be found at the end of this document. E. Adopt Resolutions 2008-146 3911 Van Buren Street N.E., 2008-147, 3959-61 Poik Street N.E., 2008-148 4502 Washington Street N.E. 2008-149, 4509 Fillmore Street N.E., and 2008-150, 1307-1309 Circle Terrace Blvd. N.E. being Resolutions of the City Council of the Cit~of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Code. Fire Chief Gary Gorman listed properties failing rental license requirements. 3911 Van Buren -peeling paint on garage and bare yard 3959-61 Polk Street -failure to submit housing rental license fees 4502 Washington -paint and scrap garage 4509 Fillmore -stone door and outside storage Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-146, 147, 148, 149, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution Numbers 2008-146, 147, 148, 149, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Nawrocki referred to a letter received about time spent checking grass. He pointed 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. ADMINISTRATIVE REPORTS Report of the City Manager July 7, 2008 work session items: • Honeywell -study of Murzyn 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 look 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. • Clean up necessary at Grand Central Lofts long the property lines. Peterson suggested he contact staff with his concerns. • Newsletter -include information on the upcoming elections and the budget process. • Requested more information be available to the public on the residential inspection program, in the city newsletter, before the program is implemented. • Questioned where we are on the rental moratorium, as it is affecting property sales. Fehst stated that information is being gathered. City Council Minutes Monday, June 23, 2008 Page 10 of 31 Report of the City Attorney -nothing to report CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, questioned the extent, requirements, and cost of the residential inspection before sale program as this could be a financial hardship to baby boomers about to retire. Fehst stated that the main intent is safety and health issues and in most cases the improvement requirements would be small items. He addressed the need to improve our housing stock. There are some 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 90 days. Peterson referred to the home at 4011 6th Street, which the city just purchased for $1. It was the market for $95,000 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 description of what health and safety means. Hoeft stated that would be available before the second reading. Mary Marth, rental property owner of 4619 Tyler, indicated concerns with other rental property owners in the area regarding non-compliance 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, or loud 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 CORNER Keizenberg -Enjoy the Jamboree! Diehm -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 them the best of luck. ADJOURNMENT or Peterson adjourned the meeting at 9:52 p.m. ~~~~ Patricia Muscovitz CMC City Clerk/Council Secretary RESOLUTION 2008-137 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008 and 2009; City Council Minutes Monday, June 23, 2008 Page 11 of 31 WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008 and 2009 for IAFF bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. CITY OF COLUMBIA HEIGHTS PROPOSAL TO IAFF (FIREFIGHTERS) 1. ARTICLE XVIII INSURANCE 18.1 The EMPLOYER will contribute up to a maximum of six hundred sixty-five dollars ($665) per month per (permanent and probationary full-time) employee for calendar year 2008 for group health and group dental, including dependent coverage, and employee life insurance. 18.2 The EMPLOYER will contribute up to a maximum of seven hundred and five dollars ($705) per month per (permanent and probationary full-time) employee for calendar year 2009 for group health and group dental, including dependent coverage, and employee life insurance. 18.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group dental, and group life insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 2. ARTICLE XXIII DURATION 23.1 This AGREEMENT shall be effective as of the first day of January, 2008, unless otherwise noted, and shall remain in force and effect until the thirty-first day of December, 2009. In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. 3. ARTICLE XXIV WAGES 24.1 2008 Wage Schedule Effective January 1, 2008: 40-Hour 56-Hour After Level Work Schedule Work Schedule Classification: Firefighter Start to Twelve Months Recruit Firefighter $22.38/hour $15.99/hour 80% of Journeyman Firefighter rate Twelve Months Firefighter I $23.77/hour $16.99/hour 85% of Journeyman Firefighter rate Twenty-Four Months Firefighter II $25.17/hour $17.99/hour 90% of Journeyman Firefighter rate Thirty-Six Months Firefighter III $26.57/hour $18.99/hour 95% of Journeyman Firefighter rate Forty-Eight Months Journeyman Firefighter $27.97/hour $19.99/hour 40-Hour 56-Hour After Level Work Schedule Work Schedule Classification: Captain Start to Six Months Captain I $29.09/hour $20.77/hour (96% of Captain III) Six Months Captain II $29.69/hour $21.21/hour (98% of Captain III) Twelve Months Captain III $30.30/hour $21.64/hour 24.2 2009 Wage Schedule Effective January 1, 2009: 40-Hour 56-Hour After Level Work Schedule Work Schedule Classification: Firefighter Start to Twelve Months Recruit Firefighter $23.16/hour $16.55/hour 80% of Journeyman Firefighter rate Twelve Months Firefighter I $24.61/hour $17.59/hour 85% of Journeyman Firefighter rate Twenty-Four Months Firefighter II $26.06/hour $18.62/hour 90% of Journeyman Firefighter rate Thirty-Six Months Firefighter III $27.50/hour $19.66/hour 95% of Journeyman Firefighter rate City Council Minutes Monday, June 23, 2008 Page 12 of 31 Forty-Eight Months After Classification: Captain Journeyman Firefighter Level $28.95/hour 40-Hour Work Schedule $20.69/hour 56-Hour Work Schedule Start to Six Months Captain I $30.11/hour $21.50/hour (96% of Captain III) Six Months Captain II $30.73/hour $21.95/hour (98% of Captain III) Twelve Months Captain III $31.36/hour $22.40/hour 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 classification. 