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July 28, 2008 Regular
CITY OF COLUMBIA HEIGHTS 590 40'" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 V'tisitaurwebsiteat: iwww.c::cu[umhuz-hezx~?ts.~~.ue ~ Garv L. Peterson Councilmembers Robert A. Williams Bruce Nawr•ocki Tammera Diehm Bruce h'el_enberg Citv Mananer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, July 28, 2008, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. _ _-- The City af Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upan request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Lorraine Mell, Immaculate Conception Church. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS PRESENTATIONS. RECOGNTTION, ANNOUNCEMENTS t~Nl) GUESTS A. Reco~nition of Fire Explor~r Awards Earne~ ~n Cemgeti+ion 5. CONSENT AGENDA (These items are considered ta be routine by the City Council and will be enacted as part of the Consent ~4genda by one motion. Items removed from cansent agenda approval will be taken up as the next order of business.) A. Aoprove Minutes ofthe Julv 14 2008 Colu~nbia Hei hts Citv Council Meeting p' S MOTION: Move to approve the minutes of the July 14, 2008 City Council meeting. B. Accent Minutes of the Columbia Heights Boards and Commissions p.23 MOTON: Move to accept the minutes ofthe Parkand Recreation Commission meeting ofJune 25, 2008. C. Accept Work and Authorize Final Pavment for Sanitary and Storm Sewer Lining, Project 0604 p~28 and 0704 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 0604 and 0704, and to authorize final payinent of $92,023.75 to Visu-Sewer Clean and Seal, Ine. of Pewaukee, Wisconsin. City Council Agenda Nlonday, July 28, 2008 Page 2 of 4 D. Authorize Chan~e Order No. 1 and Final Pavment for the Miscellaneous Concrete Proiect #0700 p- 3a MOTION: Move to authorize Contract Change Order No. 1 for additional work added to the C~~tI'~C~ ~~/ ti1~, ~~,ii~' ~Q R~`3E"i ~c`£3~t`~ ~OitS~iiE.iC~iit}ii, ~iilC. Iii ~iila°, cc`i~i"iv^Ltit~ Ci~,~p.2i3~~~i~.~r~ Jv'I~i2 itiiltiiTig out of the appropriate funds. MOTION: Move to accept the work for 2007 Miscellaneous Concrete Repairs and Installations, City Project #0700 and authorize final payment of $ l 0,542.82 to Ron Kassa Construction, Inc. af Elko, Minnesota. E. Desig~nate "No Parking" on SOth Avenue West ofCentral Avenue p' ~6 MOTION: Move ta designate "No Parking" on SOth Avenue from Central Avenue to 225' West of Central Avenue. F. Approve the Transfer of Funds from General Fund ta Police Department 2008 Budget Overtime p~ 37 Line # 1020 M~TIC)N: Move to transfer $6,955.99 ($4,855.23 fram the Anaka County DWi Task Force and $2,104.'76 from the State of Minnesota for Safe and Sober) to the Police Department 2008 Budget line #1020 Overtime. G. Adopt Resolution No. 2008-161, Establishin~ Compensation Rates for Paid-on-Call Firefi ng ters p' 4s MOTION: Move to waive the reading of Resolution No. 2008-161 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-161, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective January 1, 2008. H. Adopt Resolution 2008-162, Authorizing the Execution of A~reement and Participation in the Safe and Sober Communities Grant Program p. 47 MOT10N: Move to waive the reading of Resoiution 2008-162, there being ample copies available for the public. MOTTON: Move to adopt ResolLition 2008-162, authorizing the execution of agreement and participation in the Safe and Sober Communities grant program. Adopt Resolution 2008-166, Being a Resolution Ainending Certified Levy for Project 0502 p' 49 MOTION: Move to waive the reading of Resolution No. 2008-166, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-166, being a Resolution amending the certified levy for 2006-Z1-44-001 and 2006-Z1-44-002, removing the United States Postal Service property at 940 44th Avenue NE, PIN 36-30-24-22-0107 from assessment roll. J. Approve Attached List of Rental Housin~ License Applications p. 5i MOTION: Move to approve the items listed for rental housing license applications for July 28, 2008. City Council Agenda Monday, July 28, 2008 Page 3 of 4 ~. Approve Business License A~plications P. ss MOTION: Move ta approve the items as listed on the business license agenda far July 28, 2008, as ~reser,te~. La Approve Pavment of Bills p. s~ MOTION: Move to approve the payment of bills, check #126618 through check #126805. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Second Readin~ of Ordinance No. 1548, Pertainin~ to the Residential Inspection Before Sales p~ 6s Fro r~am (RIBS~ MOTION: Move to waive the reading of Ordinance No. 1548, there being an ample amount of copies available to the public. MOTION: Move to Adopt Ordinance No. 1548, an Ordinance Amending the City of Columbia Heights Code by adding language establishing the r~quir~m~nts of th~ Colurnbia Heights Residential lnspection Before Sales Program. B. Adopt Resoution 2008-163, Being; Deelaration of Nuisance and Abatement of Violations at p~ e4 4513-15 Tavlor Street N.E. Within the Citv of Columbia Heig~hts MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-163, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-163, being a resolution ofthe City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. C. Adopt Resolution 2008-164, Being a Resolution ofthe City Council ofthe Citv ofColumbia P" 87 Heights Approvin~ Rental License Revocation at 1140-42 45th Avenue For Failure to Meet the Requirements ofthe Propertv Maintenance Codes MOT10N: Move to close the public hearing and to waive the reading of Resolution Number 2008-164, being ample copies available to the public. MOTION: Move to adopt Resolution Number 200&164, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe rental license listed. D. Adopt Resolution 2008-165, Being a Resolution Ordering and Levyin~ Two Alle~ig~hts p~ 90 MOTION: Move to waive the reading of Resolution No. 2008-165, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-165, being a Resolution ordering and levying one alley light located between 1320 and 1328 41 st Avenue, known as PIR 677-40; and ordering and levying one alley light located behind 4020 Reservoir Boulevard, known as PIR 6~7-41. City Counci( Agenda Monday9 July 28, 2008 Page 4 of 4 7o ITEMS FOR CONSIDEI2ATION A. Other Ordinances and Resolutions i j~~ia~,i ~~svi~it~c,r~ 2G08-i6~. A~~uvin~ P~c~~e~ty i ax ~i'~atet~ne~t ~Celated ta ~~nic~r,~iousin~ ~. ~; Improvements and Approvin~ the First Amendment to Contract for Private Redevelopment(New Pers~ective Senior Living,~ MOTION: Move to waive the Reading of Resolution 2008-168, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2008-16&, a Resolution approving Property Tax Abatement Related to Senior Housing Improvements and Approving the First Amendment to Contract for Private Redevelopment; and furthermore, to authorize the Mayor and City Mana~er to enter into an agreement f~r th~ sam~. 2} Adopt Resolution 2008-169, Being a Resolution Adoptin~ Fees for the Residential Inspection p• 111 Before Sales Pro rg am (RIBS~ MOTION: Move to waive the reading of Resolution No. 2008-169, there being an ample amount of copies available to the public. MOT10N: Move to Adopt Resolution No. 2008-169, being a Resolution adopting fees for the Residential Inspection Before Sale Program. B. Bid Considerations C. Other Business 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items i~ot on the regular agenda. Ci~izens are requesYed to iimiC tneir comments to five minutes. Anyone who w~uld iike to speak shall state his/her narne and address for the record. 10. COUNCIL COP:NER 11. ADJOITRNMENT Linda L. Magee, Acting City Manager LLM/cjb 4 OFFICIAL PI20CEEDII~GS CITY OF COLUMBIA HEIGH'FS CITY COUNCIL MEETING JULY 14, 2008 The following are the minutes for the regular meeting of the City Cauncil held at 7:00 p.m. on Monday, Jiiiy 14, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ruth Hograbe, Community United Methodist Church gave the Invocation. Present: Mayor Peterson, Councilmember w, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDG~ ~I` ALI.E~IAI~~~ - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added a Request for Out of State Travel far Councilmember Kelzenberg and himself, which he placed under item C 1- other business. Mayor Peterson removed Resolutions 2008-158 far 3723 Jackson Street, 2008-152 for 666 40`n Avenue, and 2008-151 for 1308-1310 Circle Terrace Blvd. in that the properties have been brought in to compliance. Nawrocki added discussion on the gym and the 2007 Audit. Peterson indicated they could be discussed under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOG1vITION, ANNOUNCEMENTS, GUESTS A. Recognition of term end far Charter Comrnission members Michael Hartel, Jirn Johnson, and Sc~t~ Kyseth Peterson indicated that Johnson and Kyseth were not present. He acknowledged Michael Harte['s eight years on the Charter ~ommission and stated thai he has neen the chair for the tast iour years. Peterson read the certificate of appreciation. I-lartel stated it was ~ f~st eight ye~rs a~ad th~t h~ l~arned a lc~t under Jim Haeft's tutelage and Carole Blowers hard work and Patty Muscovitz's help. He stated his pride to have served. B. Presentation of check by the Boosters Association Mark Vescio, CEO, Columbia Heights Athletic Booster Association, presented the Recreation Department with a$15,000 donation in support of youth activities and athletics to Keith Windschitl, Recreation Director. Windschitl thanked the organization for their continued generosity and support, and indicated the donation would allow a reduction in the cost for youth programs. Mark encouraged all parents of youth to join the Boosters for their monthly meetings held the third Wednesday of each month at Murzyn Hall. Windschitl indicated that the Booster's Golf Tournament spots have been filled. Fehst indicated that the Boosters have donated over $1,000,000 to local youth. He also thanked the organization. Kelzenberg commented on the two triple plays in one inning at the Jamboree tourpament and asked if this has ever happeiled before. Windschitl stated that the coach indicated that he had never before seen it happen and it will be written Lip in an articie, which he will get to Councilmember Kelzenberg. 5 City Council Minutes Monday, July 14, 2008 Page 2 of 18 Nawrocki stated that last Thursday, at Murzyn Hall, Liz Bray and the Recreation Departinent presented the play "Phantom of the Op'ry" with third through fifth grade participants. There were over 250 peopie in attendance. On August 6`" and 7`", the Moonshoe Piayers wi11 put on a play called "Who Kiiled Elvis". They are looking for anyone that might have an Elvis costume to loan them and asked that you contact Liz Bray at the Recreation Department. Nawrocki noted the passing of Ann Kramer, an active citizen of Columbia Neights. CONSENT AGENDA Nawrocki asked that item 4- Murzyn Hall renovatiar~ be removed for discussion. City 1Vlanager ~alt Fehsr took C~uncil mernbers through the eonsent agenda items: A. Approve minutes of the June 23, 2008 Columbia Hei htg s City Council meetin~ Motion to approve the minutes of the June 23, 2008 City Council meeting. B. Accept rninutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the Library Board meeting of June 3, 2008. Motion to accept the minutes of the Pianning and Zoning Commission of July 1, 2008. Motion to accept the minutes of the Park and Recreation Commission of May 7, 2008. C. Approve the Transfer of Funds from General Fund to Police Department Bud~et to Reimburse Overtime Fund Motion ta transfer $2,427.52 received from Unique Thrift Stores and $3,212.95 received from School District #13, a total of $5,640.47, from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. D. Approve the Transfer of Funds from General Fund to Police Denartment Budset Overtime Fund (I3TF funds) Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the first quarter of 2008 from the General Fund ta the Police Department 2008 Budget line # 1020 Overtime. E. Authorize intent to proceed to the next stage of the Murzvn Hall renovation pro'~ect. - removed for discussion. F. Establish a Public Hearin~ to consider an allev lis~ht based upon a petition received. Motion to establish Monday, July 28, 2008 at 7:00 pm. as a Public Hearing for consideration of an alley light behind 4020 Reservoir Blvd. G. Approval of the reissl~ance of the license to operate a rental unit(s) within the Citv of Columbia Heiahts at 1214-16 Cheery Lane N.E. Motion to issue a rental-housing license to Peter Sax to operate the rental property located at 1214-16 Cheery Lane N.E. in that the provisions of the residential maintenance code have been eomplied with. H. Approvai of the reissuance of the license to operate a rental unit(s) within the Citv of Columbia Heights at 563 38th Avenue N.E. Motion to issue a rental-housing license to Peter Sax to operate the rental property located at 563 38th Avenue N.E. in that the provisions of the residential maintenance code have been complied with. City Council Minutes Monday, July 14, 200& Page 3 of 1 & I. Approve Business License Applications Motian to approve the items as listed on the business license agenda for July 14, 2008 as ~~'~ScCi~~u, Fehst stated there is an out of state travel policy request for Mayor Peterson and Councilmember Kelzenberg for the National League of Cities conference in Orlando in November. J. Approve pavment 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 126365 through Check Number 126617 in the a~nount of $5,285,342.52e Motion by Williams, second by Diehm, to approve the Consent Agenda items with the exception of item E. Upon vote: All ayes. Motion carried. E. Authorize intent to proceed to the next sta~e of the Murzyn Hall renovation pro'lect. Nawrocki stated this action was premature. He spent two hours with staff inember Henry Henry, who was very helpful in reviewing the prablems. Nawrocki stated that he felt we should have at least one other proposal and referenced Johnson Controls. He questioned where the money would come from, and indicated the understanding that this would be a 15 year program to pay back the cost. There would be a reduction in the contract cost with Honeywell, if we continued with their contract. Williams suggested a study to see if we need to enlarge Murzyn Hall before proceeding with this spending. Fehst indicated that staff did entertaip other firms, which were willing to do the initial study; but they gave no guarantee for a savings in energy. The project would be about $1,000,000. Staff considered only replacing the air and heat units to eliminate freezing on the roof which has caused drainage into the facility. Fehst descri'~ed ather resupting issta~s, such as rotting wood and sheetrock. He indicated the advantages to look at energy savings far the entire buiiding. ~ipprovaI of this request would allow Honeyweil to submit only speci~ications and is not a contraet. Fehst referred to the excellent service Murzyn Hall has received from Honeywell. The engineering fees are only part of their total cost. They will g~t bids on the renovation work. The savings ~,~roz~ld ~e about $$,040 a year ~nd ~uo~al~ save ~!s $15,~40 ar~nually in maintenance costs. Repairs can be considered as pay now or pay later. Diehm stated it is important to Lmderstand this is a guaranteed savings program with a unique opportunity to enter into contracts that allows you to replace old, non-energy efficient equipment with equipinent that will save inoney in maintenance and energy consumption. By entering into this program we are guaranteed that we will recover the costs that it takes to install this equipment. We will receive regular reports and if we do not recognize the savings after the 1 S years, the contractor writes us a check. This allows us to get the equipment today, without borrowing our own money to proceed. This is a very worthwhile program. Diehm stated she had not realized how bad the issues at Murzyn Hall were. It is a facility that we rent out and shows who we are. It is disturbing to hear stories of weddings where the air conditioning did not work. Staff has worked with Honeywell since last November to put these figures together. Diehm is not opposed to more information, but does not see how we lose with a guaranteed savings. Waiting another nine to ten months for someone else to do a study would mean we would wait another year ta implement this program. There is a need to have the work done and move forward. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and City Manager to enter into City Council Minutes Monday, July 14, 2008 Page 4 of 18 an agreement with Honeywell indicating the City of Columbia Heights intent to proceed to the next stage of the Murzyn Hall renovation project. Nawrocki stated that you will not get another boiler that will last 69 years. There will also be annual costs to pay off. The savings would be the $15,000 reduction in the Honeywell contract, if we continue the contract; and savings in the energy consumption. Fehst referred to energy cost savings of $8,000 per year. Nawrocki stated that we do not know how rnuch of the walls will have to be replaced. He indicated that staff did not get anything in writing from Johnson Controls. We should get at least one other review of the facility. Nawrocki asked again where the funds would come from and wanted to be sure the work would be approved by Council before it is done. Upon vote: Kelzenherg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, abstain. 3 ayes, 2 abstentions. Motion carried. Peterson stated that he abstained as he was absent from the work session and would like to research this further. Nawrocki questioned what the lease purchase concept would be. Bill Elrite, Finance Director, indicated it would be a lease purchase agreement or bond sale next year, to cover the cost of the project. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations Resolution Awarding the Sate of $10,000,000 in General Obli~ation Public 5afetv Center Bonds, Series 200~8 Mark Ruff, Ehlers and Associates, indicated this bond sale was this morning. He gave the background of the ordinance process as authorized by City Charter. We worked with the Council on sizing the bond issue for optimal interest rates by staying at $10,000,000 or lower to take advantage of bank qualifcation allowed by the IRS. If the Council vvishes to go further with additional ~anancin~, they ~vc~uld h~ve tc go through the Chart~r provasion agai~a. There were seven bids received. The winning bid was Stifel, Nicolaus with a true interest cost of 4.49 percent. The City received an "A-1" rating from Moody's, which is the City's traditional rating. The low bidder did choose to purchase bond insurance, which means the underwriters paid the fee to upgrade these to an AAA rating. Costs were $1,000 less than projected for the underwriter fees and the cost of issuance was about $15,000 less than projected. Money will be taken from the bond issue to help pay for the first few intecest payments, timing the first fu11 payment with the decertification of the tax increment district. With the lower interest rate, the annual debt service is about $23,000 less or about $122,000 on average the first year and a little more than that the later years. The closing will be August 6`~'. Ruff reviewed the list of bidders and the updated debt service schedule. He indicated the bond resolution for review. The bond ratings agency and the bond purchasers applaud cities that work to improve tllemselves. Nawrocki stated that the taxpayers should be thanked as they will have to pay for this. Ruff explained the collection timing and indicated their job is to bring in the lowest interest rate for the approved project. Nawrocki questianed the splitting of the bond amounts, which Ruff clarified. C'ity Council Minutes Monday, July 14, 200& Page 5 of 18 Williams stated that our citizens should be grateful to do this now when the interest rate is low. ~1Ve will have a legal facility rather that the situation we have now. Diehm echoed his comments and referred to the excitement by the community toward this project. We as council, and staff, have moved ihe project forward quickly. Motion by Diehrn, second by VVilliams, to waive the reading of Resolution 2008-160, there being ampie copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2008-160 being a resolution awarding the sale of $10,000,000 in General Obligation Public Safety Center Bonds, Series 2~J0&~. Peterson thanked Mark Ruff for the good job he has done and accepted his compliment for council, staff, and the corrimunity for moving forward. It is nice to hear positive remarks fram outside of our area. Upon vote: All ayes. Motion carried. C. Other Business Authorization to seek bids for Public Safety Center Fehst stated that Randy Engle, Buetow and Associates, and Doc Smith, EDS were present. We are now ready to move forward on this project. There will be up to 20 contracts invoived. Doc Smith, Construction Manager, described the soil survey, soil borings, and boundary survey. It was determined that 10,000 yards of material needs to be removed dried and replaced. Doing this should save about $150,000. Bid requests are for earth work, concrete package, bituminous package for construction, and site lighting. Motion by Williams, second by Kelzenberg, ta authorize EDS to advertise for bids for the Columbia Heights Public Safety Center. 1~Vawrocki referred to his visits at the ~toomington and Champlin Foiice faciti~ies. H~ statcd nis feeling that we are over-sizing our facility for the police. The direction their city councii gave the architect was for a facility that would last 30-44 years, that would be fi,inetional, and eost effective. He would like to see the cost of the project brought down. Fehst stated that it is the requirement of the construction manager to look at alternate bids. He stated that he heard Champlin would now do some things differently than they did. If we can save more money and do the job well, we will. We will make the building as green as we can, including looking to geothermal heating, by Council direetion. Nawrocki this would be about an eight percent tax increase. Kelzenberg stated that our Police and Fire Chiefs are happy with this project. Kelzenberg questioned if we are already $150,000 ahead by drying out the soil. Srnith described the reason to dry the sail. Kelzenberg thank Smith for his work on this. Upon vote: Kelzenberg, aye; WiCliams, aye; Diehm, ~aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. City Conncil Minutes Monday, July 14, 2008 Page 6 of 18 Smith indicated his joy to work with this group, as they are very money conscious. Peterson asked when they would break ground. Smith indicated August 26`n PUBLIC HEARING5 Ae Continuation of New Persuective Senior Livin~ Tax Abatement (3801 Hart Blvd Motion by Williams, second by Kelzenberg, to continue the published July 14, 2008 Abatement Public Hearing, for the property located at 3801 Hart Boulevard, to the July 28, 2008 City Council meeting. Upon vote: All ayes. Motion carried. B. Adopt Resolutions bein~ declarations of nuisance and abatement of violations within the Cit ~~of Columbia Hei~hts. Fire Chief Gary Gorman described the deficiencies. Resolution 2008-153, 4251 Jefferson Street N.E. - repair and replace roof on a shed. Motion by Wiiliams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2008-153 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Number 2008- 153 a being resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. Adopt Resolutions bein~ Resolutions of the City Council of the City of Colambia Hei~hts a~proving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman described the deficiencies. Resalution 2008-154, 4427-29 l~lain ~treet - faiiure to sc~iedule inspectian ar~d s~abmit license fees. Resolution 2UG$-155, 1313-15 Circle 1`errace Blvd. - failure to schedule inspection and sub~nit Iicense fees. Resolution 2008-156, 1355-57 Circle Terrace Blvd. - failure to schedule inspection and subinit l:cense fees. Resolution 2008-157, 4101 Sth Street - scrape/paint and rotten siding on the garage, replace driveway material, repair ehimney. Resolution 2008-159, 1324-26 Circle Terrace Blvd. - failure to schedule inspection and submit license fees. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-154, 155, 156, 157, 159 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2008-154, 155, 156, 157, 159 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 earried. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki requested an update on the gym and what it will cost the city for the project. Fehst stated 10 ~ity Council Minutes Manday, July 14, 200& Page 7 of 18 that he sent out the list of bids that are to be awarded. Nawrocki questioned what was what is left to be awarded. Windschitl stated the gym equipment, basketball hoops and volleyball nets. The low bid may »ot be what we want anc[ we want ta verify rhat. The concession area was aiso cietayed to rebid some of the amenities. Nawrocki again questioned the city portion of the cost. Fehst stated that it is on a per foot basis; they will pay for the pool and we will pay for the foundation. Our space is about 13,000 square feet and theirs is abaut 17,000 square feet. Nawrocki questioned if we are meeting the bid goal. Fehst stated the project is three to four percent under bid. Nawrocki questioned if we have program costs. Fehst has directed staff to research what programs worl~ in other communities. We will have staff there on a regular basis for public use. Nawrocki asked again for costs to operate the public safety facility. Fehst stated that the geothermal wili basically be the cost of the electric. Peterson estimated that staffing the gym will cost approximately $~5,000 to $125,000 a year. Fehst stated that City Council members just cornpleted a one hour review with our auditor and were given a clean audit. It is typical to have your auditor do a summary report. He and the Finance Director did a good job. Fehst referred to mandates and legal stipulations covered in the audit. Vl~'e are short in fund balances by two to three percent. We do not receive our tax funds until the seventh month of the year, so we are required to carry a large fund balance of almost 50 percent. lf anyone is unsatisfied with answers received at the meeting, they can request a special meeting with the auditor. Nawrocki gave his history working with auditors and stated it was ludicrous to only spend an hour on the audit review. We did not get an award for excellenee; we received a certificate of achievement, which we paid for, plus our extra time spent to prepare the report. We have trustworthy people in the city, but years ago we did have someone abscond with some money. The point is that part of the audit function is to be assured that things are done properly. He stated his faith in our Finance Director, Bill Elrite. Nawrocki stated he had questioned if a temporary rental license was allowed, referring ~o a call he received from a LaBelle condo resident. Fehst stated that staff has not submitted a final recommendati~n on ~he rental license mor~tori~.~rn. He stat~d tha~ he would not recornmend a temporary license. Nawrocki reguested a tall grass inspection in the area of 37`" and University. Report of the City Attorney - nothing to report CITIZENS FORUM Tim Utz announced that he is running for State House Representative in Distriet SOA. He indicated his desire to work with the City Council and staff. COUNCIL CORNER Keizenberg • Referred to the Green Sheet report of Police Department activity and indicated the new Police Chief is being very pro-active. Listed the number of arrests made. Williams • Jamboree event - the Chief clamped down on the event. Pleased with the Mayor's decision to hire him. Have not heard any negatives from staff. • We need to continue to work with the SchooC District - it has been the highlight of his Council career to wark with them. 11 City Council Minutes Monday, JuIy 14, 200$ Page 8 of 18 • Tasted the rancid water in Minneapolis and heard that our residents have also experienced this. Fehst stated it vv~ll be a problem for several weeks, but the water is still pure. ~ Continue to have a great summer. Diehm Volunteered to serve an the Housing and Economic Development Policy committee. It is a great opportunity to have input and hear what other communities face. If anyone has concerns they would like to voice, let her know. Will not be present at the next City Council meeting. Encouraged everyone to plan for and attend National Night Out on August 5`~' I~Iawracki • On committees for both the State and League Metro Cities on financial issues for cities. Last week attended the state meeting. Offered his copy of the information received • There was talk of budget issues and the three year 3.9 percent levy liinit at the Statie League meeting. He is the only one to support this. It is not a total levy limit, only on specific sections. The pu6lic safety facility would be exempt. It makes you prioritize what you are doing and how you are spending money. Staff can call Gary Carlson at the State offices to find how that wili apply. • Governin~ magazine had an article on performance audits to look at how you are carrying out your duties and if there are more economical ways to care them out. Asked that performance audits be looked at and considered. Peterson Our Police Officers are doing a fantastic job. Referred to the Fire department Green Sheet article and their increase of cali responses to an average of seven to ten calls a day. He referred to the calls being potentially unsafe. Behavior must change. If residents witness something like this, call 9l l. We will not only improve our houses, but also our eommunity. Our police are doing an excellent job - even being short handed. We want a good community to live in, but it is going to take all of us ta do that. Don't forget our service m~l~ and women. I'ion't take ourselves too seriously and do a random act of icindness. ADJOUl~2NM~NT Mayor Peterson adjourned the meeting at 8:38 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary RESOLUTION 2008-153 Resolution of the City Council for the City of Columbia Heights declaring the praperiy a nuisance and approving abatement of ardinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by David Bernier (Hereinafter "Owner of Record"). i~Vhereas, the owner of record is the legal owner of the real property located at 4251 Jefferson Street, Columbia Heights, Minnesota. 12 City Cauncil Minutes Monday, July 14, 2008 Page 9 of 18 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I[, Section $.206, written notice setting forth the causes and reasons for the proposed cauncil 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 October 19, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on December l, 2007 an extension for the winter season was granted. Additional time was given to complete repairs of one item 3. That on June 3, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 4. That on Juiy 3, 2008 inspectors reinspected the properiy and found that one violation rernained uncorrected. 5. 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/replace the roof on the shed. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4251 Jefferson Street 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 I. The property located at 4251 Jefferson Street 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 2008-154 Resolution of the City Council far the City af Columbia Heights approving revocation pursuant to City Code, Chapter SA, Artic2e IV, Section SAe408(A) of that certa.in residential rental license held by Bryant Bentley (Hereinafter °License Holder"). Whereas, license holder is the legal owner of the real property located at 4427-4429 Main Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to C~ity Code, C~hapter SA, Article IV, Section SA.40$(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, 200$ of an public hearing to be held on 7ulyl4, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of Yhe 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 I5, 2008, inspection o~ce staff sent a letter requesting the owner of the property to renew the rental license far 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 schedule a rental property inspection and failure to submit renewa) rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA303(A). ORDER OF COUNCIL 1. The rentaC license belonging to the License Holder described herein and identified by license number F8421 is hereby revoked; Z. The City will post for the purpose of preventing occupancy a copy of this order on the huildings covered by the license held by License Holder; 13 City Council 1Vlinutes Monday, July 14, 2008 Page 10 of 18 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 2008-155 Resolution of the City Council for the Ciry 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 Mortgage Electronic Registration System (Hereinafter °License Holder"). Whereas, license holder is the lega) owner of fhe real property located at 1313-1315 Circle Terrace Blvd. N.E_, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2008 of an public hearing to be held on July14, 2008. Now, therefore, in accordanee with the foregoing, and al) ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT L That on or about April I5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The le~ter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 12, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article tII SA306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8438A is hereby revoked; 2. The City wil! post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; ?. Al! tenants shall remove thems?ives from the premises ~vithin 6~J ~ays from the first clay c~f p~sting of this Ord~r revoking the license as held by License Holder. RESOLiJTION 2008-156 R~solution of the City Councii for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that eertain residential rental license held by Judith Germain (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the rea) property located at 1355-1357 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Artie[e IV, Section SA.408(B), written notice setting forth the eauses 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 July14, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regularions of the City of Columbia Heights, the City Counci I of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about April 15, ~008, inspection office staff sent a letter requesting the owner of the properiy to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 12, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enfarcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of 14 City Council Minutes Mor-day, July 14, 2008 Page i l of 18 this hearing according to the provisions of the City Code, Chapter SA, Article IlI SA306 and SA303(A). ORDER OF COUNCIL t. The renta! license belanging ta ~he Li~ens~ ~Iold~r c~~scribed h~rein and i~le~tifi~d by ~i~~nse number F&353 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 sha(1 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 2008-157 Resolution of the City Council for the City of Columbia Heights approving revocatian pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A} of ihat certain residentia] rental license held by Amir Shahsaband (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propert_y located at 4101 5`h 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 10, 2008 of an public hearing to be held on July 14, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Councit of the C'ity of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 30, 2008 inspectors for the City of Columbia Neights, inspected the property described above and noted seven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Apptication. 2. That on June 10, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the properiy and noted four 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 July 1, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that four 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 scrape/paint the garage, shall repair the rotten siding on the garage, shall replace alllany driveway material that is not asphait or concrete, shall repair the chimney on the house that is falting apart. ~. Thai ail parties, inciuding tne License Hoidzr and any ~ccupar~ts or tznat~ts, have beei~ given the appropriate naiice of this hearing according fo the provisions of the City Code, Chapter SA, Article I115A.306 and SA.303(A). ORDER OF COUNCIL L The rental license belonging to the License Hoider described herein and identified by licens~ number F8926 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy ofthis 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 2008-159 Resolution of the City Council for the Ciry of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Articie IV, Section SA.408(A) of that certain residential rental license held by Greg Wilson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1324-1326 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2008 of an public hearing to be held on July14, 200$. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Ciry Council of the City of Columbia Heights makes the following: PINDINGS OF FACT 1. That on or about April I5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property 15 City Council Minutes Monday, July 14, 2008 Page 12 of 18 records. 2. That on June 12, 200g 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 tisted in the property records. 3. That based upon sard 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 renewal rental license application and fees. 4. That al) parties, including the License Nolder 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 F8333 is hereby revoked; 2. The City wilt 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 themseives from the premises within 60 days from the first day of posting of this Order revoking the license as heid by License Holder. RESOLUTION NO. 2008-160 RESOLUTION AWARDING THE SALE OF $10,000,000 GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B, FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECITTIOl~ AiVD DELIVERY; AND PROVIDING FOR TAEIR PAYMENT BE IT RESOLVED By the City Council (the "CounciP') of the City of Columbia Heights, Anoka County, Minnesota (the "City'"), as follows: Section 1. Recitals. 1.01. The City is authorized by the Charter of the City of Columbia Heights (the "Charter") to issue its general obligation bonds for, among other things, the purchase or erection of needful public buildings within the City. The City therefore intends to issue its general obligation bonds pursuant to the Charter to finance a new public safety center for the City's police and fire departrnents (the "ProjecP'). 1.02. On March 24, 2008 the Council conducted a first reading of an ordinance authorizing the City to issue its general obligation bonds in the maximum principal amount of $] 1,500,000 to finance the Project (the "Ordinance"). 1.03. On April 14, 2008, the Council conducted a second reading of the Ordinance and adopted the Ordinance, subject to referendum as described in the Charter. 1.04. The Ordinance was published at least once in the City's official newspaper. The City Clerk did not receive a petition signed by the requisite amount of registered voters in the specified time frame to require a referendum on the issuance of the Bonds (hereinafter defined) under the C~harCer. lA~. At its June 23, 2008 meeting, the Council authorized the reduction of the principal amount of the Bonds to $10,000,000, with the intent to issue future additional ob(igations to finance the Pro,jeat. Section 2. Sate oi Bonds. 2.01. Award to Purchaser. The proposal of Stifle, Nicolaus & Co., Ine., Minneapolis, Minnesota (the `Purchaser") to purchase the City's $10,000,000 General Obligation Public Safety Center Bonds, Series 2008B {the 'Bonds") described in the Terms c~f Proposal thereof is found and determined to be a reasonable offer and is accegted, the proposal being to purchase the Bonds at a price of $9,925,904.85, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2011 4.30% 2018 430% 2012 430 2019 4.30 20l 3 4.30 2020 4.30 2014 4.30 2021 430 201 ~ 4.30 2022 430 2016 4.~0 2023 4.30 2017 4.30 2024 4.35 Term Bonds due February t, 2026 at 4.3~%. Term Bonds due February l, 2028 at 4.35%. Term Bonds due February 1, 2030 at 4.40%. Term Bonds due February 1, 2032 at 4.45%. Term Bonds due February 1, 2035 at 4.50%. Tenn Bonds due February 1, 203& at 4.55%. True Interest Cost: 4.4946197% 2.02. Purchase Contract. The sum of $904.85 being the amount proposed by the Purchaser in e~cess of $9,925,000 shal( be credited to the Construction Fund under Section 4.01 hereof. The City Finance Director is directed to deposit the good faith check of the Purchaser on behalf' of the City pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessfui proposers forthwith. 7'he Mayor and the Ciry Manager are directed ta execute a contract with the Purchaser on behalf of tl~e City. 16 City Councit Minutes Monday, 3u1~ 14, 200& Page 13 of 18 2.03. Terms and Principal Amounts of the Bonds. The City will f'orthwith issue the Bonds pursuant to the Charter, in the total pnncipal amount of $10,000,000, originally dated as of August 6, 2008, the Bonds being in fully registered form and issued in the denomination of $~,000 or any integral multiple thereof, numbered No. R-1 and upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2011 $190,000 2018 $25Q000 2012 200,000 2019 260,000 2013 205,000 2020 270,000 2014 21 ~,000 2021 285,000 201 ~ 220,000 2022 295,000 2016 230.000 2023 310,000 2017 240,000 2024 320,000 Term Bonds due February 1, 2026 in the aggregate principal amount of $68~,000. Terfn Bonds due Febniary 1, 2Q2& in the aggregate principa( amount ~f $755,QOQ. Term Bonds due February I, 2030 in the aggregate principai amount of $830,000. Term Bonds due February 1, 2032 in the aggregate principal amount of $910,000. Term Bonds due February 1, 203~ in the aggregate principal amount of $1,54~,000. Term Bonds due February I, 2(738 in t6e aggregate principal amount of $3,785,000. 2.04. Ontional Redemption. The City may elect on February 1, 2018, and on any date thereafter to prepay Bonds due on or after February 1, 2079. Redemption may be in whole or in part and ef in part, at the option af the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereo~ of the particu(ar amount of such maturity to be prepaid. DTC will determine by lot the amount of each participanYs interest in such maturity to be redeemed and each participant will then select by lot the beneticial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 2.07. Mandatorv 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 Tnstaiment Date Principal Amount February 1, 2026 Term Bonds 2025 2026 (maturity} 350,OOo 2028 Term Bonds 2027 2028 (maturiry) 385,000 2030 Term Bonds 2029 2030 {maturity} 425,000 ~032 Term Bonds 2031 2032 (maturity} 465,OOQ 2035 Term Bonds 2033 2034 2035 (maturity) 540,000 2038 Term Bonds 2036 2037 2038 (maturity) 625,OOQ 'I'he specific Term Bonds to be redeemed will be selected by lot by the Registrar. $335,000 370,000 405,000 445,000 49Q000 515,000 ~65,000 595,000 All prepayments will be at a price of par plus accrued interes~t. Section 3. Fonn; Re~istration. 3.01. Re~istered Form. The Bonds will be issuable only in fully registered forni. The interest thereon and, upon surrender of each Bond, the principal amount thereof will be payable by check or dran issued by the Registrar described herein. 3.02. Dates; lnterest Pa~ment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of autl~entication, or (ii) the daC~e of authentication is prior to the ~rst interesC payment date, in ~vhich case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August t in each year, commencing February I, 2009, to the registered owners of record as of the close of business on the t7fteenth day of the immediately preceding month, whether or not that day is a business day. 3.03. Re~istration. The City will appoint a bond registrar, transrer agent, authenticating agenC and paying agent (the '`[tegistrar"}. The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: 17 City Council Minutes Monday, Ju[y 14, 2008 Page 14 of 18 (a) Re~ister. The Registrar will keep at its principal corporate trust office a bond register in which Yhe Registrar will provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transfened or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of Yransfer, 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 hy the transferor. The Registrar may, however, close the boaks for registratian of any transf'er after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c} Exchanee of Bonds. Whenever any Bonds are surrendered by ihe registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner's attorney in writing. (d) Cancellation. All Bonds surrendered upon a transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of directly by the City. (e) Im~roper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may ref'use to .ransfer the same until it is satisfied that the endorsement or such Bond oc separate instrGment 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 transi:ers which it, in its judgment, deems improper or unauthorized. (~ Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond is overdue or not, tbr the purpose of receiving payment of; or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order will be valid and effectuat to satisfy and discharge the liability upon the Bend to the extent of the sum or sums to be paid. (g) TaYes. Fees and Charees. The Registrar may impose a charge upon the owner thereof for every transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmenta) charge required to be paid with respect to such transfer or exchange. (h) Mutilated. Lost~ Sto(en or Destroved Bonds. In case any Bond beeomes mutilated or destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturiry date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registraz in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon frling with the Registrar of evidence satisfactory to. it that such Bond was destroyed, stolen or (ost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and an~ount satisfactory Co it, in which both the City and the Registrar will be named as obligees. All Bonds so surrendered to the Registrar will be cancelled by it and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or tost Bond has already matured or been calted for redemption in accordance with its tern7s it will not be necessary to issue a new Bond prior to payment. (i} Redemption. In the event any of the Bonds are calied for redemption, natice ther~of 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 regisiered owner of each Bond to be redeemed at the address shown on ihe registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by maii to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redempiion are an depasit ~uith the place of payment at that time. 3.04. Appointrnent of Initial Re isg trar. The City appoints U.S. Bank National Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resu(ting corporation will be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment oP a successor Registrar, in which event the predecessor Registrar will deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City Council, the City Finance Director will transmit to the Registrar moneys sutfcient far the payment of all principal and interest Yhen due. 3.05. Execution. Authentication and Deliverv. The Bonds will be prepared under the direction of the City Manager and will be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds will cease to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and suf'ficient for all purposes, the same as if` the officer Itad remained in office until delivery. Notwithstanding such execution, no Bond wiil 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 a Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond will be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Finance Director will de(iver the same to thc Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Yurchaser will nc~t~ be obligated to see to the application of the purchase price. ~ 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the fortn set f'orth in Section 3.07 with such changes as may be necessary io reflect more than one maturity in a single temporary bond. Upon the execution and delivery of detinitive Bonds the ternporary Bonds witl be exchanged therefor and cancelled. 