24.5 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward aCity-sponsored deferred compensation program for every $1 contributed by such employee toward such City- sponsored deferred compensation program. Such employer contribution will not exceed $375 for calendar year 2008, and $400 for calendar year 2009. RESOLUTION N0.2008-138 FIRST AMENDMENT TO 'TIS AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ("Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown Central Business District Revitalization Plan ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper") entered into a into a Contract for Private Redevelopment dated as of October 25, 2004 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03 The parties on August 1, 2007 agreed and entered into an Amended and Restated Contract for Private Redevelopment. 1.04. The parties have determined a need to Amend the August 1, 2007 agreement, as stated in 1.03 and therefore has caused a need to prepare a First Amendment to the Amended and Restated Contract for Private Redevelopment (the "Amended Contract"). 1.05 On June 16, 2008 the Authority approved the Amended Contract. 1.06. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. Cit~pproval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION N0.2008-139 A RESOLUTION AWARDING THE SALE OF $975,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A; FDCING 'T'HEIR FORM AND SPECIFICATIONS; DIl2ECTING TI-3EIR EXECUTION AND DELNERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. Background. The City has previously established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") in order to facilitate certain housing improvements (the "Housing Improvements") to property known as the Sullivan Shores Townhouses. The City Council has previously imposed a housing improvement fee (the "Housing Fees") on housing units located in the Housing Improvement Area in order to finance the Housing Improvements. 1.02. Authorization. Minnesota Statutes, Sections 428A.11 through 428A.21 and Chapter 475, as amended, authorize the City to issue bonds in the amount necessary to defray the costs of the Housing Improvements, which costs are payable primarily from the Housing Fees and maybe further secured by the pledge of the City's full faith, credit and taxing power. City Council Minutes Monday, June 23, 2008 Page 13 of 31 1.03. Award to the Purchaser and Interest Rates. The proposal of Northland Securities, Inc. (the "Purchaser") to purchase $975,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $963,378.00, for Bonds bearing interest as follows: Term Bonds due February 1, 2013 at 5.00%. Term Bonds due February 1, 201 S at S.2S%. Term Bonds due February 1, 2017 at S.SO%. Term Bonds due February 1, 2019 at S.7S%. Term Bonds due February 1, 2021 at 6.00%. Term Bonds due February 1, 2024 at 6.05%. True interest cost: S.9S68%. 1.04. Purchase Contract. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and the City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.OS. Terms and Principal Amounts of the Bonds. The City shall forthwith issue and sell the Bonds in the total principal amount of $975,000, originally dated July 16, 2008, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature on February 1 in the years and amounts as follows: Term Bonds due February 1, 2013 in the aggregate principal amount of $185,000. Term Bonds due February 1, 201 S in the aggregate principal amount of $110,000. Term Bonds due February 1, 2017 in the aggregate principal amount of $125,000. Term Bonds due February 1, 2019 in the aggregate principal amount of $135,000. Term Bonds due February 1, 2021 in the aggregate principal amount of $1SS,000. Term Bonds due February 1, 2024 in the aggregate principal amount of $265,000. 1.06. 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 6 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. 1.07. 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 Principal Amount February 1, 2013 Term Bonds 2010 $40,000 2011 45,000 2012 50,000 2013 (maturity) 50,000 2015 Term Bonds 2014 SS,000 2015 (maturity) SS,000 2017 Term Bonds 2016 60,000 2017 (maturity) 65,000 2019 Term Bonds 2018 65,000 2019 (maturity) 70,000 2021 Term Bonds 2020 75,000 2021 (maturity) 80,000 2024 Term Bonds 2022 85,000 2023 85,000 2024 (maturity) 95,000 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 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof; is payable by check or draft issued by the Registrar described herein. 2.02. Dates: Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2009, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. City Council Minutes Monday, June 23, 2008 Page 14 of 31 2.03. Registration. The City will appoint, and shall maintain, 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) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are sun•endered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (fj Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) 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 any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Re ig strar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed defmitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. _ Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: No. R- $ City Council Minutes Monday, June 23, 2008 Page 15 of 31 ' UNITED STATES OF AMERICA, STATE OF MINNESOTA, COUNTY OF ANOKA, CITY OF COLUMBIA HEIGHTS, TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A Date of Interest Rate Maturi Oripinal Issue CUSIP February 1, 20_ July 16, 2008 Registered Owner: Cede & Co. 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 for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2009, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United 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, 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 maybe in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments will be at a price of par plus accrued interest. 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 Principal Amount February 1, 2013 Term Bonds 2010 $40,000 2011 45,000 2012 50,000 2013 (maturity) 50,000 2015 Term Bonds 2014 55,000 2015 (maturity) 55,000 2017 Tenn Bonds 2016 60,000 2017 (maturity) 65,000 2019 Term Bonds 2018 65,000 2019 (maturity) 70,000 2021 Term Bonds 2020 75,000 2021 (maturity) 80,000 2024 Term Bonds 2022 85,000 2023 85,000 2024 (maturity) 95,000 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. This Bond is one of an issue in the aggregate principal amount of $975,000, all of like original issue date and tenor, except as to number, maturity date, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 23, 2008 (the "Resolution"), for the purpose of providing money to aid in financing various housing improvements within a housing improvement area in the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 428A.11 to 428A.21, and Chapter 475, as amended, and the principal hereof and interest hereon are payable primarily from certain housing improvement fees levied or to be levied on property within the housing improvement area in which the housing improvements are located, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's 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 sun•endered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. City Council Minutes Monday, June 23, 2008 Page 16 of 31 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 shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the City's home rule charter to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. 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. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Gust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT 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 For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby in•evocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. 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(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. 3.02. Approving Legal Opinion. The City Clerk shall obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Securiiy: Pledges and Covenants. 4.01. Funds and Accounts. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the purchasers and holders of the Bonds from time to time, there is hereby created a separate special fund of the City to be 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: (a) The Project Fitrzd, 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 properly 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 costs of the Housing Improvement Area. The balance of funds in the Project Fund shall be disbursed to pay the costs of the Housing Improvements in accordance with the terms of the Development Agreement, between the City and Sullivan Shores Townhouses Association, Inc. (the "Association"), dated as of May 12, 2008 (the "Development Agreement"), and the Disbursing Agreement between the City, the Associafron and Commercial Partners Title, LLC, dated as of March 12, 2008. Interest earnings from moneys in the Project Fund shall be credited to the Project Fund. (b) The Costs of Issuance Fund, into which fund will be deposited proceeds of the Bonds in the amount of $24,679.92, which amount will be used solely for the purpose of paying costs of issuance of the Bonds. The City authorizes the Purchaser to forward amounts in the Costs of Issuance Fund allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers and Associates, Inc. Any other administrative costs shall be disbursed upon presentation to the City of proper invoices for such costs. Any balance remaining in the Costs of Issuance Fund after 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 hereafter created. (c) The Debt Service Fund, into which fund will be deposited from Bond proceeds 29,788.96, which represents capitalized interest through February 1, 2009, together with Housing Fees in the amount necessary to pay when due the principal and interest on the Bonds. Interest earnings from moneys in the Debt Service Fund shall be credited to the Debt Service Fund. City Council Minutes Monday, June 23, 2008 Page 17 of 31 (d) The Special Reserve Fund, into which fund will be deposited proceeds of the Bonds in the amount of $50,000. Amounts in the Special Reserve Fund shall be applied and disbursed in accordance with the Development Agreement. Interest earnings from moneys in the Special Reserve Fund shall be credited to the Surplus Fund hereafter created. (e) The Surplus Fund, into which fund will be deposited all Housing Fees in excess of the amounts required to be deposited into the Debt Service Fund and the Project Fund under this Section. Amounts in the Surplus Fund shall be applied and disbursed in accordance with the Development Agreement. Interest earnings from moneys in the Surplus Fund shall be credited to the Surplus Fund. 4.02. Deposit of Funds. Money in the funds and accounts created by this Resolution will be kept separate from other municipal funds and deposited only in a bank or banks which are members of the Federal Deposit Insurance Corporation ("FDIC"). Deposits which cause the aggregate deposits of the City in any one bank to be in excess of the amount insured by FDIC must be continuously secured in the manner provided by law for the investment of municipal funds. In the event excess moneys are held in any of the funds created pursuant to Section 4.01 of this Resolution, such excess moneys shall be applied and disbursed in accordance with the Development Agreement. 4.03. Covenants Regarding Housing Improvements. The City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Housing Fees for the Housing Improvements in the Housing Improvement Area to be promptly levied against housing units in such Area so that the first installment 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 required under the Development Agreement for the construction of the Housing Improvements fmanced wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Housing Fees and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Housing Fees (after taking into account any revenues collected or anticipated to be collected under the Development Agreement), the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing receipts and disbursements in connection with the Housing Improvements, Housing Fees levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, and monies on hand. 4.04. No Tax Lew Required. It is hereby determined that the estimated collections of Housing Fees for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds, and that no tax levy is needed at this time. 4.05. County Auditor's Certificate as to Re isg tration. The City Clerk is authorized and directed to file a certified copy of this Resolution with the Director of Property Records and Taxation and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to 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, shall be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Manager and the City Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Book-Entry System; Limited Obligation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.05 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this Section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC 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 the Paying Agent. 