3.07. Form of Bonds. The Bonds will be printed or typewritten in substantially the following form: 18 City Cauncil Minutes Mondayg July 14, 2008 Page I S of 18 No. R- LTNITED STATES OF AMERICA STATE OF MINNESOTA L GUNTY 6F ~iNc')KA CITY OF COLUMBIA HEIGHTS GENERAL OBLIGATION PUBLIC SAFETY CENTER BONDS, SERIES 2008B Date of Rate Maturiiv Date OriQinal Issue CUSIP February 1, 20_ August 6, 2008 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duty organized and existing municipal corporation and political subdivision located in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for vatue received hereby promises to pay to the registered owner specified above or registered assigns, the principal amount of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August ] 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, Authenticating Agent and Paying Agent, or its designated successor under the Resolution described herein. For the prompt and full payment af 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 inevocably pledged. The City may elect on February 1, 2018, and on any date thereafter to prepay Bonds due on or after February l, 2019. Redemption may be in who(e 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 alt Bonds of a maturity are called for redemption, the City will notify Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The Term bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as f'ollows: Sinking Fund Installment Date Principal Amount February 1, 2026 Term Bonds 2025 2026 (maturity) 350,000 2028 Term Bonds 20?7 2028 (maturity) 385,000 2~J30 Term Bonds 2029 2030 (maturity) 425,000 2032 Term Bonds 2031 2032 (maturity) 46~,000 2035 Term Bonds 2033 2034 2035 (maturity) 540,000 2038 Term Bonds 2036 2037 2038 (maturity) 625,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. $335,000 370,0~30 405,000 445,000 490,000 515,000 565,000 595,000 All prepayments will be at a price of par plus accrued inCerest. The City Counci) has designated the issue of Bonds o1' which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the lnternal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for tinancial institutions and wiYhin the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $10,000,000, all of like origina) date and tenor, except as to number, maturity date9 redemption privilege and interest rate, issued pursuant to a resolution adopted by the City Council on July 14, 2008 (the "Resolution"), for the purpose of providing funds for the construction of a new public safety center for the police and tire departments within tlie City, as authorized by the Charter of the City of Colun~bia Heights (the "Chari'er"), pursuant to and in f'ull conformiYy with the Constitution, the Charter and the laws of the State af Minnesota, including Minnesota Statutes, Chapter 475. The principal hereof and interest hereon are payable from ad valorem taxes levied on a)l taxable properly in the City, and if necessary for the payment thereofadditional ad valorem taxes are required by law to be levied on all taxable property in the City, which tases are not subject to any limitation as to rate or amount, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The Bonds of this series are issued only as fully re~istered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. 19 City Cauncil Minutes Monday, July 14, 2008 Page 16 of 18 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 ot~ice of the Bond Registrar, by the registered owner hereof in person or by the owner s attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange far Bancts of other authorized cienominations. L'pon such transfer or exchange the City will cause a ne~v Bond or Bonds to be issued in the na~ne of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same raYe and maturing on the same date, subject to reimbursement tor any tax, fee or governmental change required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar wi11 be affected by any notice to the contrary. IT 1S HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Charter and the Constitution and laws of the State of Minnesota to be done, ta 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 consriturional, statutory or charter (imitation of indebtedness. This Bonei is not va(id ~r obligat~ry for any purpose c~r entitled to any security or benefit under the Resolution until Che Certificate of Authentication hereon will have been executed by the Bond Registrar by manual signature of one of its authorized representatives. 1N 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. Dated: CITY OF COLUMBIA HEIGHTS, MINN~ESOTA CERTIFICAT~ OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto within Bond and all rights thereunder, and does hereby inevocably constitute and appoint Bond on the books kept for registration of the within Bond, with full power of substitution in the premise. Dated: attorney to transfer the said Notice: The assignor's signature to this assignment must carrespond with the name as it appears upon the face of the ~vithin Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a tinancial institution that is a member of the Seeurities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stoek Exchange, Ine. Medallion Signatures Program ("MSP") or other sueh "signature guarantee program' as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in acwrdance ~vith thz Securities Exchang~ ,3ct cf 193~, as amer,ded. The Bond Registrar will not effect transfer af this Band unless the information concerning the assignee requested helow is provided. Name and Address: (Include inforrnation for all joint owners if the Bond is lleld by joint account) PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of Date of Registration Registered Owner Officer of the Registrar Cede & Co. FederalID #13-2~5~119 the 3.08. Le~al Opinion. The City Finance Director will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, as bond counsel, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Securitv; Pavment. 4.OL (a) Debt Service Fund. The Bonds will be payable fron~ the General Obligation Public Safety Center Bonds, Series 2008B Debt Service Fund (the "Debt Service Fund") hereby created, and the proceeds of the ad valorem taxes hereinafter levied are hereby pledged to the Debt Service Fund. If a payment of principat or interest on the Bonds becomes due when there is not sut~icient money in the Debt Service L'und to pay the same, the Ciry Finance Director will pay such principal or interest from the general fund of the City, and the generat fui5d will be reimbursed for those advances out of the proceeds of the taxes levied by this Resolution, when collected. There is appropriated to the Debt Service Fund $314,193.92, representing capitalized interest financed from Bond proceeds. (b) Construction Fund. The prc~ceeds of the Bonds, less Yhe appropriations made in paragraph (a), together ~vith any other funds appropriated for the Project and any amounts in excess of the minimum proposal designated for deposit herein in accordance with Section 2A2 hereof, will be deposited in a separate construction fund (the "Construction Fund") to be used solely to defray expenses of the Project. When 20 City Council Minutes Monday, July 14, 2008 Page 17 of 1$ the Project is completed and the cost thereof paid, the Construction Fund is to be closed and any balance in the fund is to be deposited in the L~ebt Service Fund. 4.Q2. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there is levied a direct annual irrepealable ad vatorem tax upon all of the taxable property in the City, to be spread upon the tax rolls and collected with and as part of other general taxes of the City. 1'he tax will be credited to the Bebt Service Pund above provided and is in the years and amounts as follows (year stated being year of collection}: Year L~ (See EXHIBIT B) 4.03. Debt Service Coveraee. It is determined that the estimated collectian of the foregoing taKes will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds. The taY levy herein provided wiD be irrepealable until all of the Bonds are paid, provided that at the time the City rnakes its annual ta~c levies the City Manager may certify to the County Auditor of Anoka County the amount available in the Debt Service Fund to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the le~ry collectible during such year by the amount so certified. 4.04. Re~istration of Resolution. The City Clerk is authorized and d'uected to file a certitied copy of this Resolution with the County Auditor of Anoka County and to obtain the certiticate required by Minnesota Statutes, Section 475.63. Seetion 5. Authentication of Transcriot. SAI. Citv Proceedines and Records. The offcers of the City are hereby authorized and direeted to prepare and fumish to the Purchaser and to the attorneys approving the Bonds, certitied copies of proceedings and records of tbe City relating to the Bonds and to the financial condition and affairs of the City, and sucli other certificates, aftidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.0?. Certification as to Official Statement. The Mayor, the City Finance Director and the City Manager are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in cannection with the issuance and sale of the Bonds and that to the best of their know(edge and belief the Ofticial Statement is, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 5.03. Pavment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds ailocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel} to the Registrar on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenants. 6.01. TaY-Exempt Bonds. The Ciry covenants and agrees with the holders from time to time of the Bonds that it will not take or pern~it to be taken by any of its ot~icers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or eause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to ta~ation under the Code and applicahle Treasury Regulations, as presently e~isting or as hereafter amended and inade applicable to the Bonds. 6.02. No Rebate Required. The City will comply wiCh reqvirements necessary under the Code to establish and maintain the exclusion tiom gross income of the interest on fhe Bonds under Section 103 of the Code, including without limitation requirements relating to ternp~rrary periods fcrr investrnents, limitaiions on amounts invested af a yietd greater than ihe yietd on the Bonds, and the reba'te af excess investment earnings to the United States, to the extent the Bonds do not qualify for an eYemption from rebate under the Code and related Treasury Regulations. 6.03. Not Private ActivitX Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or pennit them or any of them to be used, in such a manner as to cause the Bonds to be '`private activity bonds" within the meanin~ of Sections 103 and 141 through 150 of the Code. 6.04. Qualiiied Tax-ExemQt Obli~ations. In order to q~alify the Bonds as"qualified tax-exempt obligations" within the meaning of Section 26~(b)(3) of the Code, the City makes Che following factual statements and representations: (a) the Bonds are not "private activity bc~nds'" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 26~(b)(3} of tl~e Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualitied 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of Yhe City) during calendar year 2008 will not exceed $10,000,000; and (d) noY more than $10,000,000 of obligations issued by the City during calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. Procedural Requiren~ents. The City will use its best eff'orts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entrv Svstem: Limited Obligation of Citv. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.03 hereof. Upon initial issuance, the ownership of each Bond wilt 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 Uy ihe Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee o1' DTC, the City, the Registrar and the Paying Agent 4vi11 have no responsibility or obligation to any broker dealers, banks and other ~nancial institutions from time to time for which DTC holds Bonds as securities depository (the "ParticipanCs") or to any other person on behalt~ of which a Participant holds an interest in the Bonds, including but not limited to any responsibi(ity or obligarion 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 21 City Council Minutes Monday, July 14, 200& Page 18 of 18 any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal ofor 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 $ond for the purpose of payment of principai and inierest 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 naminee in place of Gede & Co., the words "Cede & Co.," will refer to such new oominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. ReQresentation 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 notiees with respecY 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 represeataticns of the Ci~,~ in the Repres.°.nt~ticn Letter ~~ith rWspect to the Registrar and Pa;ing P.gent, resgeetively, to be eomplied ~~ith at all times. 1.04. 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 beneftcial inCerests in the Bonds that they be able to obYain Bond eertificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the Ciry will issue, transfer and exchange Bond certiticates 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 responsibiliries with respect ihereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Pavments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operationaf Anangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Citv Compliance with Provisions of Continuina D~sclosure Certifieate. Tl~e 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, any Bondhoider may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. Execution of Continuine Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certiticate 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 irom time to time in accordance with the terms thereoi. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resalution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and fulE payment of the principal of and interest on the Bonds will remain in iull force and effect The City may discharge all Bonds which are due on any date by depositing with tlie Registrar on or before that date a sum sufficient far 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. 22 City of Columbia Heights Park and Recreation Commission June 25, 2008 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik; Keith Windschitl, Recreation Directar; Kevin Hansen, Public Works Director/City Engineer; Gary Peterson, Mayor APPROVAL CONSENT AGENDA Motion by Hoium, second by Greenhalgh, to approve consent agenda. Upon vote: All ayes. Motion carried. LETTERS AND REQUESTS A. Reauest for a full or nartial refund of a canceled JPM rental down_pavment Evans asked when the cancellation occurred. Windschitl replied that it was received in April for the June date. He stated that the date was not re-rented. The JPM policy indicates if the date is re-rented the original renter will receive their deposit back. Motion by Payne, second by Greenhalgh, not to refund the $500 dawn payment to stay consistent with the current policies. Upon vote: All ayes. Motion carried. B. Reauest for a reduced fee on the rental of JPM for the._Midwest Polka Association on Sz~ndav Au~ust 17, 2008 for a community polka dance. Evans asked if the Association includes residents of Columbia Heights. Peterson stated that scrne ~f th~ peopt~ liv~ in the City. He indicatee! that this yvculd be a nice e~~ent for Columbia Heights and that the Lion's club would be working the bar. The event would be for a four-hour black of time. Motion by Payne, second by Greenhatgh, to charge the $40 entry fee and $15 per hour in the building. Upon ~ote: All ayes. Motion earried. OLD BUSINESS A. Sketch Plans for Labelle Park Boardwalk Hansen reported on the conditions of the Labelle Park boardwalk. Two examples were presented of updates for the park. One approach creates an island where the existing boardwalk seating area is. This provides some options down the road. Hansen proposes removing the boardwalk and extending the existing trail in next year's budget. The shoreline would be restored. The second approach creates a shelter on an island peak area but does not connect to the north side of the trail. The concrete would be removed because it is beginning to heave causing a tripping hazard. 23 Recreation Department 7/ 17/2008 Page 2 Stroik asked about the expense af the plans. Hansen replied that the least expensive thing ta do is work with what is alreadv there and remove the boardwalk. McDonald indicated that the current impravements are very nice and keeps the area natural. Evans indicated that the concentration of improvements should be an Huset Park because she believes that LaBelle Park is not a heavily used park. The trail is heavily used and shauld be kept as a natural park. Ali members agreed with the removal of the boardwalk. B. Schedule meeting date for Ramsdell Park Master Plan with Neighborhood Hansen reported that community input was received three years ago. This meeting will discuss a plan for redeveloping the park. Items of discussion include a girl's softball field of correct size, a safe walking trail, fencing, a skate park and additional parking for the new gym space being buiit at the High School. Evans asked about the status of the wading pools. Hansen indicated that based on the 2008 legislative action the City wading pools do not meet code. The pools need to have an approved manufactured bottom drain cover set with particular screws. Each year the paals are inspected and approved by Anoka County. Hansen indicated the need for an outside interpretation of the law to determine if major improvements are needed or just the removal of the concrete for a new drain. Improvements for cutting the concrete to fit a certified drain basket and cover would cost approximately $2000 for each pool. The pool at Ramsdell Park continues to have a minor leak. Stroik asked on the amount of usage at the wading pools. Hansen indicated that the wading pools are used frequently throughout the day. Stroik suggested talking with the school district regarding the improvements being discussed at Ramsdell Park. Hansen indicated that the funding within the Park Development Fund would provide money for a shelter at Huset Park and maybe one additionai park. C. Huset Park Picnic shelter Hansen indicafied that $85,OOG is budgeted far a sheiter at Huset P~rk. Tlle r~-~~ney has been re-budgeted from 2007 to the 2008 budget due ta not knowing the status of a community center ar expansion of Huset Park. Hansen asked the Commission if a shelter is something that they would [ike to accomplish this year or re-budget for 2009. Evans asked where the shelter is planned to go. Hansen replied that the plans show it to the west and north of the bocce ball courts. Motion by Greenhalgh, second by Straik, to move forward with installing a shelter at Huset Park. Upon vote: All ayes. Motion earried. D. Review Park Rental fees beginnin~ 2009 Evans indicated her agreement with implementing a park rental fee considering the new shelterso Windschitl indicated the need for the park rental fee to be a reasonable price as to encourage use of the shelters and parks. These fees would cover cieaning, garbage pickup and other maintenance costs. Currently the parks are not cleaned over the weekend sa if ther~ is a party interested in reserving the park on a Saturday and a second 24 Recreation Department 7/ 17/2008 Page 3 reservation is on a Sunday there is no guarantee that the shelter will be clean. Windschitl asked the Commission if there should only be one rental per weekend. Discussion among the Commission included "naving seaso~at Public ~V~~ks staff cleanin~ the b~itddn~ an~ charging the renters a cleaning deposit. Hansen indicated that the wading pools are checked on a daily basis by two certified staff. Windschitl suggested basing the rental fee based on the size of the shelter. For a large shelter like Sullivan or Silver Lake charging $50 for a resident and $'75 for nonresident. For a smaller shelter like Huset Park charging $25 for a resident and $50 for a nonresident. Windschitl indicated that past rentals have not caused any damages. A $100 damage/key deposit is required when renting a park; a few keys have been lost over the years. Evans suggested in~icating on the rental form that if renters do not cleanup the park after a rental to not allow them to rent in the future. Windschitl brought up the fact that inany nan-profit groups reserve the park. Stroik indicated that if a minimal fee were reasonable there would be no reason to waive the fee. Other members agreed that regardless of what type of group is using the park the cleanup and electric charges would still be the same. Motion by Payne, to set a park rental fee of $30 for small shelters and $50 for large shelter to a Resident and $50 for a small and $75 for a large shelter to Nonresidents. All fees will be subject to tax. Discussion of motion included cleanup costs regardless of the size of shelter, the need to have separate fees for various parks versus keeping it a basic fee, and a renter could have a large group at a small shelter but there is no way to monitor the attendance. Windschitl indicated that currently Nonresidents are charged a park rental fee of $50 plus tax. ?yd~+taom t~ aaa~~a~d by Payne, to set a park rental fee of $30 plus tax to Residents and $60 plus tax to Nonresidents regardless of the shelter size. Hansen indicated that when groups of lOQ people or mare require more cleanup than a typical park rental of 30 to 50 people. He suggested a separate rental fee f~r larger groups of over 100 or 200 people. Motion to amend by Payne, second by Hoium, to set a Large Group/Corporate Rental fee of $100 plus tax for groups over 100 people effective January 1, 2009. Upon vote of the motion as amended: All ayes. Motion earried. E. Review Event Wagon Rental fees be~innin6 2009 Windschitl indicated that the tables, chairs and game equipment in the Event Wagon is equipment formerly used by JPM and Recreation Programs. Commission Members agreed that labor and gas costs need to be offset. Evans added that although the Event Wagon was originally donated ultimately down the road things like tires and other parts need to be replaced. 25 Recreation Department 7/1'7/2008 Page 4 Motion by Hoium, second by Payne, to charge a$25 plus tax rental fee for the Neighborhood Event Wagon effective January 1, 2009 to cover costs associated with delivery and maintenance. Upon vote: Ali ayes. IVlotion carried. REPORTS A. Recreation Directar Windschitl invited the Commission Members to the groundbreaking ceremony for the new gym space with the school district. The ceremony will take place on June 26`h at 10:00 a.m. at the Columbia Heights High School. W indschitl indicated that the Jamboree Festival would be June 26 - 29. There have been a Iarge number af t~ams interested in the 1`.