6.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all City Council Minutes Monday, June 23, 2008 Page 18 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. 6.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will 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 Bond Registrar will authenticate Bond certificates in accordance with this Resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 6.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. Section 7. Continuing Disclosure. 7.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, and Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 7.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 8. Defeasance. When all Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full 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. ORDINANCE NO. 1550 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT ]N THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. §9.113 OVERLAY DISTRICTS. (C) Shoreland Managen¢ent Overlay District. (1) Propose. (a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in Minn. Stat. Ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in Minn. Stat. Ch. 462. (c) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in Section 9.113 (C)(4)(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code. (d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations. (e) District application. The shoreland overlay district shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the shoreland overlay district shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. (f) Exemptions. (g) A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to Section 9.105 of this Code. 1. A properly located within the Shoreland Overlay District that does not drain into a body of water listed in Section 9.113 (C)(4)(b). (2) District Bou~sdm•ies. The boundaries of the shoreland overlay district within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in Section 9.113 (C)(4)(b) of this Code. The specific boundaries of the Shoreland Overlay District are shown on the official Columbia Heights Shoreland Overlay District Map in the Columbia Heights Zoning Code. (3) Defirsitio~zs. For the purpose of this Chapter, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to". City Council Minutes Monday, June 23, 2008 Page 19 of 31 For the purpose of this district, the following definitions shall apply: (a) Accessory Bzrildirzg. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. (b) Comnzissiorz. The City of Colzanbia Heig/zts Plarzrzirzg Corrznzissiorz. (c) Commissioner. The Conznzissiorzer• of the Department of Natural Resources of the State of Minnesota. (d) Council. The Columbia Heights City Council. (e) Development. The making of arty material change in the use or appearance of any structure of land including recorzstrzrction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a conrrnerzcemerzt of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as arz adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two (2) or more parcels. (fl Lrrpervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increase rate of jlow than existed prior to development. Exmnples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads mzd gravel areas. (~ Lot Coverage. The amount of impervious surface on a lot. (lz) Ordinary High Ylfater Level. Minnesota State Statute 103G.005, subdivision 14 defines ordinary high water level as the boundary of waterbasins, watercozo•ses, public waters, and public waters wetlands and: 1. the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominately aquatic to predominately terrestrial; 2. for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. 4. (i) Slzor•elarzd. Shoreland means land located within the following distances from the ordinary high water elevation of public waters: 1. land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 2. land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. (i) Shor•e Lnpact Zorze. The area between the or•direary high water mark mzd fifty (50) feet inland from the ordinmy lziglz water mark (j) Sh•uctur•e. Anything constructed or erected which reguires location on or underground or attachment to something having location on or underground. This includes an edifice or building of arzy kind, or any piece of work artificially built up or composed of parts joined together irz some definite nzarzner, whether of a temporary or permanent character. (4) Shoreland Classification System. (k) Public waters. The public waters of Columbia Heights have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected I~Vaters Inventory Map for• Arzoka Coznzty, Minnesota. (I) Official Map. The Shoreland permit district for the waterbodies listed below shall be shown on the Columbia Heights Map. Recreational Development Lakes Protected l~T~aters bzventory LD. # Silver Lake 83P General Development Lake Protected Waters bzverztory LD. # Sullivan Lake 80P Highland Lake 79P Hart Lake 81P Clover Pond 686W LaBelle Pond 687P (5) Administration. (a) Building Permit Required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this Code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the City, accompanied by a fee as set forth in Chapter 6, Article II of the City Code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with Section 9.104 (G) of this Code. A variance may not circumvent the general purposes and intent of 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 9.014 (H) of this Code. Conditional Use Permits are required to ensure specific development standards within the Shoreland Overlay Districts. (d) Notifications to the Department of Natural Resources. 1. Public Hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the City to the commissioner or the commissioner's designated representative and postmarked within ten days of the final action. (6) Land Use Disd•ict Descriptions. (a) Allowed land uses within the shoreland district shall be determined by the underlying zoning district, as listed within Chapter 9 of the City Code. (7) Lot Area and Width Standards. City Council Minutes Monday, June 23, 2008 Page 20 of 31 (a) Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the City Code. (8) Placement, Design, and Height of Structures. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site in not located in a shore impact zone. Structures shall be located as follows: ' 1. Required Setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. Ordinary Higlz id~ater Level 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. Heig/zt of Structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the City Code. (b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve Shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetatiozz alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: (m) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Bz~ildirzg permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Co~zditiorzal Use Permit. Notwithstanding (2) above, a Conditional Use Permit will be required for those properties located in the Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-1, R-2A or R-2B. b. Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped properly zoned R-1, R-2A or R-2B. c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d. Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, MXD, or PO. 4. Lazzd alteration permit. Notwithstanding (2) above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 4. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): (i) Sediment and pollutant trapping and retention. (ii) Storage of surface runoff to prevent or reduce flood damage. (iii) Fish and wildlife habitat. (iv) Recreational use. (v) Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to 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. Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minn. Stat. 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three (3) feet horizontal to one (1) foot vertical, the landward extent of the rip rap is within ten (10} feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three (3) feet. Must be done in accordance with other State and Federal regulations. A permit from the DNR is required. City Council Minutes Monday, June 23, 2008 Page 21 of 31 5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stonnwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards. a. Impervious surface lot coverage shall not exceed thirty-five percent (35%) of the lot area for all zoning districts with exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed ninety percent (90%). These requirements maybe amended through the variance process and shall comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this Code. (ii) The lot shall be served with municipal sewer and water. (iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the City Code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the following: A. Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris guards and microsilt 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 down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the faeld office technical guide for the local soil and water conservation districts. c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Norzcozzfoz•»zities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to Section 9.105 of this Code with the following exceptions: a. Decks are allowed as a conforming use provided all of the following criteria and standards are met: (i) The principal structure existed on 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 often (10) feet into the Shore Impact Zone. (9) Public Nuisance: Penalty (a) Any person who violates any provisions of this district or fails to comply with any of its. terms or requirements shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this Chapter is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1547 BEING AN ORDINANCE PERTAINING TO EROSION AND SEDIMENT CONTROL The City of Columbia Heights does hereby establish Section 9.106(Q) Erosion and Sediment Control of Chapter 9, Article 1, of the City Code to read as follows: (Q) Erosion and Sediment Control (1) PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. City Council Minutes Monday, June 23, 2008 Page 22 of 31 As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Columbia Heights. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Columbia Heights. This ordinance is to be used in supplement to the City Zoning Code, Chapter 9.106 and to any other regulations as required by state agencies. (2) DEFINITIONS (a) As-Built Plans Record drawings of approved and as constructed improvements. (b) Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. (e) City Engineer A registered professional engineer with the State of Minnesota who has received training and is given authority by the City of Columbia Heights to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. (d) Clearing Any activity that removes the vegetative surface cover. (e) Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. (f) Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. (g) Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. (h) Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. (i) Erosion Control Inspector A designated agent given authority by the City of Columbia Heights to inspect and maintain erosion and sediment control practices. (j) Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. (k) Final Stabilization: All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; (I) Grading Excavation or fill of material, including the resulting conditions thereof. (m) Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". (n) Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Columbia Heights "Zoning Ordinance" and City SWPPP. (o) Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. (p) National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. (q) Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. (r) Permanent Cover Final site stabilization. Examples include turf, gravel, asphalt, and concrete. (s) Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. (t) Zoning Ordinance City Code detailing City specifications for all plan requirements. (u) Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Columbia Heights or other state or federal agency. City Council Minutes Monday, June 23, 2008 Page 23 of 31 (v) Rough Grade Excavation or fill of material to a condition suitable for general maintenance. (w) Sediment Control Measures and methods employed to prevent sediment from leaving the site. (x) Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. (y) Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. (z) Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. (aa) Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; (bb) Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. (ee) Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. (dd) Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. (ee) 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 or to the public storm drain. (gg) Water Conveyance System Any channel that conveys surface runoff throughout the site. (hh) Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. (3) PERMITS (a) APPROVAL: No person shall be granted a Grading Permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of 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. 2. 500 cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway (b) EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. (c) APPLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by the City's Zoning ordinance and paragraph (d) below. 3. A Grading, Erosion and Sediment Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Erosion and Sediment Control Plan. (d) SECURITY: 1. The permittee will be required to file with the City of Columbia Heights an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. City Council Minutes Monday, June 23, 2008 Page 24 of 31 a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Columbia Heights. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the cun•ent City ordinance for fee schedule. b. The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) PROCEDiJI2E: The City of Columbia Heights will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Columbia Heights requires complete application no less than fifteen (1 S) working days in advance of the desired Grading Permit date. Upon complete application, the City of Columbia Heights shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Columbia Heights Zoning Ordinance. (4) GRADING, EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS (a) PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Columbia Heights. The Grading, Erosion and Sediment Control Plan shall comply with all of the NPDES General Storm Water Permit requirements for temporary erosion control, final stabilization and permanent water quality and include the following as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Columbia Heights Zoning Ordinance. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner of this regulation, may be authorized by the City of Columbia Heights by written authorization to the permittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Columbia Heights. b. Field modifications of a minor nature. (5) CONSTRUCTION REQUIREMENTS (a) CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Zoning Ordinance. 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Columbia Heights. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Columbia Heights may require the site to be reseeded or a nonvegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a'70 percent coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. City Council Minutes Monday, June 23, 2008 Page 25 of 31 (b) WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. (c) POLLUTION PREVENTION 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. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. (6) INSPECTION (a) NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. (b) PROCEDURE: The Applicant shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Columbia Heights at least two working days before the following: 1. Installation of sediment and erosion measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out (c) MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. (d) PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Columbia Heights at the time interval specified in the approved permit. (e) AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. (7) SITE MAINTENANCE (a) RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. (b) LAPSE: If the Grading permittee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Sediment and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. 1. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. 2. If the Developer does not reimburse the City for any cost the City incurred beyond that covered by the deposit, for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. (8) CERTIFICATION (a) APPROVED GRADING, EROSION & SEDIMENT CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the approval of the City Engineer shall be maintained at the site during the progress of the work. (b) AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Erosion and Sediment Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Columbia Heights Zoning Ordinance. (c) PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Site Development Plan are on 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 Engineer. (d) REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Columbia Heights Zoning Ordinance for specifications. (9) ENFORCEMENT City Council Minutes Monday, June 23, 2008 Page 26 of 31 (a) STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. 1. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Columbia Heights may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of Site Development or building permit. 2. The City of Columbia Heights City may draw down on the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (30) day period or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this Paragraph. (b) VIOLATION AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. (10) SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. RESOLUTION 2008-140 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Abdi O. Erbob (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1635 49`i' Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 2, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on October 22, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 2008 inspectors re-inspected the properly listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 11, 2008 inspectors reinspected the properly 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 any torn screens on the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1635 49a' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the properly 