~Ien's Softball Tournarnent. Fireworks will be on Saturday evening at approximately 10:00 p.m. The parade will be at 6:00 p.m. on Friday. Thursday evening there will be approximately 50 kids at JPM for the Outdoor Knowledge fishing clinic. Last year many companies gave donations for this event. Windschiti complimented Liz Bray for a job well done organizing the event. He stated that Bray would be running the Heights Idol performance again on Saturday evening. Windschitl stated that the PALS organization donated a big screen TV and DVD/VCR to JPM for the use of the hall. He sent them a thank you card. B. Public Works Director/Citv Engineer Hansen indicated that the park improvements are moving along. Sullivan Lake Park curbing and concrete is done. Paving will occur next week. Storm sewer will be finished shortly. The playground equipment should be delivered and installed the week of July 14, the shelter is scheduled to be delivered and installed the week of August 14. The crews will be moving on to Silver Lake Beach next week. Hansen contacted Silverwood to get a pedestrian access to join up with aur park. He has not yet received a response from the district administ:ati :~e staff. Kordiak Park is doing major renovations. Renovations involve complete trail restoration up to 8 feet wide, new playgraund, parking lot and water quality improvements. A new playground area will be added near the existing shelter. An overlook will be installed to the north of the waterfall. The restroom shelter will also be updated. C. Commission Members Hoium stated that when he drives around and sees the seasonal Public Works staff they are always working and doing a good job. Hansen reiterated that they are a good crew. Hoium asked about putting a plaque of some kind at a park or park bench in memory of Jerry Foss. Hansen suggested naming the park shelter at Huset Park after his name. All meinbers agreed that he was a strong advocate for the Park & Recreation Commission, the City of Columbia Heights, park improvements, and a member of the Athletic Baosters. Peterson suggested creating a plaque with all of the Park & Recreation Commission Members names when the park improvements are done for Silver and Sullivan Lake. 26 Recreation Department 7/17/200& Page 5 Stroik asked if there is a way to allow people to buy into pieces of the parks as memorials to family members. Hansen replied that in the past there have a few requests where pec~ple hav~ donateci benc~ies. ~Ie stated that ~Iuset, LaBeite and Suitivan Parks have benches or plaques like that. Peterson indicated that Hart Lake is not very visible from the road. He suggest clearing same of the brush and trees away to see the lake, adding lights and a few benches. Hansen replied that under the Comforts of Home development the intent was to put a trail around Hart Lake. There are new developers for that project. Payne thanked the Cammission for the park cleanup in ApriL He suggested doing a park ~I~anup ~very y~ara Stroik s~ggested placing more garbage cans in Huset Park because during the cleanup there were not many garbage cans, especially around the pond area. ADJOURNMENT Eileen Evans adjourned the meeting at 7:55 pm. Deanna Saefke, Recreation Clerk Typist II 27 CITY COUNCIL LETTER Meeting of: 7/28/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS IT'EM: FINAL PAI'MENT FOR SANITARY AND STORM BY: K. Hansen BY: SEWER LINING, PROJECT 0604 AND 0704 DATE: 7/23/08 DATE: Background: On September 24, 2007, the City Council awarded the annual sanitary sewer lining program to Visu-Sewer Clean and Seal, Inc. This annual program rehabilitates sections of sanitary and storm sewer pipe that has cracked or broken joints or sec?ions, contains root intrusion or has infiltration present. This project consisted of lining the following segments: 1. 54T of 18" VCP clay tile on 5`" Street, from 37`~ Avenue to Huset Parkway 2. 1,421' of IS" VCP clay tile on Huset Parkway, from Jefferson Street to 5`h Street 3. 165' of 15" VCP clay tile on Jefferson Street, from Huset Parkway north to the first manhole 4. 332' of 12" VCP clay tile on 39`" Avenue, from Huset Parkway to the East. 5. 660' of 12" VCP clay tile on ivladison Street, from 50`h Avenue to 515` Avenue 6. 1,332' of 12" VCP clay tile on 51 sY Avenue, from Madison Street to Easement between Jackson St and Central Avenue 7. 565' of 8" VCP clay tile on 3`d Street, 37`~ Avenue to 38`~ Avenue 8. 205' of 48" RCP storm on Central Avenue at 44`" Avenue 9. 250' of 24" RCP storm sewer on 40'h Avenue 10. 639' of 8" VCP on easement and Madison Street (NICES) 11. 998' of 12" VCP on 50`~ Avenue (MCES) The latter two lines are owned~by MeCropolitan Council Environmental Services. In accordance with the agreement, MCES will reimburse the City $54,774 for the lining work done on their mains. Analysis /Conelusions: The lining is complete and fina) reports and televisrng have been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending finai acceptance of the work and final payment to Visu- Sewer Clean and Seal, Inc. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 0604 and 0704, and ta authorize final payment of $92,023.75 to Visu-Sewer Clean and 5eal, Inc. of Pewaukee, Wisconsin. KH:cb Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 28 CITY OF COLUMBIA HEIGHTS ANOKA C~UNT~, MINNESOTA EPdGg1~TE1E~'S REP~R'Y' ~F FIN~Y~ A~~~P'I'ANCIE 200'7 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 0604 AND 0704 July 23, 2008 TO THE CITY COUNCIL C~JLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYQR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the woric under contract to Visu-Sewer Clean and Seal, Inc. The sanitary sewer worlc consisted of lir-ing the following: 8" VCP on 3`d Street from 37`', Avenue to 38~~' Avenue, 12" VCP on 39`'' Avenue from Huset Parkway to the first manliole east, Madison Street from SOt~' Avenue to 51S` Avenue, and 515t Avenue from Madison Street to Easement between Jackson Street and Central Avenue, 15" VCP on Huset Parkway from Jefferson Street to 5`~' Street and on Jefferson Street from Huset Parkway to the first manhole north, and 18" VCP on 5`h Street fiom 37th Avenue to Huset Parkway. The storm sewer work consisted of lining tl7e following: 24" RCP on 40~h Avenue from McKinley Street to ls` manhole east and 48" RCP on 44t~' Avenue from west ROW of Central Avenue to midblock manhole between Central Avenue aild Tyler Place. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the cantractor in the amaunt as follows: ORIGINAL CONTRACT PRICE CHANGE ORDER FINAL CONTRACT AMOUNT FINAL WORK APPR~VED ALL PRI4R PAYMENTS BALANCE DUE Sincerely, C C)F C UMBIA HEIGHTS e in rl ns ~ `c~ \ i Engineer ~ 333,234.00 ~ 1,396.00 $ 334,634.00 ~ 334,630.00 ~$ 242,606.25) ~ 92,423.75 29 CITY COUNCIL LETTER Meeting of: 7/28/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CTTY MANAGER NO: PUBLIC WORKS ITEM: CHANGE ORDER N0. 1 AND FINAL PAYMENT BY: K. Hansen BY: FOR MiSCELLANEOUS CONCRETE PROJECT #0700 DATE: 7/23/08 DATE: Background: The Contractor has completed the 2007 Miscellaneous Concrete Repairs and Installations. This annual program consisted of curb and gutter, street, alley, dciver~vay, and sidewalk improvements/repairs throughout the City. !! spreadsheet wiYh the fund distribution is attached. Analysis/Conclusions: The Miscellaneous Concrete Program is set up on an annual basis with a preliminary estimate of quantities for the entire year. The quantities of work will vary from year to year based upon actual work performed in the two phases (Iate spring and fall). Work on Central Avenue at 40`h Avenue was delayed until 20d7 because of Mn/DOT permit requirements and weather. The final compensating change order, attached, modifies the contract to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk. All additions to the contract modified quantities only, using the contract bid prices for each work item. Staff recommends approval of Change Order #1. Staff is recommending approval of final payment to Ron Kassa Construction, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Report of Final Acceptance is attached. For informational purposes, the final contract amounts for the past three program years have been: 2004: $ 23,378.80 2005: $ 27,40'7.00 2006: $ 29,477.90 Recommended Motion: Move to authorize Contract Chan~e Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $33,900.00 with funding out of the appropriate funds. Recommended Motion: Move to accept the work for 2007 Miscellaneous Concrete itepairs and Instaliations, City Praject #0700 and authorize final payment of $10,542.82 to Ron Kassa Construction, Inc. of EIko, Minnesota. Attachment: Fund Distribution Spreadsheet Change Order Payment Voucher Engineer's Report of Finai Acceptance COUNCIL ACTION: 30 ~ Z ~ Z ~ ~ w W ~ U Z O U ~ = o O o w Z~ o F- J U W W U~ ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 Q 0 0 ~rs co a ao d- oo ~ c~ rn -~ lf~ tn CD tf) O N CO ~- (D N M O rS I~- ~- O t C) CO ~ ~ ~ ~ N ~, O rY (D CO OD EF} ~t ~ i.f) 00 r- M cY3 ~ ~} r- O tfl r7' ~ I- Ef3 ~ EF} Efl b4 ffl ~ ~ ~ W ~ O o o O O O o 0 0 0 ~ ~ ~ ~ N a ~ O O O O O O I`- (~ c- ~- ~- c- ~ e- M O O O tn ~ O J Q W ~ ~ ~ ~ Q ~ ~ Q O O ~ Q ~ N ~ ~ d ~ ~ O ~ p p t s f1 Q ~ ~ r M 0~ ~ Y f' ~ N ~ j p ~ . - ~ ~ ~ ~ ~' O O O O Z _ ~ ~ rn ~ ~ d 0 0 O N O O N W ~ Q p~p ~.N„ O CNO N ~ ~" H4 N c`~ ~ `~ ~ O ~ ~ ~ ~ H ~ ~ O O O O O ~ ~p O 00 ~ Z ~ ~- C~ = N N _.! ~ O O O O O O O O O O O ~ ~t O N <`~ ti ~' J ~ o ~ ~ N (O •- 6~ N M td3 tf) t0 (0 ~ ~ N t\ ~1 Q N i~ ~ ~ ~ ~. r Cf! tJ.~ ~ ~r3 Eo-3 ~ ~ t~ ~ ~ ~ O O O O O O ~ o Z ~ ~ _ ~d' ~Y ~t d' M ~Y ~ O O O N tfl ~i' N '~ ~D J Q t1~ p t~ .- 00 00 r c~ e- CO OO ~ c- CO ~ o0 O ~ ~ O N o0 ~- ~ ~ op ~ ~ ~ ~ ~ M O ~ N M ~ ~ ~ ~ ~ ~ Ef> ER Efi} ~ ~ ~ ~ O O O O O O O O O Z Q ~ r- ° N N ~ 00 rn ~t ~ cl' ~ N r CD ~ ~ ~ c fl ~ C7 ~ W O O t~f CD ~ N CU ~ ~ ~ Z U lf ) 1~ ~- M c- M ~ CO ~ N t~} lf3 EA Efl Ef} EA ff} !{} E{} _~ ~ Y Y ~ ~ U ~ v ~ c~i~ p Y ~ O V V ~ Y ~ O ~ ~ ~ ~ ~ U U ao (J i~ C~ c!1 ~ C~ ~ oo ~ CO ~ U ~ ~ ~ W Z Z Q ~ ~ Z ~ Z ~ Z ~ ~ F- W O W O W O W O W O O OC U ~ U OC C~ ~ C~ ~ C~ I- c~ CHANGE ORDER NO. 1 Project: 2007 Miscellaneous Concrete Repairs and Installations City Project: 0700 Owner: City of Columbia Heights Date of Issuance: July 21, 2008 637 38~' Avenue N.E. Columbia Heights, MN 55421 Contractor: Ron Kassa Construction, Inc. Engineer: City Engineer 6005 - 250~' Street East Elko, MN 55020 You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $ 12,333.58 Previous Cl~ange Orders No. _ to No. _ Net Change from Previous Change Order: None Contract Price Prior to this Change Order: Cantract Time Prior to this Change Order: $ 12,333.58 Net Increase of this Change Order: Net Increase (Decrease} of Change Order: $ 33,900.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $ 46,233.58 Recommended Approved By: By: City Engineer Ron Kassa Construction, Inc. Approved Bya Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager 32 Attachment to Change Order No. 1 City Project 0700 Fage I of i Owner: City of Columbra Heights Contractor: Ron Kassa Construction, Inc. Project: 2007 Miscellaneous Concrete Repairs and Installations Description of Changes: The Public Works Department requested these items be replaced. Item No. Item I~escription Unit uanti Ur~it Price 1 Remove curb and gutter L.F. 793 $ 5.00 2 Construct concrete curb and gutter L.F. 793 $ 17.00 3 Remove street/alley S.F. 750 $ 1.50 4 Construct 8" concrete street/alley S.F. 750 $ 3.60 5 Construct 6" concrete driveway/apron S.F. 860 $ 3.20 6 Remove sidewalk S.F. 635 $ 1.10 7 Construct 4" concrete sidewalk S.F. 3,165 $ 2.90 TOTAL OF CHANGE ORDER NO. 1 Total Estirnat~d Price $ 3,965.00 $ 13,481.00 $ 1,I25.00 $ 2,700.00 $ 2,752.00 $ 698.50 $ 9,178.50 S 33,900.00 33 CITY OF COLUMBIA HEIGHTS GONSTRUCTION PAYMENT VOUCHER ESTlMAl'E i~0. FINAL DATE: June 27, 2008 F~ERIOD EI~DING: May 34, 2008 CUNTRACT: 2007 Miscelfaneous Concrete Repairs and Installations PROJEC°f ~10. 0700 ~'(,~: ROIU l~ASSA CONSTRtJGI'ION, INC. 6005 - 250th Street East E~k~,, MtV 55020 952-461-3715 ~1. Original Contract Amount $'12,333.58 ............................................................................................... B. Tatal Addition .................................. $33,900.00 ................................................................................................. C. Total Deduction $0.00 ................................................................................................................................... D. TOTAL CC3NTRACT AMOUNT .....................................................•--............................. $46,233.58 E. TOTAL VALUE OF WORK TO DATE ....................................................................... $46,223.90 F. LE~~ RET/~Ihl~~ ~. Previous Payment(sj ................. ($35,681.Q8) ..... .................................................................................... Ho TtJTAL APPROVED FOR PAYMEt~T THIS VOUCHER $10,542.82 I. TOTAL PAYMENTS INCLUDiNG THIS VOUCHER .. .............................. $46,223.90 APPROVALS $0.00 Pursuant to our field observations, I hereby recommend for payment the above stated amount for work perfQrmed th~raugh iViay 30, 20~8 • ~igned by: ~ ~~ Dat - j ~-~~~ Date Warks Director Signed by: ~:~A~CONSTRUCTION, tNC. 34 CITY OF COLUMBIA HEIGHTS ANOKA COUl'~1TY, MIP~]NESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 200~ MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIC}NS CITY PROJECT NUMBER 0700 July 23, 2008 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONaRABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Ron Kassa Constniction, Inc. The work cansisted af curb and gutter, street, alley, driveway, and sidewalk improvements/repairs throtighout the City. The contractor has substantially completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTR.ACT PRICE $ 12,333.58 CHANGE ORDERS ~ 33,900.00 Fii`~1AL CONTRAC'T All~O~.TNT ~ 46,233.5~ FINAL WORI~ APPROVED $ 4b,223.90 ALL PRIOR PAYMENTS (~ 35,681.08) BALANCE DUE ~ 10,542.82 Sincerely, CI OF CO UMBIA HEIGHTS ~ ~ ~ ~ e in R. ansen o~~ City Engineet 35 CITY COUNCIL LETTER Meeting of: 7/28/08 AGENIIA SECTION. CONSENT AGENDA ORIGINATING DEPARTMENT: CiTY MANAGER NO: PUBLIC WORKS TTEM: DESIGNATE NO PARKING ON SOTH AVENUE BY: K. Hansen BY: WEST OP CENTRAL AVENUE DATE: 7/23/08 DATE: Background: A right turn lane is planned for westbound traffic on 50`h Avenue entering Central Avenue. To construct the turn lane, the traffic signal at the southwest corner will have to be relocated. Signal operation will be shifted to a timed sequence during construction. There is no cost to property owners for ihe work but traffic on 50`h Avenue may oe interrupteci during constructian. Top Valu Liquor, Super America and the overflow parking area all have driveway access onto this section of ~0`h Avenue. Super America was notified of tonight's meeting. Analysis /Conclusions: Staff recommends "No Parking" from Central Avenue to 225' west of Central Avenue. Combined with the construction of a right turn lane from 50`" Avenue onto Central Avenue, the "No Parking" designation will improve traffic movement through the intersection. Recommended Motion: Move to designate "No Parking" on 50`h Avenue from Central Avenue to 225' west of Central Avenue. KH:cb COUNCIL ACTION: 36 CITY CCJUNCII., LETTER Meeting of 3uly 28, 2Q08 A~CaEI`~`~;I7A SECTIQI~T~ C~sent C?RIf~',aINf3'TING UEPR,~tTA1[ENT CITY M~Al~ACi~It NO. POLICE .,,,~ APPR4VAL: TTEM: Transfer af Funds frarn General Fund to Palice BY: Scott Nadeau Y: NO. Dept 2008 Budget Overtime Line #1020 DATB: July 21, 2008~~,, DATE: s.~cxGROU~vv During the time period of April through June of 2008, the Police Department took part in the Anoka County D'4~VI Task Force program. At the end af ~Tune, ~re receive~ reimbursement through gra~t fi~t~ds from the State ofMinnesota in the amaunt of $4,855.23. This money was ariginally paid aut of aur 2008 avertame budget and we would like ta rei~nburse these funds. During the time frame ofMay 19 ta June 1, the Police Departrrient toak part in the Statewide Safe and Sober pragrain. This pragram involved putting offzcers on our s#reets on overtime enforcing Driving Whi1e Intoxicated laws and the use of seatbelts. In July, we were reimbursed by the State of Minnesa#a in the aanauzat af $2,1 Q4.76 for the overtime expended. The money was originally paid aut ofaur 2Q08 Overtime budget and we would like to reimburse these funds. ANALYSIB/CONCLUSION Since the overtime dallars used ta participate in this program were initially paid aut of our 2008 Police Budget and because, accarding ta the Finance Director, the funds received from the State to repay this expentliture are initially cor~sidered revenue, they must be placed in the Gen~ral Fund. T'he Folice Depar~snt wa~tzld lil~e ~~ese fiza~ds, $4,855.23 frc~ra~ tlte A,r~ok~. Couaa~y I3WI Task ~'oree, ~nd $2,104.'76 from the State of Minnesota far Safe and Sober moved back into our 2008 Pafice Department Budget Iine #1020 (Overtirne} frorn the General Fund. RECOMMENDED PvI+~TION Move ta trai~sfer $6,959.94 ($4,855.23 frorn the Anoka County DWI Task Force aud $2,104.76 from the State of Minnesota for Safe and St~ber) to the Police Depariment 2048 Budget line #1020 i7vertime. kao COUNCIL ACTION: 37 Paul Banesteel -~PaymentC)etail. df ~ - - m_~~~ ~ ~~ ~ ~~ ~ ~~.~ Pa e 1 ~~ ..µ..~,~,,, .~_ ~ ~' ~ ~ 17epartment of Finance - Vendor Payments - PaymentDetail ~ Paymeut Detail Far Vendar: CDLUMBXA HEXGHTS CITY CrFT No. ~367720010D Page 1 of i 4t10 Centennial Building 658 Cedar Sfreet Sain# Paut, MN 55165 Phone 651-209 -8000 Fax 851-296 ~8685 Mi»nesota Relay Service Ifyou have any Guestiotts reg~ding this payment, c~il the Contacf Phone Ntunba~ iistal nu'~ct tn fhe Agency CodelDescription . This is the state agauy that made the payment to you and will be able to attswer any questions. Pa~rment Number : EFOOU03469163 Paymenfi Ama~nt : 32,044.35 Payment D~te : 2008/07/11 Agency Code/ Contact Phone Voucher aeseriptian Nurnber Number B22 DEED- 6511259 -7058 01000645003 FISCAL P07 ST PATROL- b51I201 -7024 SOOOQ00a692 ERNESTO P47 ST PATR4L~ 651/201 -7024 SQOU0004693 EItNEST4 P07 ST PATRtJL- 651(201 -7020 500~4004G94 EANESTO Return ta Payr~ent ~unnmary Pa~e_ Vendor Payment Invaice Number Amount CCGP-OS-0037-Z-FY06 #6,7 27,189.12 NIGHTCAP POLTCE 4/5- 2b108 NlGHTCAP POLICE 5110- 30148 NfGHTCAP POLICE 6I7- 28lQ8 Seiect a ~iffe~~ent Locafion 1,604.91 I Q~Q~', ~~ 0~ 2,oa7.o7 ~w b U`~ I,207.25 ~.~ut~Q' ~ A ~ ci L~} C `-~ f ~ t"'~- C G ~ ~ ,l ` ! (~ (/c. , CP.~ ! "' 4~ ~ 1 ~11~ `. G' ~ / ~ ~c_,/ ~~ I ~,~ 5 ~ f ' v ~'"C C , ""'" % fi e C.''i ~-? G-.i ~~ ~ % Y'c ~^~~{s`~ ` ' ~ j~Q ,~ ~~~~3 ~ ~~ t'c"r~-,s~t~-~,Q ~'`~,f.,,y Gv,,~,~.~.. ~.,..~C? fc, f=v/~c e ~~~~ ~t ~~:~~• ~3 I~ttps:!/www2.mai nserverstate.rr~n .us/potwiservlet/PaymentDetait.j sp?PaymentNo=EPO 04Q34691b3&Pay.,. 7II 1l2008 ~ 38 ~tightCAP Anaka Gounty dWl Task Force Invoi€ A ene Name: Columbia Hei hts Police De artment Agency Address: 559 Mill Rd. Co[umbia Hei hts MN 55421 Contacf: C I. Paul BonE 7~3-708-37~ SATURATl~N DATES S: Tt)TAL OVERTIME H4UR5 WCIRKED: TOTAL INVOICE AMOUNT: FEDEiZAL FUNDS ALLOCATED: $15,200 06/07108 8. 50 ~446.16 $6, 833.62 06/14/08 8. (?(} $4'i 9.91 $6, 387.46 06i28/08 6,50 $341.18 $5,967.55 $5,626.38 $5,626.38 $5,626.38 $5, 626.38 $5,626.38 $5,626.38 $5,~26.38 $5,626.38 $5,626.38 TUTA~.S: 23.fl0 $1,207.25 $5,626.38 CFDA Number: Z0.608 This block for State Use Only Vendor Number: 036772001-Ofl SFY: CJ8 Order Number: 5000-5~ Agency: P07 Fund: 300 (~rg: 5154 Appr: 530 Report Caf: APPROVAL SIGPtATURES County or City Authorized Rep, Dafe I flistrict Authorized Rep. Federai Projects Director Dafe REtVItT TO: Lt. Paul VanVoorhis Federal Projects Caordinator Minnesota State Pafra( 2005 North Ls{ac Dr. Golden Valley MN 39 Fax: 651-591 ~4676 Nigh~CAP Anoka Caunfy f3Wl Tasfc Force Invoic A enc i~ame: Columbia Hei hts Police De artment Agency Address: `59 MiH Rd. ~o1~!mbia ~ei ht~ M[~ ~5421 Contact: C!. Paul Ban~ 763-706-37~ SATURATION DATES{$ : ToTAL ~VERTIME tiOURS WORKED: TO'TAL INV~ICE ANi(~UNT: FEDERAIL FUNDS ALLOCATED: $'t8,200 Q5110/08 9.00 $472.40 $8, 880.69 Q5!'E 7/08 10.50 $551.13 ~8,40$.29 Oa/23108 9.2~ $485.52 $7,~57.16 05l3Q/08 10.25 $538.09 $7,371.63 $6,833.62 $8, 833.62 $6, 833.62 $6,833.62 $6, 833.62 $6,833.62 $6, 833.62 $6, 833.62 TOTALS: 39.00 $2,047.07 $6,833.62 CF'LlA Number: 20.608 ~'his block for State Use ~3npy Vendor Number: 036772001-00 SFY: t38 t~rder Number: 50(}0-5t Agency: P07 Fund: 30p Org: 5154 Appr: 530 Repar# Gat: APPROVAL SIGNATURES County or Ci~y Authorized Rep. Date District Author'~zed Rep. Federai Projects Directar Dafe REMIT TO: Lt. Paul VanVoorhis Federal Projects Coordinator Minnesota State Patrol 2005 North Lilac Dr. Golden Va11ey M~# 40 ~ax: ~ 651-591-4676 h~~ghtCAP ~e~ok~ County QWt Task iForce lnvoic IA enc Name: Columbia Hei hts Police De artment Agency Address: ~~~ Mill Rd. , Columbia Hei hts MN 55421 Gontact: G I. Paui BonE 763-7Q6-37C SATURATIQN DATES(S : TOTA~ OVERTINIE HOURS WURKED: TOTAL tNV~ICE AMtJUNT: FEDERAL FUNDS ALLOCATED: $19,200 04/05/08 8.75 $45928 $10,4$1.60 04/05/08 8.75 $459.28 $10,Q22.32 d4l19108 4.50 $236.2Q $9,563. a5 04/26108 8.50 $446.16 $9, 326.85 $8, 880.69 $8,88p.69 $8, 88(}.69 $8,880.69 $8,880.69 $8,880.69 $8, 88C?.69 $8,880.69 TOTALS: 30.50 $1,600.91 $8,880.69 CFE?A Number: 2t}.608 Vendor Number: ~36772001-04 ~ SFY: 08 ~Order Number: 5000-5~ REMIT TO: . Lt. Pauf VanVaorhis Federaf Projecfs Caordinator Minnesata State Patrol 2005 Narth Lilac Dr. Golden Valley MN 41 Fax: 651-591-4676 ~Agency: P07 I Fund: 300 IOrg. 5154 ~ Appr: 530 ( Report Cat: 235516 ~'ayee: 108367 COLUMBTA HEIGHTS POLICE DEPT Check No. - 235516 5tub 1 0~ 1 Check Date - 7l10/20b~ Supplier Invoice No Date Remark PO Amount tl7GBC38 ?J812u48 SAFE ~ SOBE~. ?RC~PAP~I 2:109.76 ~~-E~ -~~ C~-C ~c~ g ~~~ ~ 1~ ~ ta ~V ~ ~ 2,ZQ4.~6 P~EASE DETAGii BEFORE DEPOStTING ~ v~~ ~ COON Ar'~IDS. MN o~433 23 5 516 9iU ~ ~~~6~ ~~°~~ ~~~~ ~~ ,.-.. iVfiNN~St7~T'A -.~~....~....- ,-~= c„y.Uic~o~n,~;a~ hlUMBEP 00235516 .. ~iusR~dw+w„arhr "<' im,,,aa~;nanmssr}..r,~~~ S YGriS5.283U FnY rfi~7~;%.vt91 oA~ ~~ia~aoos AMQUNT s~****Z,ia4.~6 ~~d4s'~ TWO THOUSAND ONE Fit7I3DRELt FOUR AND 76/100*************~**********'~*~***~****'`**~***+** rarH~ CQLUMBIA HETGHTS POLZCE DEPT o~D~~ t7F ~F~ ~ ~t~- ~ _____ V ` / ~ ~^tv q~+ AUTI-40RIZED SIGNATURES E~• 2 3 5 5~6~-^ '.Q9 10000 194pD0 i~00 14.300i+' tQ 0 t ~ Q~ t!~ ~ Ll.) 0 ~ w B N ~ 0 0 N F ~ ~ ~ ~ ~ ~ N C~i ~ c~ et' ."~ ` ~ Q7 pp ~ ,r ~ Gn T M r Q m L' ~ C t~ ~ ~„7 N ~ ~ C~} + tU .Q ~j} ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~ ~ ~ N .~ ~ ~ r r li} {y~ ~ ~ L4 fn ~ r ~ c^ "~ y} " r- ~ ' {~ E~ ~ -- 0 o a a ° ~ ~ c ~ o a o o ~ ~ ~ ~ v ~ ~ . ~ ~. 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L- ~r Q' ~r d' oo c~7 ~r ~t' v d' v 'ct ~ ~t' ~ Q v ~t' v ~f' ~t ~Y ~ ~ ~r ~f' c `Y' o 'G' d~ M r N N ffl {~!> if9 Efl EF? Et} tf3 ffl lf} ff? EF} Et3 Ef} EF} tf} tfl E3 EA ~ 0 ~ o a Q ° ~ _ ~ ~ N '~i' N -~ ~ rn M M M U7 C'~3 ~ M ~ ~- C~t t~- e- d' s'~} N N t~'S {~.E ~ ~ aD ~-- t` c'h N M O M tS~ ch ~ c~'J ~ m Q3 ~ ~ td ~ C ~ ~ '~ N ° ~ :~ .~ ~n ~ c ~ ~ -Y G ° ~ ~ o L ~ p ~ Q .C '= (t3 ~ ~ . (6 O ~ S m ~ tU m C ~ ~ ~ ~p Y Q ^ ~ ~ `~ '''' {/1 ~ ~ ~;( ~ c , ~ N ~ = t~s US '~ ci3 !ll o c~6 ~ W ~ ~ .~ p ca «5 ~a O ~ ~ '~. LO ~ ~ Y cU O, • Z ~ ~ ~ C7 I- U' CA -~ ~ Q ~ ~ ~ tli C1 f~ W h f-- ~ a v 0 ~ ~ E E ~ _ m as ~ .fl a m ia ~ ta 'O m N c rn N N n COLUMBIA HEIGHTS - CITY COUNCIL LETTER A.~ENLA SFCTIQN° C~nsent Agenda ORIGINATING DEPARTMENT: ~eeting date: No. Fire ITEM: Resalution Adopting Compensation Rates Far BY: Gary Gorman Paid-an-Call Firefighters DATE: July 28, 2008 No: 2008-161 Paid-on-Call Firefighters (Volunteer) are compensated for the various tasks that they perform. These tasks inclucie sta~ion duty, outside activities, training, and emergency medical and fire catise Firefighters also have a long list of mandatory certifications and training that has been impased by the State of Minnesota, State and Federal OSHA, National Fire Protection Association, and FEMA. The current wage scale dates back to 2003. Changes being proposed to that scale include: • Combining the bottom two steps into one step for new firefighters. • Increasing the Fire Motor Operator differential pay by $.50 per hour over current rate. • Eliminating the Captain position at the Paid-On-Call level. • The Firefighter wage was adjusted by the same percentage that was granted since 2003 to seasonaUtemporary employees, that being 3% for 2006, 3% for 2007 and 3% for 2008. • The Lieutenant rate is a$2.00 per hour differential rate rather than a set rate. The recruitment and retention of firefighters is very difficult for all cotnmunities but especially in Columbia Heights. During a recent six-week open application period for new firefighters we only received seven applications, with one of them being a former firefighter wanting to return. Using past statistics we may get two to three that will make it past probation. With the possibility of having four ta six firefighters retire or leave within the next year this is a very disappointing trend. With the increased arnount of trair~ing, certifications ay~d haurs needed to be z firefighter it as becorning m~re difficult to have citizens give up that much time away from their other priorities and their families. RECOMIVVI~NDED MOTION: Move to waive the reading of Resolution No.2008-161, there being ample copies available to the public. RECOMIVVIENDED MOTION: Move to adopt Resolution No. 2008-161, being a Resolution establishing various compensation rates for the Columbia Heights Fire Departir~ent Paid-on-Call division effective January l, 2008. COUNCIL ACTION: 45 RESOLUTION NO. 2008-161 ~EING A~22ES~I,UTIC3N E5~`A~LIS ~ V OUS Ca ENSATIt)N TE~ FOR THE COLUMBIA HEIGHTS FIltE DEPARTMENT PAID-ON-CALL DIVISION LEVEL STATION DUTY & DRILLS FIl2E CALLS Appointment to Paid-on-Call Division (possession of, or $7.00 $7.00 attainment of EMT Iicense Attainment of Firefighter I certification and completion of in- $8.50 $10.00 house trainin Completion of one year $9.99 $12.84 robationa eriod Fire Motor Operator differential $1.50 $1.50 Lieutenant differential $2.00 $2.00 Adjustments effective January 1, 2008 Passed this 28th day of July, 2008, in the City of Columbia Heights. Offered by: Secanded by: Roll call: Ayes: Nays: Mayor Gary L. Peterson Attest; City Clerk Patricia Muscovitz 46 CITY COUNCII., LETTER Meetin~ of July 28, 2008 AGENDA SECTI4N: Cansent ORIGINATLNG DEPAItTMENT CIT`~ 1VIANAGEi~ NO. POLTCE t~'PROVAL: ITEM: Adopt Resalution 2008-162 authorizing the BY: Scott Nadeau BY: execution af agreement and participation in fihe Safe and DATE JuI 1, 2048 DATE: Sober communities grant progzam _ - - ~,=~~ ,-~ ~o. . -'" BACKGROUND ~ The Columbia Hei~hts Police Deparlment has again been invited by Minnesota Safe and ~ober ta join the Coon Rapids Police Department, Anoka Police Departnient, Blaine Police Department, Fridley Police Department, Lina Lakes Police Department, Ramsey Police Department, and Anoka County Sl~eriff's Office to apply for the 2008-09 Safe and Sober grant. This grant allows the departrnents invalved ta place additional officers on the streets of aur cities in four-haur increments in order to detect, deter, and cite for moving vialations in our city. Emphasis is placed on seat belt use and arresting impaired drivers. ANALYSIS/CONCLUSION The Calumbia Heights Police Department has trained our personnel to the level required by the Safe and Sober program in order ta participate in this pragrarn. We have researched the program and we ~~ave obtained a commitment frn~rz our officers that they will make themselves available to participate in this prograrn by signing up for overtime shifts during their ofP duty times. The Columbia H~ights Police I~~partrr~~nt beli~ves that t~is program will banefit our city and its citizens. ~CC3M[NIEI'~DElD lifIU7CY(3N: Mo~e to wai~ e the r~ading af Resolutian 2~08- 3~2, there being arnple copies available for the public. It~+CCJIYIMENDEI) 1VI~'TIC3N: ~ov~ t~ ac~opt l~.esolutian 2048-162 authorizing the execution of agreement and participatian in the Safe and Sober Communities grant pragram. kao COUNCIL ACTION: 47 R.a~so~uTiarr ~to. zoos-~~z RESOLIT'FION AUTHORIZING EXECUTTON OF AGREEMENT AI'~ID PARTICIPATIt3N IN THE SAFE AND SOBER COM[M~JNITIES GRANT PRUGRAM W~IEREAS, the City of Columbia Heights Police Department shall enter into a grant agreement wrth the Minnesota Department af Public Safety, Off ce of Traffic Safety, for the praject entitled Safe & Sober Cammunities during the period 4ctober 1, 2008 thraugh September 30, 2409; and WHEREAS, Chief Nadeau of the Columbia Heights Polzce Department is hereby authorized to execute such agreements and amendments as are nec~ssary to implement the project on behalf of the Columbia Heights Police Department; and NOW, THEREFORE 8E IT RESOLVED that Chief Wells of the Coon Rapids Police Departrnent is hereby authorized ta be the fiscal agent and adnninister i:his gra.nt on behalf of the Columbia Heights Police Department. Passed this _ day of 2008. Offered hy: Seconded by, Rol~ C~11: Mayar Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 48 CITY COUNCIL LETTER Meeting of: '7/2$/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CTTY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION 2008-166 AMENDING CERTIFIED BY: K. Hansen BY: LEVY FOR PROJECT 0502 DATE: 7/23/08 DATE: Backgrou~cd: In October of 2006 Council adopted the assessment roll for 2006 Street Rehabilitation Project. The Post Office located at 940 44`h Avenue was included in the assessment. The City received a notice from Brian Marshall, Facilities Requirement Specialist that the United States Postal Service is not subject to special assessments. The City Attorney agrees with this. Analysis /Conclusions: A resolution stating that the USPS is exempt from special assessments is required for Anoka County to remove the assessment from the Post Office property. The balance will be paid out of the infrastructure fund (430) Itecommended Motion: Move to waive the reading of Resatution No. 2008-166, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2008-166, being a Resolution amending the certified levy for 2006-Z1-44-001 and 2006-Z1-44-00~, removing the United States Postal Service property at 940 44`h Avenue NE, PIN 36-30-24-22-0107 from assessment roll. KH:cb Attachment: Resolution COUNCIL ACTION: 49 RESOLUTION NO. 2008-166 BEING A RESOLUTION TO AMEND THE CERTIFIED LEVY FOR 2006-Z1-44-001 AND 2006-Z1-44-002, COIJNTY FLTND NUMBER 84056 WI~REAS, the City of Columbia Heights assessed certain properties for 2006 Street Rehabilitation projects on Tyler Place and 43'h Avenues; and WAEREAS, the City assessed the United States Postai Service at 940 44`" Avenue, PIN 36-30- 24-22-0107 as part of the project; and WHEREAS, the United States Postal Service has provided information to the City Council concerning the exempt status of the USPS. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the above described property is exempt from special assessments and shall be removed from the certified levy for 2006-Z 1-44-001 and 2006-Z 1-44-002, County Fund Number 84056. Passed this 28th day of July 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 50 CITY COUNCIL LETTER Meeting of July 28, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEIv1: Rental Hausrng BY: Gary Gorman BY: Licenses NO: DATE: July 21, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for July 28, 2008. COUNCIL ACTION: 51 List of 2008 Rental Licenses ta Apprave Occupany I.~o Property Owner Name Property Address 10504 ~4noka County Community Action 4304 5TH 20176 Koke Properties 4108 MADISON ~p~pg Anoka County Community Action 4641 POLK 30003 Crestview Corp. 1675 44TH 30008 Columbia Court Town Homes 841 41 ST 30013 First Select Equities 4241 3RD 30033- Koke Development 3835 Tyler 30096 Peter°s Place Apartments, LLC 1000 PETERS 30155 F.C. Celtic ~LC. 3849 CENTRAL 34002- C.H. Properties 4655 5TH 34p4g- Nancy Abbott 1429 42ND 10038 Jim Adams 838 41 ST 122pg Luis Agudo 1319 CIRC~E TERRACE 20214 Shacker Alnajjar 4637 PIERCE 20013 Shirley Apollo 1132 45TH 10076 Lahoucine Baujnikh 1400 PARKVIEW 30173 Diane Berg 4233 3RD 10012 Brian Bona 4015 7TH 1000$ Heather Callier 4033 ARTHUR 20063 Walter Caughey 3959 POLK 20089 Jenn-Yuan Chen 1211 CHEERY 20089 Shin Chiang 1211 CHEERY 20016 Bryan Glem 397C VAN ~UREN 10236 Patrick Codute 4542 4TH 20236 Dennis Coppess 3861 EDGEMOOR 20046 Angela D'Angelo 1815 41 ST 20283 Ita Ekah 3801 PIERCE 20203 Delanza Elliot 1124 45TH 30120 Salah Farghaly 4633 Tyler 30070 Michelle Ferreira 4422 CENTRAL 12221 William Field 4433 MAIN 12066 Marian Franz 3830 3RD 20126 Raymond Fritz 1332 CIRCLE TERRACE 30010 Vicente Gav~lan 3819 MAIN 30051 Bernard Gulland 970 43 1/2 10068 Daniel Hackett 567 37th 10068 Dennis Hackett 567 37th 20012 Bette Harlan 5252 WASHINGTON 20154 Bette Harlan 5200 WASHINGTON 20036 Diaa Hassan 4317 3RD 10079 Enes Hegic 4525 CHATHAM 52 07121 /2008 14:26 Page ~ List of 2008 Rental Licenses ta Approve Occupany I.Da Property Owner Name 10p88 Jason & Julie Hetland 20084 Mike Hozempa 2QQ24 Marge Janson 2p068 Warren Jeung 10122 DaveJohnsan 12088 Dorn King 20108 Wade Klick 10018 Brian ~eMan 20061 Terry ~emke 20244 Steve Leske 10125 Liliana Letran 20117 Ping Luu-Wang 20100 John Majewski 10112 Nuvia Maldonado 20280 Dale Melberg 12050 Kathleen Mills 10226 Ines Miranda 20140 Alexander Moseychuk 10032 Marlin Moske 1018$ Kevin Mullen 12174 Kenneth Myhre 10081 Walter & Sherri Newago ~ 21 ~ 8 J~net Nielser~ 10080 Linnea Nordahl 20033 Tom Okerstrom 20086 Robert Ok~ro ~ pgg~ Ernest Onyia 30006- Theodore Parker 20381 Gary Peterson 30064 Michael Prokopiuk 12093 Barbara Reed 20096 Mohmoud Rifai 20098 Mahmoud Rifai 20118 Allen Ringate 12219 Cheri Runke 20055 Tokan Sarsour 30120 Brad Schumacher 30112 Maumer Sekizovic 30132 Maumer Sekizovic 2p~72 Riley Shemica 20409- Audrey Stauch Property Address 1319 43RD 3804 3RD 1266 CIRCLE TERRACE 4919 JACKSON 3808 Reservoir 4516 Taylor 3736 3RD 5140 7TH 3933 ULYSSES 4526 Tyler 3723 JACKSON 1214 45 1/2 3825 JOHNSON 4216 JACKSON 3719 PIERCE 1129 CHEERY 4258 2ND 5043 JACKSON 1012 GOULD 4149 POLK 1143 CHEERY 5159 7TH 650 47 1 /2 2106 41 ST 4619 Taylor 14Q0 CiRCLE TERRACE 1401 46TH 3839 Tyler 3713 BUCHANAN 3853 EDGEMOOR 4524 FILLMORE 1201 37th 1137 37TH 1300 45 1 /2 4201 6TH 4002 Reservoir 4633 Tyler 4357 Tyler 970 44TH 1214 CHEERY 4161 Tyler 53 07/21 /2008 14:26 Pag~ 2 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address - 10017 Richard Stueland 20104 Ty Thompson 2CQ67- V~Ji!lard Thorp 20186 Joseph Tohey 10043 Bernard Ubl 20333 John Utke 20070 Stanley Van Blaricom 20071 Stanley Van Blaricom 20072 Stanley Van Blaricom 20073 Stanley Van Blaricom 20264 Larry Wakeman 20266 Larry Wakeman 10036 Robert Witt 20112 Bart Woolsey 30161 Myong Yi 1035 45TH 4645 Taylor '! 411 37th 1230 CIRCLE TERRACE 3707 JOHNSON 3849 JACKSON 4500 Tyler 4507 Taylor 4513 Taylor 4529 Taylor 4600 4TH 4606 4TH 4222 MONROE 3720 PIERCE 4546 Tyler 54 07/21 /2008 14:26 Pa9e 3 CITY COUNCIL LETTER Meeting of: July 28, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEMe License Agenda BY: Shelley Hanson DATE: NO: DATE: Jui_v 22, 2008 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the July 28, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. R~C~1L~~l~D~D lO~OT'IO~I: Move to apprave th~ iterns as listed an the business license agenda for 3uly 28, 2008 as presented. COUNCIL ACTION: 55 TO CITY~ COLJNCIL July 28, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Heating & Caoling Two 18550 County Rd 81, Maple Grave $60 *PMR Mechanical 13166 Fioral Court, Apple Vailey $60 *Alta Htg & Plumb 19260 Mushtown Rd, Prior Lake $60 *Commercial PI & Htg 24428 Greenway Ave, Forest Lake $60 *1'ractical Systems 4342B Shady Oak Rd, Hopkins $60 ~Aspen Ventilation 9815 Pioneer Trail, Greenfield $60 Bremer Construction 215 Wabasha St So., St. Paul $60 *Nelson Bldg & Devel 2 Division St E#201, Buffalo $60 *Metro Utilities 9656 1615Y Ave NW, Elk River $60 56 CIT~' OF COLUMBIA HEIGHTS FINANCE DEI~ARTMENT COLINCIL MEETING OF: Julv 28, 2008 STATE OF I`d1INhTESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 126618 through 126805 in the amount of $ 3 031 505.58 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 57 ~w ~~~~~~ H L7 ~ * x~ * * ~a ~ ~ H p: ~ ~ WW ~ ~ x~ * * o * ~ r.~ U ~ ~ H i~ ~K (p <M i~ ~K Q+ ~ h ~ -K U] ~ k i~ a~ ~ ~ w 00 ~ ~ v~ v~ ~ ~ ~ ~ ~ Gr,~ (Jj a' ~ # H O ~ O O i~ -K ;~ P+ ~-i in C ~ ~ N U >+ o in ~ ~ .~ u H U" U" ~ ~ ~K ~N -K -K N l0 C~ # i~ Ill ~"i ~D ~K # ~k ~k is i~ O '.i O ~ ~ c~ ~ a ~~~~~~ z ~ i~ ie H N + ~ H ~-i H ~ ~ m a~o ~ ~ H ~~~~~ ~~~~~~~~ a ~ ~ a ~~~z~~ ~,~~~s~~,~+~ ~ aaaa~ .~.~.~.~.~ .~.~~,~x.a,~.~ ~ ~ a ~ u ,~ ~ ,~ u .u .u .u u u u .u a~ ~ ~ F-i U ~ H H H H U ~ ~Zi ~ ~ * * O ~ ~ ~ ~o u~ ~ ~ U U U U~ O ~ cn ~ ~ u N ~u -~ ~ ~ ~ ~ x 2 z Z Z o x~ * ~ U ~ '~~~~ic N ~+ N ~ ~ ~ N ,'~' ~ ~K m J-~ ~M U ~ O O O O* c~ G R+ ~ ~ ~ ~ •~ ~ ~ r N sa ~ UUUU~ o -~ a u ~ + . . . . , . . . . . . . . . . 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This program is also a continuation of the Councils' 2005 Goal of "improving the City's housing stock". Since the June meeting, in order to inform individuals and affected groups, a number af communication mechanisms were established including the City's web site, cable, newspaper articles, pubiic flyers, a real estate forum and meetings with the North Metro Realtors Associations' board of directors. In additian ta the aforementioned, staff has had a significant number of positive telephone conversations regarding this issue. Attached is a modified RIBS Ordinance with the following changes: 1) Clarifies that only single family and two-family properties will be inspected 2} Clarifies the definition of Immediate Hazard and Sale (Articlel, Section 3 items #10 and #14) 3) Allows for an extension of the 90 day eompletion rule on escrows due to extensive repairs or seasonal issues (Article 2, Section 5 (1) 4) Allows hazardous items to be escrowed based on a holding of a Certificate of Occupancy until the items are completed (Article 2, Section 5(2) 5) Article 2, Section 6 and 7 is new language which: 1) details the process of renewing a certificate of property maintenance; and 2) the timelines associated with re-listing a property if the RIBS inspection was complete but no certificate of Property Maintenance was issued. 6) Article 2, Section 8 is new language, which states that if a property is for sale, prior to August 28, 2008, their grandfather rights terminate on January 1, 2010. This clause effectively gives a house, currently on the market for sale, 17 months to sell and if not, the unit will then have to comply with the provisions of aur IZIB Ordi~ance on the aforementioneu' date. If the Council approves this item, staff wiil prepare for the August 2~, 2008 meeting contracts for two private contractors. Staff has star~ed the interview proeess and will detail out at the meeting the selection process. 'Recoa~-~end~taon: Staff rec~mr~-bends Adoption of Ordinance No. ? 54$, Amencling the City of Col~~mbia Heights code by adding language establishing the requirements of the Columbia Heights Residential Inspection Before Sales Program. Recommended Motion: Move to waive the Reading of Ordinance No. 1548, there being an ample number of copies available to the public. Move to Adopt Ordinance No. 1548, an Ordinance Amending the City of Columbia Heights code by adding language establishing the requirements of the Coluinbia Heights Residential Inspection Before Sale Program. Attachnsents: RIBS Ordii~a~sce #1 ~~18, Process Flow Chart, Inspectioras Checklrst, Meeting Minutes ofJu/y 9, 2008-Real Estate Informatiorzal Meeting, arad North MeUro Kea[tors Associatton [ arrcxng rorn[.r COUNCIL ACTION: 65 Ordinance No. 1548 AN ORDIANCE AMENDING THE CITY OF COLUMBIA HEIGHTS CODE BY ADDING LANGUAGE ESTABLISHING THE REQUIREMENTS OF THE COL~BN~~~A F3E6~H~'~ ~E~9~3~i~TE~L It~~~E~TILIR~ ~E~~R~ ~~~~ PROGRAM Chapter 5B. Residential fnspection Before Sale Program Article 1. Purpose and Definitions Section 1: Purpose. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve residential housing by providing an orderly and effective way to insure compliance with housing codes and provide an inspection system applicable to increased concerns for health, safety and protection of its citizens. Section 2: Intent~ Relation to the Provisions of Citv Code. The City Council intends that the Residential Inspection Before Sale Ordinance (RIBS) be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. 1. Certificate of Occupancv: A document issued bv the Buildina Official allowinq for occupanc~or use of a buildinq and certifying that the structure or use has been constructed or will be used in compiiance wirh all fhe a~,plicable codes and ordinances. 2. Certificate of Property Maintenance: A certificate issued to the owner of a dwelling after a housing inspection when no deficiencies or hazardous items ar~ f~und ar when all canditions identified in a Compliance Order have been ~afisfied. 3. Code Official. The Code Official refers to the current city Building Official or the designee. 4. Compliance Order. A document issued to the owner of a dwelling after a housing inspectian that requires the correction of identified deficiencies or hazardous items. 5. ~es~ia~ Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins, or trailer coaches. 6. Dwelling, single-family: A building so designed as to contain one (1} dwelling unit as its principle use. 7~ Dwelling, two-family: A building so designed as to contain two (2) dwelling units as its principle use. . , 66 , , , 10. Modular or Prefabricated Dwellinq: Includes dwellinq units placed on permanent foundations, which meet or exceed the requirements of the current Minnesota State Building Code. 11. lmmediate Hazard: A condition, structural failure, or defect that is likely to cause immediate injury ta a person or property if not corrected. 12. Owner's agent: A person who acts for or has the power of attorney or other aufhority to act on behaif of the awner of a dwelling. 13. Repair. To restore to a sound acceptable state of operation, serviceability, safety, or appearance. 14. Replace. To remove an existing item or portian of a system and to construct or install a new item of similar or new quality as an existing item when repair of an item is impractical. 15. Sale: The transfer of title e~esses'sie~ or chanqe of ownership of a dwelling whether or not absolute title is transferred. 16. Temporary Certificate of Property Maintenance: A certificate issued to the buyer of a dwelling along with a Temporary Maintenance Agreement providing for a specified period of time to complete items identified in the Compliance Order and accompanied by a cash escrow equivalent to 110 percent of the cost of the improvements. Article 2: Sale of Property; Certificate of Property Maintenance Section 1: General. No owner of a single familv or iwo familv dwellinq shall offer the sam~ far s~ie v~ithi~ ~he City vvithout ~irst having an initi~l Residential Inspection Before Sale (RIBS). Prior to the sale of a residential dwelling, the owner must furnish to the prospective buyer thereof, and obtain from the buyer a signed receipt therefore; 1) a copy of a Certificate of Property Maintenance issued by the Code Official within one (1) year after the date af issuance of the Certificate of Property Maintenance; 2} or a Temporary Certificate of Property Maintenance following the procedures described in Article 2 Section 5. The RIBS requirement does not apply to: 1. Any newly constructed dwelling when title is transferred to the first owner; 2. The sale or other transfer of title af any dwelling to a public body; 3. The sale or transfer of titles of any dwelling for the purpose of demolition; 4. The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a probate court or for the resale after foreclosure. Section 2: Process to Obtain a Certificate. The Code Official shall issue a Certificate of Property Maintenance or a Compliance Order to the owner or owner's agent within 15 days after gaining access to the interior of all structures on the subject property when: 67 a) the owner or the owner's agent has applied in writing to the Code (~fficial, giving consent to such inspection (along with the consent of any tenants}, and the owner or owner's agent has agreed to a time during normal city working hours at which the subject property will be available for in~pections, anc! has paid the inspectian fee; and b} the Code Official, or designee, has inspected the structure and grounds and has noted any conditions found during the inspection that are in violation of the City Code. Section 3: Compliance Order. A Compliance Order shall be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter 5.A. Section 4: Certificate of Property Maintenance. The Certificate of Property Maintenance shall be awarded to the owner when the Code Official has determined that there are no outstanding deficiencies, unsafe conditions, or hazardous items. At that time, the owner may legally sell his/her dwelling. During the period of one year following its issuance, a Certificate of Property Maintenance may be accepted by the city in satisfaction af the requirements of this section without the need for a second inspection. After one year following its issuance, if there has been no transfer of ownership, the owner must request that the Certificate of Property Maintenance be renewed as per Article 2, Section 6 to ensure that the dwelling continues to be in compliance with the City Code. Section 5~ Temporarv Certificate of Propertv Maintenance: cash escrow. A Temporary Certificate of Property Maintenance may be issued by the City Code Official permitting the transfer of ownership of the property providing: 1)An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property within 90 days of the issuance of the Temporary Certificate of Property Maintenance. The aforeroient6oned 90 davs mav be administratively sxter~ded b~sed on ~ne or more of the followinq: a There are extraordinarv and/or extensive repairs ordered or b. The repairs can not adequatelv be completed based on seasonal requirements . 2)If escrowed iterns contain immediate hazardous items, the existinq Certificate of Occupancv will be withheld from the new propertv owner until these items are satisfactorilv completed and inspected bv the Buildinq Official° until that time the dwellinq mav not be occupied. 3) The buyer (or seller) agrees to provide a financial guarantee in the form of a cash escrow to ensure completion of any corrections to the property by depositing with: a. the lender or title company (and a copy of which is provided to the Code Official), or b. the city when a lending institution or title company is not involved in the transaction. 68 2~ The cash escrow shall be in an amount at least equal to 110 percent af the retail vafue of the work necessary for compliance with this Section as determined by: a. #he Code Official using R.S. Means Construction Manual or ather reference, and/ar b, the receipt of a written bid from a licensed contractor, approved by the Code Official as a reasonable estimate of the cost of repairs (materials and labor}. 3. The escrow must be fully maintained until a Certificate of Property Maintenance is issued. The Code Official may issue (or authorize) ane partial draw from the escrow upon satisfactary completion and verification of work. Section 6• Renewal of Certificate of Propertv Maintenance. If after nne (1) year following the issuance of a Certificate of Property Maintenance, no sale has occurred, the owner must submit to the Code Official a request to have the initial Certificate of Property Maintenance renewed. A renewal °° ~^°^°^~~^^ ^f +h°_ ~e#~ will be required e~ if the property has been vacant for more than 6 months. A renewal, approved by the Code Official, is applicable for one (1) year following its issuance. The Code Official mav require a re-inspection of the dwellinq as part of the renewal process. Section 7~ Re-listinq Propertv without a Certificate of Propertv Maintenance. If a dwellinq unit has a completed Residential Inspection Before Sale (RIBS) inspection but does not have a Certificate of Propertv Maintenance and the owner has elected to re-list the propertv no new RIBS inspection is required; unless six (6) months has elapsed from the time of the termination of the oriqinal listing contract. Section 8~ Propertv for sale prior to Auqust 28 2008. Anv dwellinq unit for sale prior to the effective date of this Ordinance wili need to compiv with the provisions of this ordinance bv Januarv 1, 2010. S~ction ~-9: No Warranty b~t Gi#y. Nothing in the ~ertificate of Pr~perty Maintenance shall indicate or shall be deemed to indicate that a building meets all minimum maintenance and building standards. The inspections conducted pursuant to this Code are made in order to improve the overall housing stock in the City of Columbia Heights and are not meant to be a warranty or a guarantee of the condition of a dwelling. The report issued by the Code Official, or designee, is not a representation to any individual buyer, seller, or renter regarding the condition of the building nor is the report intended for the special benefits of any individual. Article 3e Administration Section 1: Application & Inspection 1, Application Required. The owner or owner's representative is required to make application for a Certificate of Property Maintenance before any property is offered for sale, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property. 69 2. Fee. At the time of application, the applicant for a Certificate of Praperty Maintenance must pay the property maintenance inspection fee appropriate for the type of building as set forth by annual City Council res~l~tiano 3a inspection. Upon receipt of a properly executed application and payment af the fee, the Code Officia{ will cause a property maintenance inspection to be made of the premises to ensure the structure(s) and parcel premises are in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section 5.A. 4. Final Inspection. Upon completion of repairs or corrections made to the structure and premises in compliance with the City of Columbia Heights Property Maintenance Code Section 5.A per the Compliance Order, the property owner shall request the Code Official to conduct a final inspection(s), which may be combined with final building permit inspection(s), where required. 5e Renewal and Fee. Upon request af the owner ar awners agent, a Certificate of Compliance may be renewed following one (1) year after the Certificate of Compliance has been issued provided that the dwelling was not sold, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property and that the renewal fee, as set forth by annual City Council resolution, has been paid. Article 4: Appeals A person aggrieved by a Compliance Order may appeal for relief from the action of the Code Official (or designee) to the City of Calumbia Heights Board of Rpp~~+ls. The d~cisior~ ar~d ord~r esf #he Boar~ ~f Appeals sh~!! be binding to all parties. Article 5: Violations and penalty Any person, firm, or carporation who violates or refuses to comply with any of the pr~visions of thi~ ordinance, upon convictior~ thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. Article 6: Effective Date This ordinance applies to all transfers of any property occurring that is listed or otherwise offered for sale after _. _ 2008. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: ~o Roll Cali: Gaey ~. Peterson- l~I~~or Attest: Patricia Muscovitz, CMC/ City Clerk ~~ ~ ~ r.. CA O A~.~ ~ ~ ~-, ~ a4 ~ ~ a> o Cj U ~ o ~o ~ U W ~ ~ °' o ~,.~ ~ ~ ~ ~ s~, ~ ~ ..~ ~ ~ N '~ ~ N r-~-i c m ~n E = a a~ ~ os d ~ ro~ U~w ~ ~C v ~ E 0 v T .Q ~ d 'B Q ~ ~ 4 N •N ~ V ~ w~a~ ~ ~ 0 : ;,;, ,,,, U _ U~ ; ~ .Q d~ o. ~ ~ : Q,.~ U ~ V ~ C~ C ~ • v ~ O 4:. ~., U ~ _ V ~ ~ ~ ~ .oN m . 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G ....................................... ~ N f~ Property Address: Page 1 of 4 Property Condition Repor~ Calumbia Heights Residential Inspectiaa~ Before S~(e (Carefully ren<( this eiitire re~~ort) 'I'H[S [LCP012T [S NOT A WARRANTY, I3Y THE CITY O~ COLUMBIA t-tGIGHTS, (}R ~VAt~UAT012 OI+ THG FUTURG U5~i~'UL LI~`~, OR TH~ FUTURG CONDtT10NS OF ANY BUILDl1~IG COMPONGNT OR I"IXTUItE. Notiee: A copy of this Report must be publicly displayec3 at tl~e pre-nises when ihe house is stiawil to pcospective buyers, a~id a of tE}is Repoi~t must be providad to the E~c~yee peior to the timc of'signing a Pt~rchase Agreetnent. AddY•ess of Evaluated Dweliing: C}wner's l~amea Owner's Adcl~~esst Listi~ig Agent and Age~tcy: Ty~e af DweIiing: Single Family ~ Duplex _ Tawnliouse Conclo* For condoit~inium imits, this evnlii~tion includes oitily ti~osc itcros located wittiin the residentinl u~iits Znci docs not inciEic[e Ihe common ~~sc zrcls, or othcr aceas af the structure. Present Zonin~ Dish~ict Present Occupai~cy: Confo~,niug ^ Non-conformin~ ~ Reason for Nonconforming Status: Camments: Property location and possible use resf~~iction inforination: 0 I-[as open per~nits Completio~t and/ot~ accupancy restrictions ot• cequirecnents tnay ap~~ly. Q Is a licensed legal duplex, lf tliis dweliing is in use as a duplex and this box is NOT checked contlct Housft~g Matnte~iance Clerk at (763}~06 3655 foc tlie tnost recent inForan7tion i~COMG~WN~Et/RCi'12~S~NTATIVG BISCLOSUR~ STATEMGNT: TO BE COMPLE`I'EQ I3Y TH~` C)~fNEiZ C7Tt THEIR REPRBS ENTATI V E. I, TI-IG OWNER OR REPRESENTA'~'IV~ OP THE OWNEIZ, DECLARE THAT AS OF THIS DATE,'I'HERE AR~ AR~ NOT CODB VIULATION ~RDERS PENDING ON TI-IIS P[tOPERTY PROM AN~KA COUNTY PUBLIC I-IEALTH OR ANY OTI-IER C["I'Y aF COLUMBIA HE[GI-i'I'S' AG~NCIES. I FURTHER DECLARE THAT, TO THB BEST OF MY 1<NOWL,BDGE, TH~RG ~HAS _HAS NOT BGEN FLOOD DAMAGE, SEWER BACK-UP OR WATER SEEPAGE IN THE BU(LDING. ~ ~ R. ~ ~ ~ d c~ Sign~ture of the Owner or Ren~~esentative llake Tt~is Report: i. ls it~tei~ded to pravide ~asic inl'ormltion to the home buyer and sclleE• priar to the time of snle. Minimum stnndlyds for this report are contliaed in lhe City o1'Coltunbia Hcights City Code (Cliapter 5). Tltis reporE WTLL be used to enforce requirecnei~ts of tl~c City Code. 2. Is not a warr~ury by the City oPColumbil Hcigl~ts of the conc3ition olche building, or any buildiag component, nar af tl3e accurlcy of tliis repoet 3. Covers only li~e items listed on the farm anct only tl~ose items visiUle <-t the time of thc evaluatioti. '!'he Tvalu~tor is not ~•equireci to use a laddcr to obse~we tlie conditiou of tlic i•onting, disasse~uUle items or cvnluate inaccessible ~re.~s. 4. May be b~sed upon differet~t sianclards lhm~ thc Icndcr, f~ecieral 1-Iousing Administrntion (PFlA} or Vctcrans Administr~tion (VA}. 5. Is vatid for one year Groui the d~tc of issue and only for the ownor titnned on this repart. Questions regarcling tl~is report sliould bc directed to tlie GvaluaEor. Com~alninfs ~•egarding this report shoulcl be clirected to Cify of ColumUia Heigl-ts, Co~ttmunity DeveloE>ment, Resiclential [ns>>ection Beforo S11e [~T•ograni, 590 40'~' Aven~~e iV~, Colum[~ia llcights, MN 55421, Pl-one No. 763.70G.3G~8 73 P1•aperty Acidress: Page 2af 4 "M"= Meets mi~limum requirements - t}ie item complies wrth tiie minimtEm 1-Iousing Code requirements. "B"= I3ElOW tllilillllU[ll F'6C~tllt'CI1lCI1fS - tlle ItClil IS U010W Ii1111ll11U113 FIOU51l1~ COCIC I'CC~UIPeIT101]~S. <`C"= Cocneaients - t~1e itett~ catluQt 've raciequate6y ev~ctciatcd o~ 's~ IEas socs~e clefecica~cy, but ±~ie cie~ciet~cy is ~nsuf~ici~ii~ t~ make the iteu~ below miitimum rcquire~nec~ts. "f-1"= Hazardous - tlte item iii its present co~~ditian rn~y endanger the l~ealtlz anci safety of tlae occupant. "R[Z"= Repair/Replaca - the item requires eitl~er repair or repiacement. "Y„= Yes "N"= No "IdV"= N~t visibleNiewed "N~."= Not Applicable Any item marked "B", "C" or "H" must have a writce~i comment about tl;e iteiz~, Additional coinment sl}eefs tnay bc attached iEneeded. Item# Comtneuts 13AS ~M~1V`I`/CG LLAY~ 1. Stairs and Hand~~ai}s ........ . ............... ......... 2, Basemsnt/eeklar flooe...... . ~ , .. o .. . ..... . ... ... ..... 3. Faundation ............................................ 4. Evidei~ce of dampness ar staining ...... ... ........ 5. First Ploor, floor system ............................. 6. Beams and coluinns ...... . . . . .. ......... .. . . . . ....... ~lech•ical Sei~vice(s) # afServices ....................... 7. 5ervice Size: Amps: 30 _ 60 I00 _ I SO _ Ott~er Volts: L2Q 12Q/240 8, Electrical Service ii~stall~tion/grouilding......... 9. Electrical wiring, outlets and fixtures . .. ... ....... PLUMBING SYST~M 10. Floor Drains .......................................... 1 l . Foundation drainage (Sutnp Pti~np) . . . ... ... . . . ... 12. Waste and vent piping .............................. 13. Water piping . . ....... ......... ... ......... ... ......... 14. Gas piping (Ali floors} ..................... ......... 15. Water heater{s) instaltation ... ...................... IG. Water heater(s) venting .............................. l7. P[umbing fixtures .................................... lH~ATING SYSTEM(S) # af ............................. 18. I-ieatiilg p[a~~t{s) Fuel: 'I'ype: a. I~~stal[ation and visibie condition ...................__ b, Viewed in operation ... ... , .. . .. ~ ..... . . . . . . ... .. . . . . c. Combustian verltil~g ................................. Tl~e ~vafuato~• is not required to ignite tl~e iie~ting ptAnt(s) 19. Additional heating wiit(s) Fuet: Type: _ tt. Installation and visiUle condition ......... .......... b. Viewed in opecatian ................................. c, ComUustionventing ................................. 20. ADDITIONAL COMMCI~fTS ................... Evaluator: 74 Date: Praperty Addresse Page 3of 4 KITCH GN 2l. Walls ancl ceil'rng..,......o ........................... 22. Floor conciition anci ceiliE~g height ..............~.,. 23, Evidence of dampness or staining .................. 24. Elect-•ical outlets and fixtures ........................ 25, Phunbi~igfixtures ...........:......................... 26. Water flow ............................................. 27, Window size and open~ble area ..................... 28, W indow condilion......... . a . . ........ ... ... ...... ... L1VlNG A{Vll DINING Rd4M(S) 29. Walls ~ncl ceiling ...................................... 30. Floarcondition ...............o..,,.................... 31, Evidenceafdampnessorstaining .................. 32. Electricai outlets and fixtures ........ ... . ... . . . ...... 33. Windowsize anci openaE~le are~ ..................... 34, Windowcondition .................................... HALLWAYS, STAIRS AiVD GNTItI~S 35. Walls, ceiliz~g avd floors .............................. 3G. ~vidence af dampness or staininb ...... ............ 37. Stairs and hflndrails to upper floors ................. 38. Electrical autlets and ~xtures ........................ 39. Wiiidow canditian .................................... 40. S moke detecto~~(s) ... . . ... . . . . . . . ... ... . .. .. . ...... .... Pcoperly loc~ted ....................................... Harci-wired . .. .............. .... ............ .. . ...... .. . BATHROOM(S) # of: I'ull 1'artial 4l, Walls and ceilin~; ...................................... 42. Ploorcondition ........................................ 43. Evidence af dampness or sfaining .................. 44. Eleetrical outlets and fixtures ..... .... ... ............ 45. Plumbingfixtures ..................................... 4G. Waterflow ............................................. 47. Window size and openabte ~rea or mechanical exllaust ..........................<.....,................ 48. Coudition of windows or it~echanica( exhaust.,... SLE~PING ROOM(S) No. of: 49. WalIs and cai(ing ...................................... 50. Floar condition, area, and ceiling i~eigl~ts......... Si. Evide~ice of dampness or stait7ing .................. 52. Electeica] outlets and fixt~n•es ........................ 53. Wi~~dow size aE~d openable az•ea ..................... 54. Windowcondition .................................... GNCLOSCll PORCH GS AND OTHGR ItOOMS (Evaluator shall identify each additional room sepaeately anci com~nent when necessary.) S5. Walls and floor condition ............................ 56. Evidence of dainpness oE• staining ... ... ............ 57. Blectcical outlets and tixtures ......... ............... 58. WIl1CIOW COI1C~ItlOi1 .................................... ATTIC SPACE (Visibte Areas) 59. Roof boacds and raRers ... . . . . . . ... . . . .. . ... . . . ... ... G0. Evidence of datt~piaess ar staining... , ~ . .. . ... . ... .. 61. Electrical wiring/outlets/fixtures...~ ................ 62. Ventilation ..................eP.....~...,.,....,..,..... 63. ADDITIONAL COMMGNTS ..................... <`R9„= Meefs mittimum requircments "13„ = 8etow minimu~n rec "C"= Commenis "H"=13azanlous "Y"= Ycs "AY'= No "i~iY"=Not Visibke/Viewcd "NA" Not applicable tt~~n # Con~me~ats Ev~luato~•: Date: 75 Pi°o~erty Address: ~XT~RIOR 64. rottndaclon.......,.~ ................................... 65. Basement/cellar windows ....... ........ ... .... . . .... .....,..... E~6. draittage {grac~e}.. a .......... 67. Exterio-° wal Is ... ... . . . ... . . .... . . . . ..... ... . . . . . . . .. ... - 68. Doors (frames/storms/screens) ...................... 69. W indows (fi•ames/storms/screeiis} . . . . . . . . . . . . . . . ... '7d. Open porci3es, stairw~ys and decf<s ................. 71. Cornice ancl trim ....................................... 72. Roofcovcrin6 atid flashing .......................... 73. GutCerslnddownspouts .............................. 74. Chimneys ............................................... '75. Outlets, fixtures and serviee entrance ............... GARAG~ 76. Raof stz•uctare ~nd cavering.. . . .. ,.. , , ~ ........ .... . 77. Wal l strucriu~e a-id covcring ... . . . ... ... . . . . . . ... . . . . 78. Stab conciition ......................................... 79. Gar~ge doors .......................................... 84. Garage opener (see impoitant ~~otice {~G}..,.,..... 81. Glectrical wiring, outlets aud ~xtures .............. 82a Additioual Cotn~nents ............................... Fa~e 4af 4 °n~C'= Mects mii~imum requircmc~~is "I3" = Belo~v mininnim rcquircments `<C„= Co~umctrts "ll"= E-lazardous •`Y»= Yes "N"= No "NV"=Nol VisibleJViewed "NA" Nol npplicaUle Ctein # Cam~nents I hereby certify tliat the above report is rn~cie in eainpiianec ~vith ti~e ~ity of Caiii-nbia Neigtats ~ity ~ode, ~1~a~~er 5, ~nc! tltat I have i~tilized the c~re aud diligence, reasonflble ancl ardina~•y, for ~neeting the cei•ti~cntia~i staudards prescribed by the Residet~tial Iaispeetioc~ Before Sales Oa~dinaatee 1'HItatnbea• 15~38. C(-ave founct no is~stanec of uve~-cocnplia~ice avifB~ tlse items listecl al~ove as of fflte d~~e of th's~ Q~epmrt, ex~ept tl~ase clesiga~atcci la~rei-~< -_ _ Evaltjator Sigaatui~e Pl~one Num er ate 1. ~1ny singlc-fijmily residcnce in Columbi~ lieights must havc at le~st ouc smoke delector cannected to the c1ecU~ica1 system. "I'Ite detector nmst Ue locaEed neac sleepin~; rooms. Por ntore inf'ormation c~311 H ire Prcvention, 763.'706.3650 2. R~inle~ders connected to thc sanitary sewcr system n~ust be disco~mecied, ror more i~iformation c~ll Public Works, Sewer Division, 7G3.70G.3'100 3. Aoy k~ousc built bef'ore 19'78 mny have lcad plint on/in iL If chilciren iugest (ead p~iint, thcy c1~i Ue ~oisoned. ~or ~nore infonnation cnll Ivlinnesotl Depa~~tment of I-tea(tl~, 651.201.4610 4. The Ciry of Colurnbia Heigl~ts or the Gvatuator ai~e not res~ous[ble for the datccminalian of the presence of airborne particles such as asbestos, noxious gases, such ns i•ndon, molc{ or other condilion of air quztily ll~~t n~c~y be peeseiit, no~- the co~idi[io~~ which in~y causc the above. 5. If this builtliiig is t~sed for ai~y purpose other than ~ single family dwelling, it n~~y 3~ot bc ~~ermissible by City Code, To hclp you determine leg~1 uses undec tl~e zot~ing ordinnt3cc, contacf the Zoning AdminisU~fl[or nk 763,706.3G73 6. Atitomltic geira~e doors sl~oulci reverse upoi~ striking ai~ object. lf it docs not reverse, it poses ~i serious hazard anc! should bc rcpaired or ~'eplaced immcdiately, Eva[uator: 76 Date: INFORMATIONAL MEETING OF' NLY 9, 2008 APPROX. 33 PEOPLE IN ATTENDANCE PLUS STAFF, BRUCE NAWROCKI, JIM HOEFT, AND D4NNA SCHMITT I, Eric from No Metro Realtors-Consider putting a Sunset Clause. Scott said staff wauld not be r~commending that, but it was up to council to decide. 2. Dave Larson-Why not tougher standards? Scott said we are starting canservatively and wil~ move forward from there. C'ioing after major maintenance, structural integrity, health/safety, and hazardous issues ~3CIITI~CI~y. 3. Bob Odden-Puts residents at disadvantage. Allows City to condemn properties, and then steal away at reduced price. Sees no need for ordinance. 4. Realtor-Important to have details in order. All inspectors need to be on the same page. He suggests a review of the Ordinance with the City Councii after 3 months to deal with problems as they become apparent. Scott felt by having staff overseeing the inspections and doing some of them it will help to see problems as they arise. Ne assured those in attendance that staff would review the program with the City~Council on a regular basis. 5~ R~altor-Appreciated the process the City was following and the meeting being held to keep them abreast of the change in policy. She had concerns regarding the terminodogy of the "Transfer amd change of possession" part. Staff will have the City Attorney review the terms. 6. Bill-Mpls Assoc of Realtors-Does it affect all sales, including foreclosures and Sheriff Sales? He was concerned about Article 2, Section 4. He was concerned about the definition of "hazardous" and who would decide what is hazardous? He also commented on the fact that hazardous items cannot be escrowed, but must be corrected ASAP. This is opposite of Brk. Pk's program. He also thought it would be difficult to enforce within 30 days. Scott said staff will work on a list of what would typically be considered hazardous. 7. Roberk Day from Prudential Realty-against the program. Slows down the process and could cancel closings. ~~ 8e Virgit Persing-resident-Felt it was another form of taxation. Fees would be set annually, and have not been decided yet-staff is estimatin~ possibie fee of $175e 9. What would re-inspection fee be? Not decided yet. 10. VVhat inspections will be considered important?-Scott stated the list of core inspections has been established based on cornmunication between staff and city council, and follows the requirements of the property maintenance code. 1 1 e Dave Larson-Made point that homeowners should want their neighbors to keep up their homes, and this will encourage that and help to keep neighbarhoods nice. 12. Dave Torkildson-This will eliminate "fixer upper homes". What happens if a house is listed today and remains on the market for more than one year- Scott stated that if listed today it would be grand-fathered in as not needing an inspection for as long as it is continually listed. However, a lapse in the listing or re-listing with another agent will generate a need for an inspection. 13. Why do we need an Ordinance? Scott stated that 80% of the homes would ne~d fe~~v corrections, b~t there are 24% that need corrections or maintenance done, and some are never made and continue to deteriorate. We need to protect the community as a whole and raise stai~dard of housing stack. 14= It is a small #, so why bother. Scott responded by saying if there are no problems then there should be no problem having the inspection. However, we need to address the 20% as they often have a detrimental affect on the whole neighborhood. 15. Rod Schmiel (sp?)-No Metro Assoc.-He understands the program and the reasons for it. The people in attendance should be helping to make it work. He had a few concerns. We need to define "hazardous". We shouldn't have two inspectors (especially a different one doing the re-inspections), two people will always look at things differently and may result in further corrections and inspections being required. May cause a problern for city by having hazardous items done immediately because they may be done cheaply. Look at escrowing for those corrections also. There should be help for people to make these improvements. 7s 16. Denise from Housing Resource Center stated programs are in place for help with home improvements for Columbia Heights residents to help with repairs. 17. Who started this idea? City Council more than 5 years ago. 18. Mpls already has a program that works. Why not use theirs. 19. How many residents know about this? Scott stated that is unknown, but that we are trying to get wc~rd out. It has been on web site, cable (both as a special taping and on character generator), in the newspaper, mailed out to realtors, mortgage co, banks, notices have been posted at information counter and library, etc. 20. Dan Moore-Cities must have enough staff to do inspections in a timely manner. What is the predicted turn around time? He thinks city should consider a truth in housing program and go from there. Scott said the expected turn around time would be 2 days. 21. Donna Schmitt questioned whether money for even minor repairs would need to be escrowed. Scott stated if corrections are not made then the amount could be escrowed. She then asked if someone inherits a property whether they would need to go through the inspection process. He answered, yes. 22. Dan fram I St Community Credit Union asked how successfut the programs at Bloomina on, St Louis Pk, Brk Pk, and Mpls have been. Scott stated that there hasn't been a city that has implemented this type af program that has abandoned it. 23. Nawrocki thought the proposed $50 Admin fee added to the inspection fee was excessive, especially if no corrections are needed. He thought the City Admin fee should be eliminated. And for those properties needing corrections, building permits fees would be collected and should suffice. 24. Terminology and dates re: lead paint should be changed. 25. Bob Odden thought program would destroy the city, staff was not prepared, he didn't buy his house as an investment, he bought it because he liked the neighborhood and wanted to enjoy his neighbors. The attendees began to leave and the meeting was over. 79 NORTI~ ML;TRO REALT4RS0 ASSOCITIAON TALKING POINTS: RESIDENTIAL INSPECTION BEI'ORE S~1.LE ORDINAI~F~ES R~ALTQRS i~ are fi~zzdai~zetltally appasecl ta residential ins~ection bef.are sale programs because such programs interfere witlx ~•°rghts of individuals: 1) the ri~;ht of ho~neowners to se11, transfer, ar convey hy deec~ 2} the right oFbuyers to seel< au ownership i~aterest ii~ real ~roperty ("~narl~etal~le title"}. The result, resideiltial inspection before sale pragran~s put undue burdens an batl~ buye~~s and sellers. Locai goverrul~ef~ts wl~o have passed, and those conside;~°i1~g,1•esidential inspection before sa~e ordinai~ces I~ave laudable goals af impz~oving hausing stack, attracting new residenis, and retainiug existing residents. Men7bers of Narth Nletra It~ALTORSm Assaciation applaud the city of Columbza Heights desire to imgrove the quality of Iife far its residents by preserving its hausii~g stack. Hawever, what is unclear is whefhei• residea~tial inspection before sale pro~rams actually ~chieves these ~aals• REALTORS~ coi~cerns zegarding the pro~osed ordinarlce include: • Effeciiveness: Resi~ential Inspection Before Sale prag~•ams do i~ot improve overall city housing stock. This progran~ only tar~ets only a sn~all numbe~• af properties ii~ tlze conimunity. Far exa~nple, in the city of Colunibia Heigl~ts, 242 propei~.ies were sold in 2006. With an exzsiing housing stock af about 6,100 uniis, about 4 percent of the homes in the city are sold each year. Some lzouses will be sold tnultiple ti~nes within a faw yea~•s, wlaile soine won't be sold even once in a decade. 'Tlaereforc;, t1~e actcral rat~ of hous~n~ tu~•a~oY.~e~ :s se~~.euThat lcawer tl~~n 4 percent. A residential 'ulspection requirement would. only target tl~at small percentage af the city's housing stock cacll year. Residenfiial inspection pro~ra~x~s imnxoye a vei~y limitecl amanY~t of ho~isin~ stocl~. (See figure 1). • Cost I3u~•dens: Many sellers do not have th~ i~~oney to malce nuznerous repairs at the time of sale (often tlle reasai~ the Iiouse feil inta disrepair in the first place}. Many rue eldex•ly and do not have the lunds ~~or the ability tn malce tl~e repairs. Tl~e ability of the buyer io assume via the escrow process may ilot help. Buyers rnay be unwilling to agree to inake such repairs, Ieavulg thc seller with ai~ inability to sel~ tlieir 1loine a~ld buyers nonexistent. Ins~ections before sale p~•o~ranss put unnecessarv cost bu~•dens on buvers, sellers, and the citv. ~ Manda#ix~g the Marlcet: ~nactin~; residential inspection before sale progra~~1 has the effect of ~assiz~g an ordinance for t11e puzposes of what typica]ly occurs in a fiee rnaricet anyway. I' ~~ALTORS~ and cities alilce realize that a Ilomeowner occupant is likely ta liave a pasitive effect on the conciition ai7d value of the prape~-ty. REALTORSC~ ow~~ experience sl~ows that over 90% af Izomebuyei°s already gct an inspection i~~ the normal course of ~u~•cl~asing a haine. Furtllez•mo~•e, selleis are required to ctisclose all material facfis. Finally, a hanleowner I~as a so vested inierest ii1 a properCy, malces repairs, and performs g~nez•al rnaintenanee ancl uplceep. Res~deYZt~al ins~ections i~efo~ e sale ~Y o~r~ms E~~nda~~s ~~t~rov~~~e~ats th~t are litcet~y to c~ccu~• r•e ardless. CoTnpetifive Disadva~~tage: Many cities tl~at surround Coluinbia Heiglits have not passed Residential Inspeciion Iiefbi•e Sale ordi~aances. Cnacting such an ordii~ance puts tlle city at a coillpetitave disadvantage. Currently, tl~e mett~o regioi~ has about lfl.~ tnonths of supply, abaut twice the amount af a balanced market, Tl~is meaus tllat buyers l~ave choices or optio~ls, additioz~al bu~~dens and cutnbersal~ae pz•c~cesses that delay tl~e ability buyers at~d sellers to close, are w~desii•able. Cons~imers are likely to take their home buying dalla~• elsewhere. Residential ins ectian ro ~~atns c~o not attract new i•esidents. Delayed Hoasing Rebound: Tl~ere is no question that housiia~ is currently experiencing great el~allenges. Dt~bbed the `hausing crisis' and tl~e `credit crunch,' values are decliuing, inventory increasing, and foreclasures are projected ta total 28,004 staiewide by years-end. IIowever, as RE~ILTORS~ we laiow the market will coi~ ect. Effoi~ts in Congress to alleviate tlae housing crisis and to incent consumers to begin buying again have significant potential. Enacting a Residential Inspection Before Saie program, adding additional burdens to buyers and sellers, inay position tlle city to lag belund once a housing market rebound does 6egii~ to accux~. Residential ins ectious before sale re uiremenfs could dela the ositive effects of a housin~; m~i•ket rebound. Figure 1: ~ity o~ Columbia Heigtifs I<ive {Saurce: MLS IJata} Year Solds 20Q7 209 2006 242 2005 337 2004 323 2403 311 Year Soids/List/Mediau JPrice ~ummary % af total units ~~1vg. List Price 3 190,449 4 191,Q84 g 194,142 ~ 185,036 ~ 169,306 Mcdian List Price 184,900 ~ s~,sao 189,732 179,900 169,004 Sutl~i~~ary: North Metro REALTORS~ ~ssociation and its 25fl0 i~iembers l~ave a vested interest, the same as local gover~lmetzts do, in mainlaiiaii~g high quality l~ausi~lg stoclc and attracting new residezits. We are caznmitted to tiae best quality of living possiblc. REALTORS~ are experts on the l~ousing lnarket and 81 hav~ front line knowledge of our coznmu~zities, ~Ve understand govermnents az~e looking for tatlgible solutzoils ta d~fficult challen~es in the Iiousi~7g Xnarket. ~e seek tz~ cooperate a~~d partnex ~vitlz local goveri~nent to l~elp achiev~ hausing goals. Yet, we believe the eurrent city pz'opased residential inspection before sale (RIBS) pragram will tlot achieve the c~esired outco~nes. RIBS will not improve the averall housi~~g stack. RIBS will Iilcely detract new residenfs. IZIBS will add cost burdens to buyers, sellers, and tise city. RIB S has the potential ta delay the positive effects of a housing market oi~ce it start~ to rebound. Finaily, REALTC~RS~ ~re interested iii preserving tl~.e rights of consu~i~ers to vuy and sell real estate ~vitli~ut additioi~al burdens and uTUeasonable goveri~ment 'rnterference. a2 ~ ~ Markst Updatca kr too Twin Gties Communktes A frea resaarch to~l6om ihe Nodh Matro REALTORB~ AssoWation Brought io y'ou by the unique dafa-sheri~ frad(Stans of Ihe REALTOR~ communily t'~-I~~r~hia ~G~-It'"i~'1fC V V ! N ^ ^ ^ ~v ~ v~ ^ . ~ ~ ~ ~ ~ ~ ~ Anoka Caunfy, MN 2007 ~•.~ 2008 Change ~ 2007 _.~«........-„-.,.- 2008 «-......~ Change ~ ~ ~~~~ w~ ~57 ~ S5 - 3.59'0 334 368 + 10.2°~ New Listings 19 24 + 2fi.3% 97 116 + 18.6% Closed Sales 414 $187 $152,511 - 18.8% $'[8G,759 $151,347 - 19.6%a Average Sales Price Percent of Original List Price Received at Sale~ , 93.-0% 91.3~a - 2•2°la 84.9% 85.7% - 5.5°k Average Deys on Market Until Salek $8 142 + A5.0% 120 970 + 42.0°k 5ingte-Famfly Detached tnventory 954 ~ B2 '" 5_2% ~~ Townhouse•Condo Inventory 37 A4 + 18.9% -- " " ~ 'DOes not account tor Ilst priees irom any previous Nelfng wMraots "Cliy market iime tlgures were fitst avaflab(s in August 2006, eccounia ro~ prenaus icaung conuau~ Activify-Most Recent MonEh Activity-Year Eo Dafe 57 55 ~tt.~mu 1 ictinne 3fi8 F+I NPw I iGtinas Average Sales Pr1ce $98T,49d Si88,759 $iS2,511 [12007 S95'1,347 02008 i; , .; . , June Year to flate Ratlo of 5ales Price fo ~3riginai G.isf Price 93.4°k 91.3% ~4.9°Io ~g.7°!o June Yoar to uate Singie•Fam(fy Detached Townhouse-Ganao Som~ of the figures referenced in ihis report are for only one monih worth of aciiviry. As such, they can sametimes iook extrerne due to the small sample size involved. For broader historlca! market information, please feel free to contact us, The 1000Is a trademark of ihe Minneapolis Area Assoclation of REAITORS~. The Norfh Matro REAITORS~ AssociaUon uses it under license. 83 2007 zUUts 2007 2t108 June Yea~ to Date Average Oays on Market Until Sale 170 inventory of Homes for Sale 154 ~82 CITY COUNCIL LETTER Meeting of Ju1~28, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: July 21, 2008 DATE: NO: 08-163 Declaration of a nuisance and abatement of violatians within the City of Columbia Heights is requested regarding property at 4513-15 Taylor Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED NIOTION: Move to close the public hearing and ~o waive the reading of Resolution Number 2008-163, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-163, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the praperty pursuant to City Code section 8.206. COUNCIL ACTION: 84 RESOLUTION 2008-163 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 Stanley Van Blaricom (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4513-15 Taylor Street, 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 conta'rned herein was sent via regular mail to the owner of record on June 12, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 1, 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 12, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A cornpliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on 3uly 18, 200$ inspectors reinspected the property and faund that one violation rernained unc~rr~cted. 4. That based upon said records of the Fire Department, the following conditions and vioiations of City Codes(s) were found to exist, to wit: A. Shall repair retaining wail in rear of property next to the a11ey 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 l. That the property located at 4513-15 Taylor Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notiee of Abatement. 2. That a11 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. 85 ORDER OF COUNCIL 1 o The property located at 4313-15 Taylor Street canstitutes a nuisance pursuant to City Code. 2. That a capy of this order shall be served upon al] relevant parties and parties in interest. Passed this day af 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 86 CITY COUNCIL LETTER Meeting ofJul~2g, 2008 AGENDA SECTIONe Resohltions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gonnan BY: Revocation DATE: July 21, 2008 DATE: NO: 08-164 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 1140-42 45t" Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numl~er 2008-164, being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-164, being a Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I~l, Sectian SA.408(A) of the rental license listed. COUNCIL ACTION: 87 RESOLUTIOl~t 2008-164 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 Eric Betzler (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1140-42 45`" Avenue N.E., Columbia Heights, Minnesota, ~Vhereas, pursuant ta City Code, Chapter SA, Article IV, Sectian 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 3uly 8, 2008 of an public hearing to be held on July 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3, That based upan said records af the Enforcement Office, the following conditions and violatiuns of th~ City's Residential 10!Iaintenance Cade were faund to exist, to- wit: a. Failure to schedule a rental property inspection. b, Faili-re to submit renewal rental license application and fees 4. rI'hat a11 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 TII SA306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8385 is hereby revoked; 2. The City will post for the purpose of preventing occl~paney 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. as Passed thrs day of 2008 Offered by: Second hy: Rall Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 89 CITY COUNCIL LETTER Meeting of: '7/?8/08 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMEC~T: CITY MANrtGER PUBLIC WORKS ~ ~~ 1TEM: ADOPT RESOLUTION 08-I65 ORDERING AND BY: K. Hansen BY: - ~,~~_;,.~5"~'' LEVYING TWO ALLEY [.IGHTS DATE: 7/23! DATE: Background: On June 23 and July 14, 2008, the Ciry Council established a Public Hearing for the formal consideration of assessing two alley iights to benetited properties, as requested by petition. The proposed lights are located in the alley between Reservoir Boulevard and Circle Terrace Boulevard, South of 41" Avenue. The petition is for one l 00 watt HPS light to be installed on an existing pole between ] 320 and 1328 4151 Avenue and one 100 watt HPS light to be installed an the pole behind 4020 Reservoir Boulevard. There will be 7 parcels included in the assessment for Che light between 1320 and l 328 415t Avenue. Of these 7 parcels, 5 property owners and 3 residents signed the petition in favor of installing the alley light. All 7 owners were notified of the proposed assessment by mail. There will be 4 parcels incloded in the assessment for the light behind 4020 Reservoir Boulevard. All 4 residents signed the petition in favor of installing the alley light. All 4 owners were notified of the proposed assessment by mail. The monthly cost to each of the benefiting homeowners is $1.00 per month. t2ecommended 1Vlotion: Nlove to waive the reading of T~esoiution No. ?008-165, there being ample copies availabie to the public. Recommended IViotion: ~iove to adopi Resolution 2008-165, being a Resofution ordering and levying one alley light iocated between 1320 and 1328 41'` Avenue, known as PIR 677-40; and ordering and levying one alley light located behind 4024 Reservoir Boulevard, known as PIR 677-41, Attachment: Resolution Assessment Roll Notice of Public Hearing (2) Map (2) COUNCIL ACTIONc 90 CITY OF COLUMBIA HEIGHTS Arro~ cov~, NmvivESOTA RESOLUTION NO. Z008-165 I~S~~.[J'!'IQN LEVYLN~ A.ND ~OP'I'~IG 'I'~E ASSESSll~N'T FOR ALLEY LIGHT AREA NO. 677-40 AND 677-41 Adopting assessment roll according to the City Charter for the following local improvement and determining that said irnprovement will be made and ratifying and confrming all other proceedings, heretofore had: Specia( Assessment for alley light area numbered 677-40 and 677-41 WNEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 28`h day of July 2008, in the City Council Chamber, 590 40`h Avenue N.E. Columbia Neights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-40 and 6'7'7-4I for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xeel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on recard with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Dated this 28`~' day of 3uly, 200$. Offered by: Seconded by: Rall Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 91 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT AREA: 677-40 PIN ADDRESS 36-30-24-31-0034 1320 41St Avenue 36-30-24-31-0049 1328 41S` Avenue 36-30-24-31-0056 4036 Reservoir Boulevard 36-30-24-31-005'7 4044 Reservoir Boulevard 36-30-24-31-0058 4058 Reservoir Boulevard 36-30-24-31-0059 4064 Reservoir Boulevard 36-30-24-31-0060 4066 Reservoir Boulevard ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT AREA: 677-41 PIN ADDRESS 36-30-24-31-0052 4010 Reservoir Boulevard 36-30-24-31-0053 4020 Reservoir Boulevard 36-30-24-31-0054 4026 Reservoir Boulevard 36-30-24-31-0055 4032 Reservoir Baulevard 92 CITY OF COLLTNIBIA HEIGRTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on July 28, 2008, at 7:00 P.M. in the City Council Chamber, 590 40`'' Avenue N.E. ta consider: P.I.R. 677-40 PROJECT NO. 0810 • Installation and maintenance of one (1) 100 watt high pressure sodium cobra head street light in the alley between Reservoir Boulevard and Circle Terrace Blvd, South of 415' Avenue, on the pole between 1320 and 1328 415` Avenue. • At this time, the annua) cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to properiy owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check vour real estate tax statement. 36-30-~4-31-0049 36-30-24-31-0057 36-30-24-31-0059 36-30-24-31-0133 36-30-24-31-0056 36-30-24-31-0058 36-30-24-31-0060 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-40, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights C~lerk's Office, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OF.TECTIONS ANi3 f~PPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subseqt~ent meeting. Minnesota Statute, Sectian 429.061, states that no appeal may he taken as ta the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Caurt pursuant to Minnesata Statute, Section 429.081, by serving notice of the appea) upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the I~istrict Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, prograrns, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids far handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Councit Secretary at ~63-706-3611 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER Published in Focus on July 17, 2008 and July 24, 2008 93 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given Chat the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on July 2&, 2008, at 7:00 P.M. in the City Council Chamber, 590 40"' Avenue N.E. to consider: P.I.R. 677-41 PROJECT NO. 0811 • Installation and maintenance of one (1} 100 watt high pressure sodium cobra head street light in the alley between Reservoir Baulevard and Circle Terrace Blvd, South of 41S` Avenue, on the pole behind 4020 Reservoir Boulevard. • At this time, the annua) cost is $12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light instaliation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number check your reaI estate tax statement. 36-30-24-31-0052 36-30-24-31-0053 36-30-24-31-0054 36-30-24-31-0055 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTtON OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 6~7-41, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City af Columbia Heights Clerk's Office, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTi~NS AND ~iPPEr~LS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Sectian 429A61, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected properiy owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment ta the District Court pursuant to Minnesota Statute, Section 424.081, by serving notice of the appeal upon tl~e Ivlayor or the Clerk of the City within thirty (30} days after the adoption of the assessment and itlin~ such natice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FENST CITY MANAGER Published in Focus on July 17, 2008 and July 24, 2008 94 ~ ~ v rn ~ ~ ~ Z ~ -~ ~ ~ a a`. ~ °3 ~ N = m ~ ~t ~ ~ ~ O °~, ~ ~ t0 ~ ~ ~ ~ ~ . V ~ ~' ~' M _ . ~' ~ d' O d' ~ W ~ ~ ~~ ~~ ~ ~_~ ~ ~ m ¢ ~ ~, ~ ~a ~i ~w Y pz °~ ~~ Qu~ 04 ' ~ t}-. rn a n ~ w ns i C,~ C7 ~ ~ ' k - ° ~ ~~~ ~~ i~ 1~ ~~ ~d ~ ~ ~~ h ~~ 5~z~ L Z~4 ~- s~zL 5~z~ C ~3` ~ 'd' ~ M CITY COUNCIL LETTER Meeting of: July 28, 2008 AGEND_A_ SECT"IpN: Public Hearing N0: 4RIGINATING DEP~'.~ Community Development CITY MANAGER APPROVAL ITEM: Resolution 2008-168, Approving Property BY: Scott Clark BY: Tax Abatement Related to Senior Hausing DATE: July 28, 2008 Improvements and Approving First Amendment ta Contract for Private Redevelopment (New Perspective Senior Livin ) Background: Over the past two months the City's Economic Development Authority (EDA) has discussed with New Perspective Senior Living their proposal to take over the Comforts af Home project, which was going into foreclosure. Based on past discussion, it is anticipated that at the EDA's meeting on July 28, 2008 they will approve an amended agreement that will: 1} assign all of the rights and obligations from the original Comforts of Home Agreement; and 2) will give tax abatement to the project if aggregate taxes exceed a given target (Section 3 of City's Resolution). Since the abatement agreejnent is a three party agrezment, the City must act on the same. In addition, the City resolution also gives approval for the actual abatement to occur as only the Ciry (not the EDA) can authorize this form of financial payment (Section 4). itecc~~x~e~ci~tia~: ~taff r~co~n~r~cnds Ado~tivi~ uf r~esc,lia~iaiz 20~8-I bS, Ap~l•ov;ng Pr~perty Tax ~'aateinent related to senior housing improvements and approving the First Amendment to Contract for Private Redevelopment with New Perspectives Fund III, LLC. Recomm~nded Motion: Nlave to waive the Reading of Resalutian 2008-168, there being an arnpie amount of copies available ta the public. Move to Adopt Resolution 2008-168, a Resolution Approving Property Tax Abatement Related to Senior Housing Improvements and Approving the First Amendment to Contract for Private Redeveiopment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ,9ttachments: Kesoludon _~UUcY-162s, rirstAinenctmentto e ontractJorYrrvate COUNCIL ACTION: 97 SOI.iT'TIOI~T I~T~. 2008-16~ CITI' OF COLUMBIA HEIGHTS, MIlvNESOTA RESOLUTION APPROVING PROPERTY TAX ABATEMENT RELATED TO SE1vIOR HOUSING IlVII'ROVEMENTS AND APPROVING FII2ST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BE IT RESOLVED by the City CoEmcil (the "Council") of the City of Calumbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") and Pratt Ordway, LLC, dba Pratt Ordway Properties (the "Original Redeveloper") entered into that certain Contract for Private Redevelopment, dated as of November 28, 2006 (the "Original Contract") providing for redevelopment of certain property in the City (as defined in the Original Contract, the "Redevelopment Property"). 1 A2. The Original Redeveloper assigned all of its rights and interests in the Original Contract to Columbia Heights COH, LLC ("COH") under an assignment and assumption agreement, dated as of January 26, 2007. 1.03. Lighthouse Acquisition Group, LLC will purchase the Redevelopment Property and assign all of its rights and interests in the RedeveIopment P'roperty and the Original Contract to New Pers~ective Fund III, LLC (the "Redeveloper"), 1.04, The Original Redeveioper failed to complete construction of a senior rental housing facility (as defined in the Qriginal ~ontract, the "Minimum Impr~vements") on tne Redevelopment Property and the Redeveloper has requested certain assistance in order to complete such improvements. 1.05. The Original Contract is being amended (the "First Amendment") to, among other items, include the City as a party to the Original Contract, as well as to provide for a property tax abatement to the Redeveloper. 1.06. Pursuant to Minnesota Statues, Sections 4691812 through 469.1815, as amended (the "Act"), the City is authorized to abate a portion of its real properly taxes on the Redevelopment Property (the "Abatement") to facilitate development of the Minimum Improvements. 1.07. On July 14, 2008, and continued to July 28, 2008, the Council conducted a duly noticed public hearing on the Abatement pursuant to the Act at which the views of all interested persons were heard, 336144v3 A.iP CL205-34 98 Section 2. Findin~s; Benefits of the Abatement. 2.01. Benefits Equal Costs. It is hereby found and determined that the benefits to the City from the Abatement will be at least equal to the costs to the City of the Abatement for the following reasonse (a) The Abatement will help finance the construction of the Minimu~n Improvements, which wi11 redevelop real property that is presently underutilized and will prevent the emergence of blight at a critical location in the City. (b) Construction of the Minimurn Improvements will eomplete the redevelopment of the area surrounding 37th Avenue and Stinson Boulevard, which was otherwise a vacant and undeveloped area of the City. (c) Construction of the Minimum Improvements will increase the value of the Redevelopment Property, thereby generating additional City tax revenues after expiration of the Abatement. 2.02. Public Interest. It is further found and determined that the Abatement is in the public interest, as set forth in Section 469.1813, Subdivision 1 of the Act, for the following reasons: (a) Increase or preserve tax base, by stimulating development on the Redevelopment Property, as described in Section 2.01. (b) Help to redevelop and renew blighted areas in the City, or areas that may become blighted, as described in Section 2.01. (c} Help provide access to services for residents of the City, because construction of the Minimum Tmprovements will offer residents a service that is not presently utilized to its fullest extent within the City. Section 3. Terms of the Abatement. 3.01. Generallv. According to the First Amendment, the Redeveloper is eligible to receive the Abatement each tax-payable year from 2011 through 2015 (the "Abatement Period"). The Redeveloper will receive the Abatement in a specific tax-payable year during the Abatement Period only if the amount of aggregate taxes from the Redevelopment Property, payable to the City, Anoka County, Independent School District No. 13, and any special taxing districts (collectively, the "Aggregate Taxes"), equals or exceeds the following numbers, as shown on the following chart: 336144v3 AJP CL205-34 99 Tazes Pa able Year r ate Tazes 2011 $80,000 2012 82,400 2013 84,872 2014 87,418 2015 90,041 3.02. Citv Contribution. If the Aggregate Taxes exceed the amounts listed in Section 3.01 for any tax-payable year during the Abatement Period, the City agrees to pay to the Redeveloper a portion of the City's share of the Aggregate Taxes for that specific tax-payable year (the "City Contribution"), as an abatement under the Act. The City Contribution will be the City's share of property taxes from the Redevelopment Property in each specific tax-payable year during the Abatement Period in which the Redeveloper's Aggregate TaYes exceed the amounts in Section 3.01, minus the City's share af the property taxes from the Redevelopment Property in tax-payable year 2009. The City will levy the City Contribution, if any, using its best estimates and projections of the Redevelopment Property's tax capacity and the City's tax rates thereon for each tax-payable year within the Abatement Period. 3.03. Excess Citv Contribution. If the City levies for the City Contribution during the Abatement Period based on its best estimates and projections of the Redevelopment Property's tax capacity and the City's t~ rates thereon, and the Redeveloper is not eligible for the Abatement because the Aggregate Taxes do not exceed the amount for a specific tax-payable year pursuant to Section 3.01, the City will irrevocably credit that specific City Contribution into a subaccount of the City. If the Redeveloper later qualifies for the City Contribution in a given tax-payable year during the Abatement Period, the City will disburse the funds already irrevocably credited to the Redeveloper. If, at the end of the Abatement Period, the balance of the City Contribution has not been credited to the Redeveloper, and the Redeveloper has not become otherwise eligible for the City Contribution, the City will use the remainder ofthe City Contribution to reduce its generat levy for the tax-payable year following 1he expiration of the Abatement Period. 3.04. Shortage of City Contribution. If the City levies for the City Contribution during the Abatement Period based on its best estimates and projections of the Redevelopment Property's tax capacity and the City's tax rates thereon, and the Redeveloper is both eligible for the Abatement and an increased City Contribution because the Aggregate Taxes are higher than projected by the City, the City will levy the excess amount of the City Contribution for the foliowing tax-payable year, whether or not the Abatement Period has expired. During the Abatement Period, the excess City Contribution will be in addition to the reglilar Ciry Contribution estimated to be due to the Redeveloper for the following tax-payable year, if any. Section 4. Actions Ratified; Abatement Approved. 4.01. Ratification. The Council hereby ratifies all actions of the City's staff and consultants in arranging for approval of this Resolution in accordance with the Act. 4.02. Additional Terms. Subject to the provisions of the Act, the Abatement is hereby approved and adopted subject to the following additional terms and conditions: 336144v3 AJP CL~OS-34 100 (a} The aggregate Abatement paid to the Redeveloper during the Abatement Period will not exceed $15t},~00. (b) In accordance with Section 469.1813, Subdivision 8 of the Act, in no year sha11 the Abatement, together with all other abatements approved by the City under the Act and paid in that year, exceed the greater of 10 percent of the net tax capacity of the City for the taxes payable year to which the Abatement applies or $200,000 (the "Abatement Cap"). The City may grant any other abatements permitted under the Act after the date of this Resolution, provided that to the extent the total abatements in any year exceed the Abatement Cap, the allocation of the Abatement Cap to such other abatements is subordinate to the Abatement granted under this Resolution. (c) If the City determines that a City Contribution is due to the Redeveloper in a specific tax-payable year during the Abatement Period, the City will disburse the City Contribution to the Redeveloper on August 1 of that tax-payable year and the next fallowing February 1. For example, if a City Contribution is due to the Redeveloper in 2011, half of the City Contribution will be payable on August l, 2011, and the second half will be payable on February l, 2012. Such payments will continue by the City until the end of the Abatement Period or until the total Abate~nent payments reach $150,000, whichever occurs first. (d) This Resolution may be modified only with the prior written approval of the City. All determinations of the City regarding the Redeveloper's eligibility for the Abatement and the amount of the City Contribution are controlling. (e) In accordance with Section 469.1815 of the Act and according to the First Amendment, the City will add to its levy in each year during the Abatement Period the total estimated amount of current year Abatement granted under this Resolution. 4.03. Approval of First Amendment. The First Amendment, as presented and on file with the City Council, is hereby approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and the City Manager, provided that execution of the document by such officials shall be eonclusive evidenc~ of appraval. The IVlayar and the City Manager are authorized and directed to execute and deliver the First Amendment in order to implement the agreements and certifications agreed to by the Authority, the City and the Redeveloper and contained in this Resolution. The Mayor and the City Manager are further authorized to execute and deliver any additional agreements, certificates, or other documents that the City determines are necessary to implement this Resolution. 4.04. Effective Date. This Resolution is effective only upon the execution of the First Amendment and the closing date of the transfer of the Redevelopment Property to the Redeveloper. 336144v3 AJP CL205-34 4 101 Approved by the City Council of the City of Columbia Heights, Minnesota this 28th day of July, 2008e Motion By: Second Bye Passed: Mayor-Gary L. Peterson ATTEST: CMC/City Clerk- Patricia Muscovitz 336144v3 AJP CI.205-34 5 102 E~ecution Copy FII25T AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT By and Between CITY OF COLUMBIA HEIGHTS, MIlvI~LESOTA, ~OL IA IG ~ E~O1~TC1 C I)E~I.t~I'1VIE~ ~i3T~tlQrl~I`~Y COLUMBIA HEIGHTS, MINNESOTA, and I9TEVV PERSPECTIVE g+'~TND III, LLC Dated as of: , 2008 This document was drafted hy: KENNEDY & GRAVEN, Chartered (AJP) 470 US Bank Plaza ~ 200 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 337-9300 336135v5 AJP CL205-34 103 FIR.ST AMENDMENT TO ~(~ C~° Ia'4It ~" r~i I)E I.~P THIS FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT (this "First Amendment"}, is made as of the day of , 2008, by and between the CITY OF COLUMBIA HEIGHTS, a municipal corporation and political subdivision of the State of Minnesota (the "City"}, the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and political subdivision of the State of Minnesota (the "Authority"), and NEW PERSPECTIVE FL1ND III, LLC, a limited liability company authorized to do business under the laws of the State of Minnesota (the "Redeveloper"). WITNESSETH: WHEREAS, the Autharity and Pratt Ordway, LLC, dba Pratt Ordway Properties (the "Original Redeveloper") entered into that certain Contract for Private Redevelopment, dated as of November 28, 2006 (the "Original Contract") providing for redevelopment of certain property in the City; and WHEREAS, the Original Redeveloper assigned all of its rights and interests in the Original Contract to Columbia Heights COH, LLC ("COH") under an assignment and assumption agreement, dated as of January 26, 2007; and WHEREAS, Lighthouse AcGuisition Group, LLC will purchase the Redevelopment Property (as defined in the Original Contract) and assign all of its rights and interests in the Redevelopment Property and the Original Contract to the Redeveloper before the Redeveloper commences construction of the Minimum Improvements; and WHEREAS, the Original Redeveloper and its successors and assigns failed to cornplete construction of the Minimum Improvements and the Redeveloper has requested certain assistance in order to camplete such improvements; and WHEREAS, pursuant to Minnesota Statues, Sections 469.1812 through 469.1815, as amended (the "Abatement Act"), the City is authorized to abate a portion of its real property taxes on t11e Redevelopment Property (the "Abatement") to increase the City's tax base and facilitate redevelopment; and WHEREAS, the parties have determined a need to modify the Original Contract to add the City as a party, provide for payment of the City's administrative costs in regards to this First Amendment, provide for the Abatement, and address a change in construction schedules as further described herein; and WHEREAS, all capitalized but undefined terms in this First Amendment shall have the meanings as assigned in the Original Contract. Defined terms in this First Amendment shall be mearporated inta the Original Contract. 336135v5 AJP CL205-34 1 104 NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1, A new Section 3.7 to the Original Contract is added and reads as follows: Section 3.~. Tax Abatement. The City will grant the Abatement to tl~e Redeveloper under the following terms and conditians: (a) Generally. The Redeveloper is eligible to receive the Abatement each tax-payable year from 2011 through 2015 (the "Abatement Period"). The Redeveloper will receive the Ahatement in a specific tax-payable year during the Abatement Period only if the amount of aggregate taxes from the Redevelopment Property, payable to the City, Anoka County, Inciependent School District No. 13, and any special taxing districts (collectively, the "Aggregate Taxes"), equals or exceeds the following numbers, as shown on the following chart: Tazes Pa able Year r ate Tazes 2011 $80,000 2012 82,400 2013 84,872 2014 87,418 2015 90,041 (b) City Contribution. If the Aggregate Taxes exceed the amounts listed in Section 3.~(a) for any tax-payable year during the Abatement Period, the City agrees to pay to the Redeveloper a portion of the City's share of the Aggregate Ta~ces for that specific taY-payable year (the "City Contribution"), as an abatement under the Abatement Act. The City Contribution will be the City's share of property taxes from the Redevelopnnent Property in each sp~cific tax-payabl~ year during the Abatement Period in which the Redeveloper's Aggregate Taxes exceed the amounts in Section 3.7(a), minus the City's share of the property taxes from the Redevelopment Praperty in tax-payable year 2009. The City will levy the City Contribution, if any, using its best estimates and prajections of the Redevelopment Property's tax capacity and the City's tax rates thereon far each tax-payable year within the Abatement Period. (c) Excess City Contribution. If the City levies for the City Contribution during the Abatement Period based on its best estimates and projections of the Redevelopment Property's tax capacily and the City's tax rates thereon, and the Redeveloper is not eligible for the Abatement because the Aggregate TaYes do not exceed the ainount for a specific tax-payable year pursuant to Section 3.7(a), the City will irrevocably credit that specific City Contribution into a subaccount of the City. If the Redeveloper later qualifies for the City Contribution in a given tax-payable year during the Abatement Period, the City will disburse the fiinds already irrevocably credited to the Redeveloper. If, at the end of the Abatement Period, the balance of the City Contribution has not been credited to the Redeveloper, and the Redeveloper has not become otherwise eligible for the City Contribution, the City will use the remainder of the City Contribution to reduce its general levy for the taY-payable year following the expiration of the Abatement Period. (d) Shortage of City Contribution. If the City levies for the City Contribution during the Abatement I'eriod based on its best estimates and projections of the Redeveloplnent Property's tax 336135v5 AJP CL205-34 2 105 capacity and the City's tax rates thereon, and the Redeve(oper is both eligible for the Abatement and an increased City Contribution because the Aggregate Taxes are higher than projected by the City, the City w~ll levy the excess ~mount af the City Contributi~n for the fctlcs~ving tax-payabte year, whether or not the Abatement Period has expired. During the Abatement Period, the excess Ciry Contribution will be in addition to the regular City Contrihution estimated to be due to the Redeveloper for the following tax-payable year, if any. (e) Pczyment of City Contribution. If the City determines that a City Contribution is due to the Redeveloper in a specific tax-payable year during the Abatement Period, the City will disburse the City Contribution to the Redeveloper on August 1 of that tax-payable year and the next fbllowing February 1. For example, if a City Contribution is due to the Redeveloper in 2011, half of the City Contribution will be payable on August 1, 201 l, and the second half will be payable on February 1, 2012. (t) Abatement Resolution. The City Council of the City has approved the Abatement pursuant to a resolution adapted after a duly noticed public hearing on July 28, 2008. All determinations of the City regarding the Redeveloper's eligibility for the Abatement and the amount of the City Contribution are controlling. 2. Section 4.3(a) of the Original Contract is modified to read as follows: (a) Minimum Imp~ovements. Subject to Unavoidabie Delays, the Redeveloper must commence construction of the Minimum Improvements by January 1, 2009 and must substantially complete construction of the Minimum Improvements by December 31, 2009. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redevetoper and approved by the Authority and the City. If the Redeveloper is making substantial progress with respect to the Minimum improvernents and is unabie to meet one or more of the above-referenced deadlines, the Authority and the Redeveloper shall negotiate in good faith for a reasonabie period to extend the tirne in which necessary action(s) must be taken or occur, the lapse of which time would otherwise canstitute a default under this Agreement. 3. Section 3.5 of the Originat Contract is deleted and replaced by ~he following language: Seetion 3.5. Payinent of Administrative Costs. The parties expressly acknowledge to each other that the Redeveloper is responsible for the City's Administrative Costs in the negotiation and preparation of this First Amendment to the Original Contract and any further amendments thereto. "Administrative Costs" means out-of-pocket costs incurred by the City in connection with the negotiation and preparation of this First Amendment, and other documents, agreements and resolutions in connection with the Redevelopment Property or the Abatement. In order to secure partial payment of the City's Administrative Costs, the Redeveloper has delivered $2,000 to the City. The City will utilize such funds to pay or reimburse itself for the Administrative Costs. If the City determines that the Administrative Costs will exceed $2,000 and that additional security is required, the City shall notify the Redeveloper of the amount of such additional security. Within ten calendar days of receipt of such notice, the Redeveloper shall deliver to the City the required additional security. Failure of the Redeveloper to deliver the requested additional security will 336135v5 AJP CL205-34 Z 106 result in the City suspending its obligations under the Original Contract and any amendments thereto until the security is provided. 4. The definition of "Minimum Improvements" in Section 1.1 of the Original Contract is amended to read as fallows: "Minimum Improvements" means the construction on the Redevelopment Property of a minimum 58-unit rental housing faciliry intended primarily for occupancy by seniors. 5. The Authority has represented that the actual costs of the Demolition Work (as defined in the Original Contract) are $126,616.89. If the Redeveloper shall fail to complete construction of the Minimum Improvements by the date specified in Section 4.3(a) of the Original Contract (as amended by this First Amendment), the Redeveloper shall promptly repay to the Authority the base cost of the Demolition Work paid by the Authority ($115,000). 6. The Original Contract remains in fiill force and effect and is not modified except as eXpressly provided herein. This First Amendment shall become effective on the closing date of the transfer of the Redevelopment Property to the Redeveloper. If the Redeveloper does not close on the Redevelopment Property by December 31, 2008, this First Amendment shall not become effective and will not be binding on the parties hereto. 7. The Redeveloper will file this First Amendment with the offices of the County Recorder and Registrar of Titles, at the Redeveloper's cost. (The remainder of this page is intentionatty left btank.} 336135v5 AJP CL205-34 107 IN WITNESS WHERF,OF, the City and the Authority have caused this First Amendment ta be duly executed in their names and the Redeveloper has caused this First Amendment to be cfuly exec~ated in its name and behalf as of the date first abave wrltten. CITY OF CUL IA HEIGHTS, NIINI~IESOTA By By Its Mayor- Gary L. Peterson Its City Manager-Walter R. Fehst STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged befare me this day of , 2008 by Gary Peterson and Walter Fehst, the Mayor and City Manager, respectively, of the City of Columbia Heights, Minnesota, on behalf of the City. Notary Public 336135v5 AJP CL20i-34 ~- ~ 108 COLUMBIA HEIGHTS ECONONIIC DEVELOPMENT AUTHORITY By STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) Its President- Gary L. Peterson By Its Executive Director-Walter R. Fehs~ The foregoing instrument was acknowledged before me this day of , 2008 by Gary Peterson and Walter Fehst, the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, on behalf of the Authority. Notary Public 336135v5 AJP CL205-34 S_2 109 NEW PERSPECTIVE FUND III, LLC By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008 by , the of New Perspective Fund III, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 336135v5 AJP CL205-34 S-3 110 crr~ couNCar LETTER ~~~ta~b ~~: .lu2y, ~~, ?oog AGENDA SECTI4N: ORIGiNATING DEPT.: CITY MANAGER NO: Community Develapment APPROVAL ITEM: Resolution 2008-169, Establishing Fees BY: Scott Clark BY: for the Residential Inspection Before Sales DATE: July 21, 2008 Program BACKGROUND Attached is Resolution 2008-169 estahlishing the fees charged for the Residential Inspection Before Sale Program (RIBS) that was adopted by Columbia Heights Ordinance No.1548. Staff has recommended setting the fee at $185/unit for the inspection prior to the sale of a residential property in Columbia Heights. This fee would provide $135 for the inspector and $50 for City costs. Staff also recommends a$10 fee to renew the "Certificate of Maintenance" in the case of a property not sold within the allotted time frame of the Ordinance. ~~~li~1C~Ei~T~~i~~~l~Ts Staff recamin~n~s Adaptior~ af ~.esol~tian 200~-1 b9, ~dapti~~g FeeS for the Residential Inspection Before Sale Program. RECOM[MIENDED MOTION: Move to waive the reading of Resolution No. 2008-169, there being an ample amount of copies available to the public. Move to Adopt Resolution No. 2008-169, being a Resolution Adopting Fees for the Residential Inspection Befare Sale Program. Attachmeni: Resolution 2008-169 COUNCIL ACTION: 111 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2008-169 ADOPTING FEES FOR THE RESIDENTIAL INSPECTION BEFORE SALE PROGRAM WHEREAS: Ordinance 1548 established the City of Columbia Heights Residential Inspection Before Sale program; and WHEREAS: The City is attempting to establish fees that are reasonable to cover costs for said inspectian; and WHEREAS: The City will review these fees annually to ensure they cover the expenses of said program; NOW, THEREFORE, BE IT RESOLVED that the attached propased fee schedule be adopted and effective August 28, 2008 through December 31, 2009. Approved by the City Council of the City of Columbia Heights this 28th day of July, 2008. Motion By: Second By: Passed: Mayor - Gary L. Peterson ATTEST: CMC/City Clerk - Patricia Muscovitz 112 FEES FOR RESIDENTIAL INSPECTION BEFORE SALE PROGRAM Effective Au~ust 28, 200$ throu~h December 31 2009 Fee for Inspection Prior to Listing Residential Property "Por Sa1e" $185 per unit Fee to renew the "Certificate of IVlaintenance" $ 10 per unit 113 Gtlz 1~nnual ClzaritL~ So~tliall Game Game One; ~,©~~~m~;~ ~~, ~,ts host ~~~~e ~ ~ ~s. Game Two: ,o,ll jars 'U5. ~riCitc~/Daves ~Ports~oP Women ~ d~~~i~c.n ~Jorzt~a~~ ~ eam Wednesday August 6th, 6pm at Huset Park-Field 5 39th and Jefferson Pease ring a monetary gi~t to bene~it S~CA's ~ooc~ 5he~~ Columbia rJeights ('office ~ ire ]~epi ~or more info call SACA at x'63-7"89-2444 GUUZS From: Kathy Young ~ ~ I ~ To: John Larkin Date: 11/6/2006 3:47:21 PM Subject: Fwd: Re: retaining wall John- Here's what I found in Council Minutes: Permission was given by City Council on September 12, 1960 to a private party, B and M. Inc., to grade the alley (see below). A Public Hearing was held on November 13, 1961 to blacktop the alley. The project was approved and the alley was paved in 1962. There is no reference to constructing a wall along this alley in the Council minutes from 1960-1969. At this time, Public Works considers that a privately owned wall on private property. -'~~r-equest-was_received~r~m_R~hert Bird fQr~ermissi~n to4.pen atted alley betv_veen Taylor and Fillmore ________ _ from 45th to 46th, and will agree to do all necessary excavating to bring alley to grade as per City Engineer's established grade. Motion by King seconded by Orendortf, that B. and M. Inc. be granted permission to open this alley according to specifications of City Engineer, at their own cost. Roll call -all ayes." »> John Larkin 11/1/2006 4:53 PM »> Kathy, If there is anyway you can get Alex to figure out the years you were unable to search, that would be great. Tt1e gwner had the property in 1960 and swears that the City put up the wall. If you could let me know that would be great. John »> Kathy Young 10/30/2006 4:37 PM »> John- I have looked through our plans and corresponding field books, but cannot find any reference to the wall. The guard rail is installed on the right-of-way line, so the slope and wall are on private property. It appears the duplex was built in 1960. The alley was surtaced in 1962, but graded sometime earlier. There°s nothing conclusive one way or the other. »> John Larkin 8/15/2006 11:26 AM »> Kathy, Can you have someone look at this wall and tell me who would be responsible? thank you, john »> Lauren McClanahan 8/15/2006 8:03 AM »> John: The Engineering Dept. may be able to answer your question with some documentation to back it up. As far as I can remember the city installed the guard rail, I don't have any knowledge of the wood retaining LANNERS & OLSOlr1, . A. ATTORI~IEYS AT LAW ALAN J. LANNERS David C. Olson DAVID C. OLSON E-mail: olsond ®,landolaw.com Legal Assistant: Heidi M. McConnell June 16, 2008 Fire Chief Gary Gorman 555 Mill Street NE Columbia Heights, MN 55421 RE: Property located at 4513 Taylor Street NE Dear Chief Gorman: As I believe you are aware, Stanley Van Blaricom disputes the alleged violation as described in your May 6, 2008 letter regarding the above referenced property. Mr. Van Blaricom has owned the property since it was built in the 1960's. Shortly after construction the City of Columbia Heights constructed a retaining wall, a portion of which is on Mr. Van Blaricom's property. This was not done to benefit Mr. Van Blaricom but was done without his consent or input presumably in order to benefit the city. As such, Mr. Van Blaricom's position is that the city should incur the expenses associated with maintaining and improving the retaining wall that it constructed for its benefit. Sincere David C. Ison DCO/hmm Enclosures cc: Stanley Vanblaricom 12805 Highway 55, Suite 102 • Plymouth, MN, 55441 • Tel: (763) 550-9892 • Fax: ("763) 550-9630 `~' P• A. A~T'TOP;NEYS AT ALAN J. CANNERS DAVID C. OLSON Mr. Gary Gorman Fire Chief 555 Mill Street NE Columbia Heights, MN 55421 December 17, 2007 RE: Property located at 4513 NE Taylor St. Dear Mr. Gorman: David C. Olson E-mail.: olsond(a~landolaw com Legal Assistant: Heidi M. McConnell This is to notify you that I represent Stanley Vanblaricom relating to property located at 4513 NE Taylor Street in Columbia Heights. Mr. Vanblaricom wishes to challenge the initial determination that repair costs to a retaining wall located on this property are his responsibility. According to Mr. Vanblaricom this alteration was originally performed by the City in order to protect the City's alleyway located adjacent to Mr. Vanblarcom's property. Mr. Vanblaricom had nothing to do with the construction of the retaining wall and did not have the opportunity to be involved in the decision to create the retaining wall. S'ncer ly David C Olson DCO/hmm Enclosures cc: Stanley Vanblaricom 12805 Highway 55, Suite 102 • Plymouth, MN, 55441 • Tel: (763) 550-9892 • Faz: (763) 550-9630