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 I. The property located at 1635 49"' Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-142 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Lee & Tina Reinartz (Hereinafter "Owner of Record"). City Council Minutes Monday, June 23, 2008 Page 27 of 31 Whereas, the owner of record is the legal owner of the real property located at 4237 2°d Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 5, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 28, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 5, 2008 inspectors re-inspected the properly listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 11, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace the broken window on the back of the garage and shall remove alUany outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4237 2°d Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4237 2"a Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-143 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Stephen Burson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3931 Jackson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 3, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 22, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 3, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the properly records. 3. That on June 12, 2008 inspectors reinspected the properly 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 alUany trash-garbage-debris from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3931 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings City Council Minutes Monday, June 23, 2008 Page 28 of 31 relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3931 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. RESOLUTION 2008-144 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 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 27, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 13, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on May 27, 2008 inspectors re-inspected the properly listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 11, 2008 inspectors reinspected the properly 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 alUany outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3975 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER 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. RESOLUTION 2008-145 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Tracie White-Hobson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3915 Ulysses Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 2, 2008 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 31, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property City Council Minutes Monday, June 23, 2008 Page 29 of 31 records. 3. That on June 11, 2008 inspectors reinspected the properly 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 record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 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 at 3915 Ulysses Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-146 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Svitlana Moore (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3911 Van Buren Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2008 of an public hearing to be held on June 23, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 11, 2007 inspectors for the City of Columbia Heights inspected the property described above and noted six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 26, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 3, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A seasonal extension letter was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That on June 2, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That on June 19, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 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 or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8595 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-147 City Council Minutes Monday, June 23, 2008 Page 30 of 31 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Walter Caughey (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3959-3961 Polls Street. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2008 of an public hearing to be held on June 23, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, 2008 inspection office staff sent a letter requesting the owner of the properly to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 12, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the properly 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 Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8372 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-148 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by L & P Asset Holdings, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4502 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 4, 2008 of an public hearing to be held on June 23, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 11, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 28, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 10, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A extension letter was mailed via regular mail to the owner at the address listed on the rental housing license application. The seasonal extension letter gave a June 4, 2008 deadline for have all violations repaired. 4. That on June 4, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall scrape and paint the garage. 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of City Council Minutes Monday, June 23, 2008 Page 31 of 31 this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8836 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-149 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4509 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 5, 2008 of an public hearing to be held on June 23, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 24, 2008 inspectors for the City of Columbia Heights inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 5, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on June 11, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall replace the missing storm door and shall remove alUany outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8567 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder.