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HomeMy WebLinkAboutAugust 25, 2008 RegularCITY OF COLUMBIA HEIGHTS M vor Gaty L. Peterson 590 40°i Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Visit our website nt: www.al.columbia-heitrltts.mn.up Robert A. Williams Brace Nawroeki Tan:mera Diehm Brace Kelzenberg City Manager Walter R. Fe{rst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, August 25, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Cleric at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Ruth Hograbe, Community United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Guests -Report from Sister City Student exchange program B. Guest• Report on SACA softball fund raising event 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the August 11 2008 Columbia Hei htg s City Council meeting. p~ MOTION: Move to approve the minutes of the August 11, 2008 Columbia Heights City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. MOTION: Move to accept the minutes of the Library Board meeting of July 1, 2008. pz s MOTION: Move to accept the minutes of the Planning and Zoning Commission meeting of p27 August 8, 2008. C. Approve closin Lg ibrary to the Public 9/5/08 to re-carpet lobby p63 MOTION: Move to close the Library to the public due to re-carpeting of the lobby from 9 a.m. to 5 p.tn. on Friday, September 5, 2008. D. Approve the transfer of funds from the General Fund to the Police Department Bud>?et to p64 reimburse Overtime fund MOTION: Move to transfer $906.66 received from Unique Thrift Stores, $3,369.96 received City Council Agenda Monday, August 25, 2008 Page 2 of 6 from School District #13, and $105.12 received from Financial One Credit Union for a total of $4,381.74 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. E. Resolution 2008-196 Accepting~etition and ordering a bike trail/pedestrian connection. p84 MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. ' MOTION: Move to adopt Resolution No. 2008-196 being a Resolution accepting the petition and ordering the preparation of a report to construct a bike trail/pedestrian connection on Stinson Boulevard extending from 40th Avenue to Benjamin Street. F. Establish date for Public Special Assessment Levy Hearing for two projects: Zone ~1B, 2 and 3A Seal Coat Program and University Avenue Service Drive Street Reconstruction pgp MOTION: Move to establish Monday, October 13, 2008 at 6:00 p.in. as the Public Special Assessment Levy Hearing for City Project #0801 Seal Coat Project, to be held in the City Council Chamber. MOTION: Move to establish Monday, October 13, 2008 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #0602, University Avenue Service Drive Street Reconstruction, to be held in the City Council Chamber. G. Adopt Resolution 2008-181 being a Resolution acceptingLbids and awarding the contract for Universit~Avenue Service Drive p91 MOTION: Move to waive the reading of Resolution No. 2008-181, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-181, being a resolution accepting bids and awarding the 2008 Street Improvement projects including Alternate 1 for unit priced residential driveway construction, and Alternate 2 for a fence line concrete maintenance strip, Project No. 0602 to Midwest Asphalt in the amount of $952,359.84, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. H. Approval of the attached list of rental housing license applications in that thev have met the requirements of the Pr~erty Maintenance Code. p95 MOTION: Move to approve the items listed for rental housing license applications for August 25, 2008. Adopt Resolution #2008-183 bei~ a Resolution adopting the 2009 Business License Fee Schedule. p98 MOTION: Move to waive the reading of Resolution No. 2008-183, as there are ample copies available to the public. MOTION: Move to adopt Resolution #2008-183 being a Resolution adopting the 2009 Business License Fee Schedule as presented. J. Approve Business License Applications pio3 MOTION: Move to approve the items as listed on the business license agenda for August 25, 2008 as presented. City Council Agenda Monday, August 25, 2008 Page 3 of 6 K. Approve payment of the bills. p105 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Checlc Number 126975 through Checlc Number 127131 in the amount of $1,311,803.66. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2008-188 954 42nd Avenue N E 2008-189 4522 5th Street N.E. 2008-190, 4100 Reservoir Boulevard and 2008-191 1272-1274 Circle Terrace Boulevard N.E. being p113 declarations of nuisance and abatement of violations within the City of Columbia Heights. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-188, 189, 190, and 191 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-188, 189, 190, and 191 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B. Adopt Resolutions 2008-192 543 Lomianki Lane N.E. 2008-193 3940 Johnson Street N.E. plzz being_Resolutions ~provin~ rental license revocation for failure to meet the requirements of the Property Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-192, and 193 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-192, and 193 being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. C. 2nd Reading of Ordinance 1553 being a Zoning~Amendment as it relates to Dynamic LED p1z7 Sinae. o MOTION: Move to waive the reading of Ordinance No. 1553, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1553, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1553. D. 2nd Reading of Ordinance 1554 being_a Zoning Amendment as it Relates Garage Sales. pls9 Move to waive the reading of Ordinance No. 1554, being ample copies available to the public. Move to adopt Ordinance No. 1554, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1554. E. 2nd Reading of Ordinance 1555 being_a Zoning Amendment as it relates to Real Estate Sisns. p156 MOTION: Move to waive the reading of Ordinance No. 1555, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1555, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1555. F. 2nd Reading of Ordinance 1556 bei~ a Zoning Amendment as it relates to Governmental p177 Temporary Si ig_is. City Council Agenda Monday, August 25, 2008 Page 4 of 6 MOTION: Move to waive the reading of Ordinance No. 1556, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1556, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1556. G. Second Reading of Ordinance 1552 being an Ordinance to vacation of a portion of Jackson pia3 Street for 825 - 41st Avenue. MOTION: Move to waive the reading of Ordinance No. 1552, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1552, being an ordinance to vacate a portion of Jackson Street for 825 - 41st Avenue. H. Adopt Ordinance 1551 being an Ordinance amendin thg e City Charter of the City of Columbia Heights relating to General Provision Definitions to clarify the positions of City Clerk and City Treasurer. pzoo Motion: Move to waive the reading of Ordinance No. 1551, there being ample copies available to the public. Motion: Move to adopt Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. Adopt Ordinance 1535 being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions to clarifypositions of City Clerk and City pzo5 Treasurer. Motion: Move to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Motion: Move to adopt Ordinance 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Accent bids and award contracts for Public Safety Center Phase I site work. paia MOTION: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 site work bid Division CH1-02-1 to Landwehr Construction in the amount of $838,500.00 base bid and accept Alternates 2, 3, 4, 5, 7, and 8 as listed for a total contract award of $729,000.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 site work bid Division CH1-02-2 to Bituminous Roadways in the amount of $137,500.00 base bid and accept Alternate 1 Hold-Add as listed for a total contract award of $137,500.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to accept the bid and award the contract for Columbia Heights Public Safety City Council Agenda Monday, August 25, 2008 Page 5 of 6 Center Phase 1 site work bid Division CH1-03-1 to North Country Concrete in the amount of $292,939.64 base bid and accept Alternate 1Hold-Deduct and Alternate 5 as listed, for a totalpaz6 contract award of $299,239.64; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. MOTION: Move to reject bid Division Columbia Heights 1-16-1 Electrical Site Lighting, to be included in the next bid package 2. Adopt Resolution 2008-186 Parking Ramp Operations Agreement Between the City of paa6 Columbia Heights and Stadium Village Properties LLC at 950 40th Avenue. MOTION: Move to waive the reading of Resolution 2008-186, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-186, being a Resolution approving a parking ramp operations agreement between the City of Columbia Heights and Stadium Village Properties, LLC at 950 40th Avenue; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. 3. Adopt Resolution 2008-187 Preliminary Development Agreement by and between the City pa3s of Columbia Heights and Stadium Village Properties LLC for building facade improvements at 3989 Central Avenue. MOTION: Move to waive the reading of Resolution 2008-187, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-187, being a Resolution approving the preliminary development agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC for building facade improvements at 3989 Central Avenue; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 4. AdoRt Resolution 2008-184 Acquisition of Property Located at 961 Gould Avenue pz43 MOTION: Move to waive the reading of Resolution 2008-184, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-184, being a Resolution approving the acquisition of property located at 961 Gould Avenue; and furthermore, to authorize the Mayor and City Manager to enter to an agreement for the same. 5. Adopt Resolution 2008-185 being a Resolution approvin tg he acquisition of property located at 4631 Pierce Street pa6s MOTION: Move to waive the reading of Resolution 2008-185, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-185, being a Resolution approving the acquisition of property located at 4631 Pierce Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 6. Adopt Resolutions 2008 195 and 2008-194 being Resolutions authorizing Honeywell to pza5 Implement an Enema Conservation Program Utilizing Minn Stat 471 345 mcludm~ financing for John P. Murzvn Hall. City Council Agenda Monday, August 25, 2008 Page 6 of 6 MOTION: Move to waive the reading of Resolution 2008-195, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-195, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to energy management and energy related capital services at John P. Murzyn Hall. MOTION: Move to waive the reading of Resolution 2008-194, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-194, being a Resolution authorizing the agreement with Honeywell International, Inc. to implement an energy conservation program that will retrofit Murzyn Hall for the purpose of energy cost savings utilizing MN STAT. § 471.345 B. Bid Considerations C. Other Business. 8. ADMINISTRATIVE REPORTS Report of the City Manager • Distribution of Proposed 2009 Budget • September 2 Work Session items Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager OFFICLAL PROCEEDINGS CITY OF COLUMBIA HEIGIiTS CITY COUNCIL MEETING AUGUST 11, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 11, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Shirley Barnes, CEO Crest View Lutheran Home, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions No. 2008-178 and 2008-179 in that the properties have been brought into compliance. Nawrocki requested discussion on the 2009 proposed budget. He asked that the draft agenda better explain items, for example the Charter changes and where on Jackson Street the vacation would be. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation -Kjersta Yackel Fire Chief Gary Gorman indicated that on June 4th a resident, Harold Jorvic, collapsed in his driveway and his breathing stopped. Kjersta and her mom, Shirley, were driving by and stopped as Kjersta wanted to help the man. She had learned CPR in high school and performed CPR on Mr. Jorvic until our firefighters arrived. The Fire Department was present to honor her with a commendation for her courageous, unselfish act. Gorman also credited Shirley with stopping so her child. could help. Gorman stated this act was very courageous, as learning CPR on a dummy is clean and sterile, but a real situation can be very intimidating. Gorman called Kjersta forward and presented her with a City Award of Commendation. He quoted from an article written by Gail Olsen in the Northeaster, which was an excellent story on Kjersta saving Mr. Jorvic's life. Peterson stated that he ends every meeting with "do a random act of kindness" and this was a great one. CONSENT AGENDA Walt Fehst, City Manager, took Counciltnembers through the Consent Agenda items. A. Approve minutes of the July 28, 2008 Columbia Heights City Council meeting Motion to approve the minutes of the July 28, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the Charter Commission meeting of July 17, 2008. City Council Minutes Monday, August 11, 2008 Page 2 of 18 C. Adopt Resolution No. 2008-170, being a Resolution desi ng ating election jud e salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emergency jud ems. Nawrocki stated that the Primary Election is Tuesday, September 9t" Motion to adopt Resolution No. 2008-170, being a Resolution designating election judges and salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. D. Establish canvass of the 2008 Primary Election results for Wednesda~ptember 10, 2008 be ig nnin~ at 5:30 p.m. in the City Council Chambers. Resolution may be found at the end of this document. Motion to establish the canvass of the 2008 Primary Election results for Wednesday, September 10, 2008 beginning at 5:30 p.m. in the City Council Chambers. E. Authorize School Liaison Officer Contract with School District #13 for 2008-2009 School Year Motion to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with School District #13 for the provision of a Police School Liaison Officer as stipulated in the Joint Powers Agreement for the period of September 4, 2008 through June 9, 2009. F. Adopt Resolution No. 2008-167, being a Resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 92807 with MNDOT for TH 47 University Avenue Service Drive Reconstruction. Fehst stated that the bid award would be tabled until later in the meeting, as they must be approved by the State first. Nawrocki questioned if there was a meeting to inform the residents. Kevin Hansen, Public Works Director, stated that an informational card was sent out last week, with the expectation to begin construction right after Labor Day. The meeting will be held at that time. Motion to waive the reading of Resolution No. 2008-167, there being ample copies available to the public. Motion to adopt Resolution No. 2008-167, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 92807 with Mn/DOT for TH 47 University Avenue Service Drive Improvements, City Project No. 0602. RESOLUTION N0.2008-167 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 92807 WITH MNDOT FOR THE UNIVERSITY SERVICE DRIVE RECONSTRUCTION FROM 40TH TO 45TH AVENUES CITY PROJECT # 0602 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the University Service Drive Reconstruction from 40th to 45th Avenue; City Project 0602; and WHEREAS, MnDOT has designated the improvements as SP 0205-94 and SAP 113-010-014; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, MnDOT has secured funding in the amount of $594,000 for the project and has prepared Municipal Agreement Number 92807 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway system. City Council Minutes Monday, August 11, 2008 Page 3 of 18 BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 92807 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the reconstruction of the University Service Drive from 40~'to 45'h Avenues and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 47 within the corporate City limits under State Projects No. 0205-94 and No. 113-010- 014 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. G. Evaluation of a dedicated left turn lane on 49th Avenue from Fillmore Street to Johnson Street. Fehst indicated this is a request for a study only, as petitioned by a resident of the area. Motion to direct staff to request Anoka County Highway Department to conduct a traffic study on 49th Avenue between Fillmore Street and Johnson Street, with an evaluation of a left turn lane in this segment boundary. H. A_nprove evaluation for water turn offs and ons Motion to establish the following fees for service for water turn ons and turn offs: 1. $50.00 fee for meter disconnect or reconnect. 2. $25.00 fee for a no show to turn on or meter reconnect appointment. I. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for August 11, 2008 J. .Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 11, 2008 as presented. K. Approve payment of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 126806 through Check Number 126974 in the amount of $12,368,203.40 Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A, Adoat Resolution 2008-163, 4513-15 Taylor Street N.E. being a declaration of nuisance and abatement of violations within the Cit~of Columbia Hei hg_ts. Hansen indicated that he met with the property owner at the site. City staff indicated they would snake a proposal to the City Attorney regarding these two city lots (of about 160 feet). The agreement would allow cooperation and splitting of responsibilities. The best solution would be to cover over the wall and create a slope of the retaining wall area, allowing a one year extension to complete the project. Nawrocki asked what would be done and who would be responsible. Hansen stated that the city would bring in fill and that the property owner would be responsible for the restoration. We did not feel responsible to remove the wall and stumps. This would create City Council Minutes Monday, August ll, 2008 Page 4 of 18 a slope. This would also allow the owner time to move the sheds, for our availability to bring in the appropriate fill, and allow him time to get suitable top soils for seeding. Jim Hoeft, City Attorney, suggested closing the public hearing and a vote to take no action at this time, allowing this to be revisit at a later time. Peterson. asked if the owner understood his responsibility in this agreement. The owner indicated that he did. Motion by Williams, second by Kelzenberg, to close the public hearing. Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Williams, to take no action on Resolution 2008-163, 4513- 15 Taylor Street N.E. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Adopt Resolutions 2008-171, 4152 Cleveland Street N.E., 2008-172, 5045 Johnson Street N.E. 2008-173, 1355-57 Circle Terrace Blvd. N.E. and 2008-174, 1337-39 Circle Terrace Blvd. N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Resolutions may be found at the end of this document. Fire Chief Gary Gorman indicated the property violations: Resolution 2008-171, 4152 Cleveland Street N.E., the house is in foreclosure - it is a new house under construction. Resolution 2008-172, 5045 Johnson Street N.E., needs repair of the lower overhead garage panel. Resolution 2008-173, 1355-57 Circle Terrace Blvd. N.E, -the property was unsecured. There was an immediate abatement to secure the building. Resolution 2008-174, 1337-39 Circle Terrace Blvd. N.E., -there was an immediate abatement to secure a garage service door. Williams referred to how long the property owner on Cleveland was given to complete the home and now it is in foreclosure. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-171, 172, 173, and 174, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers 2008-171, 172, 173, and 174 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. Adopt Resolutions 2008-175 4148-52 Tamer Street, 2008-176, 4610-12 Fillmore Street, 2008-177 1236-38 Circle Terrace Blvd 2008-178 3971 Johnson Street .2008-179 5036 Jackson Street, and 2008-180, 4515-17 Fillmore Street being Resolutions of the City Council of the City of Columbia Hei hg is aRprovin~ rental license revocation for failure to 10 City Council Minutes Monday, August 11, 2008 Page 5 of 18 meet the requirements of the Property. Maintenance Codes. Resolutions may be found at the end of this document. Gorman stated the revocations are for failure to meet rental license requirements. Resolution 2008-175, 4148-52 Tyler Street, failure to submit the application and schedule an application. Resolution 2008-176, 4610-12 Fillmore Street, interior repairs were required. Staff was not allowed in for a re-inspection. Outside violation are not complete. Resolution 2008-177, 1236-38 Circle Terrace Blvd., failure to submit the application and schedule an appointment. Resolution 2008-180, 4515-17 Fillmore Street, -the building has torn screens, broken glass, etc. There have been four other abatements at this property. The building is now vacant. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-175, 176, 177, and 180 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-175, 176, 177, 9, and 180 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(Aj of the rental licenses listed. Upon vote: All ayes. Motion carried. Nawrocki indicated that Circle Terrace was physically improved. He commended the Police Chief on the program in this area and the firefighters doing their part of the program. he can't wait for the program to be extended to other parts of town, specifically behind McDonalds. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adout Resolution No. 2008-182 being a Resolution approving the preliminary plat and the 1st reading of Ordinance No. 1552 being an Ordinance to vacation of a portion of Jackson Street for 825 - 41st Avenue. Jeff Sargent, City Planner, indicated this is the preliminary plat of the public safety facility. This will clean up the easements on the parcel and help with the vacation of a portion of Jackson Street that runs into the property. Nawrocki stated that Jackson is not a dead end street and asked if the access to 41St would be removed. Sargent stated it is not a platted right-of--way. Nawrocki stated that since the second addition to the old high school, there was access for the public. He asked if this was discussed with residents. Sargent stated a meeting was held on July 24th to discuss the vacation and platting process. Three residents were in attendance. There were no questions on the vacation. Nawrocki questioned if the vacation was described in layman's terms. Sargent indicated that this was also discussed and described at the Planning and Zoning Commission meeting. There were no concerns raised. Nawrocki again questioned if this was relayed in layman's terms. Sargent stated that it is his job to describe actions so 11 City Council Minutes Monday, August 11, 2008 Page 6 of 18 residents can understand them. Diehm stated that the access at Jackson is not changing and whether people have been trespassing in the past is not the issue at hand. Nawrocki stated that most people did not know they were trespassing and continued to elaborate his point that residents were not aware that a part of Jackson Street would be vacated. Nawrocki stated that he was not getting an answer to his question. Diehm stated that he did not get the answer he wanted. Sargent stated it was a driveway that would now go into the police parking lot. Nawrocki stated this was used as a thoroughfare, and is used every Sunday. He requested notification of the second reading to the people from Jefferson to 42"d. Peterson stated that it is already a dead end street. Nawrocki reiterated his point and stated that there have not been "no trespassing" signs placed there. Harold Hoium, 4300 3~d Street, asked where the snow would be placed from the dead end street. Peterson stated that the PW department would take care of that. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2008-182,. there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-182, approving the preliminary plat, subject to the 19 stated conditions as approved by the Planning Commission. Motion to amend by Nawrocki to inform residents along Jackson Street south of 42°d of the second reading of the ordinance that Jackson Street would be cut off. Peterson called for a second to the amendment. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1552, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance No. 1552, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Nawrocki renewed his Motion to amend to inform residents along Jackson Street south of 42°a of the second reading of the ordinance that Jackson Street would be cut off. Nawrocki pointed out the incorrect naive of Pratt Ordway in the resolution. Hoeft stated the error would be corrected. Peterson called for a second to the motion. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. 12 City Council Minutes Monday, August i 1, 2008 Page 7 of 18 2. lst Reading of Ordinance 1553, being a ZoningLAmendment as it relates to D n~amic LED Si ng aye. Sargent stated this ordinance regulates signs capable of changing electronically. The intent is to help economic vitality by allowing use of the signs, but restrict them to keep them aesthetically pleasing. They would be allowed in commercial districts by a conditional use permit. Religious organizations and schools could use these signs. Electronic signs could only change once every 10 minutes in commercial areas and once every 30 minutes in residential areas. They would have to be part of a monument sign. Diehm stated the P&Z vote was a 3-2 vote and asked what their concerns were. Sargent stated that two commissioners felt this is against what we want our community to be. It was explained where they could be located and the brightness would be regulated. Diehm indicated that initially she was opposed to allowing electronic signs, but researched them and spoke to business owners and other communities. This ordinance is very conservative. The signs could also be used to flash helpful information in an emergency. Sargent gave a comparison to regulations in 13 other "metro old communities". Nawrocki questioned what regulations the City of Fridley has. Sargent indicated he could include that information at the second reading. Sargent indicated that our central business district no longer allows pylon signs. Dwayne Morrell, 4212 Reservoir Boulevard, asked why are we generating this change. Peterson stated it is to address the current technology, assist businesses, and make it is safer and easier to change signs. Morrell asked if the NE State Bank would have to change their electronic sign. Nawrocki stated no, as that was an approved sign. Diehm asked if the new time restrictions could be enforced. Hoeft stated that the sign does not have to be changed, but the time requirements must be followed. Donna Schmidt, 4260 Tyler Street, asked why they would have to conform when they are grandfathered in. Hoeft stated that they can continue to exist, but the duration of the message on the sign would have to change. Deb Johnson, 4626 Pierce, stated it would be a shame to require the bank to change as they advertise many community events. Diehm indicated they can display time and temperature. Hoeft referred to the public safety concern, as this is a distraction to drivers. Diehm stated the initial concern was Central Avenue having distracting, scrolling signs. Nawrocki questioned dynamic versus variable signs. Sargent referred to the design guidelines definition of variable electronic signs indicating the scrolling feature versus time length between changes. Nawrocki questioned the theater sign. Sargent stated that is defined as a marquee sign and is allowed. Nawrocki questioned the limitation to monument signs. Sargent stated that monument signs can be no more than 40 sq. ft. and no more that 50 percent of the monument sign can be electronic. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1553, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 13 City Council Minutes Monday, August 11, 2008 Page 8 of 18 Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1553, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3. 1st Reading of Ordinance 1554 being a Zoning_Amendment as it Relates Garage Sales. Sargent referred to concerns regarding the number of garage sales allowed and the difficulty enforcing the current ordinance of twelve days per year. After researching what other cities do, the proposal is to limit garage sales to two per year, three days in length. Enforcement would be on a complaint basis. The number of events would be easier to track and enforce than the number of days per year. Harold Hoium stated that most people in the community want this ordinance thrown out. Garage sales allow people to clean out their property. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1554, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance No. 1554, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 4. 1st Reading of Ordinance 1555 bein~a Zoning Amendment as it Relates to Real Estate Signs• Sargent stated that complaints were received regarding the size of real estate signs. The current code is ambiguous concerning these signs. Staff proposes the number of residential real estate signs be limited to one, with two allowed on a corner lot. Nawrocki questioned the size restrictions, which Sargent explained. Diehm indicated that earlier this year a resident addressed the Council on this issue. This is an example of addressing resident concerns. It is a good change. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1555, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to establish the second reading of Ordinance No. 1555, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 5. 1st Reading of Ordinance 1556 being_a Zoning Amendment as it Relates to Governmental Temporary Signs. Sargent stated this is relative to city-wide events and functions. Currently, they are restricted by temporary sign guidelines of no more than four per year. This would now allow signs to be displayed for city events. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1556, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1556, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council 14 City Council Minutes Monday, August 11, 2008 Page 9 of 18 Chambers. Upon vote: All ayes. Motion carried. 6. 1st Reading of Ordinance 1551 being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions Hoeft stated that previously the City Council created the separate positions of city clerk and city treasurer. The Charter references the position and required modification as a housekeeping measure to be brought in line with the Council action. The Charter Commission has reviewed and recommended these changes. Nawrocki questioned the next agenda item. Hoeft stated the second item is for the same purpose in the City Code. Modifications were completed by the administration staff. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1551, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to establish the second reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, for Monday, August 25, 2008 in the City Council Chambers, at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. 7. 1st Reading of Ordinance 1535 being an Ordinance relating, to General Provision Definitions. Hoeft indicated this review was completed by the city clerk. Motion by Diehm, second by Williams to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, for Monday, August 25, 2008 in the City Council Chambers, at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. B. Bid Considerations Resolution 2008-181 acc~tin~ bids and awarding contract for University Avenue Service Drive Hanson requested to table this item to the City Council meeting of August 25, 2008. Motion by Williams, second by Diehm, to table Resolution 2008-181, accepting bids and awarding contract for University Avenue Service Drive, to August 25, 2008. Upon vote: All ayes. Motion carried. Nawrocki questioned if the bids were received. Fehst stated that we have the bids, but they must receive State approval. They are good bids and are under the assessed amount. C. Other Business ADMI1~iISTRATIVE REPORTS Report of the City Manager • Phase I excavation bids for the public safety building earth work, retaining wall, erosion, etc. 15 City Council Minutes Monday, August 11, 2008 Page 10 of 18 will be opened tomorrow. • The gym contractor continues to work. Weekly meetings are held. • Council has referred to the possible purchase of a home on Gould Avenue and Pierce Street. Residents would like to see the City purchase the deteriorated homes in the area. That would require a huge investment and being in the landlord business. We need to discuss how to deal with defaulting and foreclosed homes, including those on Circle Terrace. We considered buying one property for a possible safe home, like a mini substation. Fehst requested suggestions be given to staff. A manhole cover collapsed between 43rd and 44t" on Central, which we will repair. Nawrocki requested the budget be discussed. Fehst referred to levy limits and exclusions allowed for the public safety facility. The increase would be five to six percent. Nawrocki stated the maximum levy must be to the County by September 15. Fehst stated it would be presented to Council by the end of August. Nawrocki referred to the dismal forecast by the Finance Director in the green sheet. Nawrocki stated this does not take into account the HRA levy and the County HRA levy. Increases could be in the double digits. He does not agree with setting the maximum limit. We must prioritize what is proposed and keep within our citizen's ability to pay. Peterson requested to receive the budget information as soon as possible. Report of the City Attorney -nothing to report. CITIZENS FORUM Hoium questioned the status of the certain homes and weeds along University from 40t" to 44t". Bus stops should have longer stop lanes. Indicated concern of weeds at Jefferson & 39t" and St" and 37t" Now that there is a charge to pick up appliances, garages are now full of them. Requested a time study to cut the budget. Dwayne Morrell indicated landscaping concerns at the new liquor stores. Fehst agreed and requested Morrell contact our Public Works Department with his suggestions. Donna Schmidt, 4260 Tyler Street, indicated the concern of Immaculate Conception's Principal regarding traffic at the public safety facility and their request to increase the height of their fence. Fehst stated the intention is for traffic to exit on 41St and indicated staff could meet with them. Schmidt stated that the Fridley Conservation Commission makes money recycling televisions and electronics and requested we find out if we could also do so. Fehst stated they have individual contractors. Our costs are programmed in to keep the overall cost down. Schmidt stated that Best Buy takes electronics for free. Schmidt questioned commercial property inspections. Fehst stated that we recently adopted a commercial inspection portion of the City Code. The Fire Department follows up on complaints received. Schmidt indicated her pleasure with the Special Task Force's juvenile curfew enforcement. COUNCIL CORNER Kelzenberg • Hope everyone had a good time at the National Night Out parties. • The SAGA charity softball game went in to extra innings. The Police/Fire team won over the Post Office team. The Police/Fire team lost to the Girls Fastpitch team. Williams 16 City Council Minutes Monday, August 11, 2008 Page 11 of 18 • Very moved by the story of the young lady saving the man's live. • Did not attend National Night Out for medical reasons. • Good attendance at the SACA fundraiser. • Believe the police are doing a great job -officers respect the new Chief. • The Fire Department is also doing a great job. Believe only one to two percent of the people are causing the problems in our town. Diehm • Exciting to see the demolition of Taco Bell and the car wash • Commendation presentation is a great inspiration to the School District to continue offering CPR. • Absent from the last meeting to attend her stepdaughter's wedding in Europe. Inspirational to step back and look at other countries where some days there is no running water. Redevelopment would be overwhelming. Gave a great appreciation for the good work we do here. We may not always agree, but we all want to go down the right path. Nawrocki • Grass in the Huset Park development needs to be cut. • Recycling - a newspaper story indicated values are up 200- 300%. Look at what our hauler is reimbursing us on the cost of those materials. With TV's changing to HDTV's there is recyclable material in them. People are stripping catalytic converters out of cars for the value of the metal. • Last meeting regarding RIB S -great discussion. Shows importance to get information out to the residents. Don't wait until the last minute. Peterson • Last Thursday the MOONSHOE players gave a great and exciting performance. 32 youth participated. To manage and produce a play in such a professional manner is a tribute to our Recreation Department and coordinator Liz Bray. • Our nine youth that went on a student exchange to our Sister City in Poland will return on Wednesday. Hope to have them attend a Council meeting to tell us about it. • Don't forget our service men and women -our thoughts and prayers should be with them at all times • Requested Council members take another look at the Rules of Decorum that were distributed. Referred to our Values First program -this month is respect and self control. Use these for a model of behavior at our meetings. • Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned 9:36 p.m. Patricia Muscovitz CMC City Clerk/Council Secretary RESOLUTION 2008-170 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2008 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and 17 City Council Minutes Monday, August 11, 2008 Page 12 of 18 iVIIEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint the following qualified voters to be judges for the 2008 Primary and General election. Precinct 1-Murzyn Hall-530 Mill St. Faye Cleasby -Head Judge Darlene Bieljeski -Assistant Head Judge Dolores Strand Fran Jensen Wanda Heining James Cyson Robert Petty Joyce Shellito Sandy Engquist Jeanne Andrychowicz Ardy Bircher Shanna Schmitt Precinct 2-Immaculate Conception-4030 Jackson St. Clara Shattuck -Head Judge JoAnn Kewatt -Assistant Head Judge Mark Emme Jacque Block Bradley Schmitt Carol Wiles Dennis Otremba Gretchen Gallagher Weinstein Bev Holub Michael McGee Darcy Tils Precinct 3 -Parkview Villa-965 400' Avenue Muriel Nichols -Head Judge Charles Helland -Assistant Head Judge Delores Jacobsen Jacqueline Niznik Lorraine Milisheski Georgene Baker Marna Gomez Jeani Cox Dolores Fowler Dennis O'Connell Ralph Human Joan Kinde -Head Judge Joanne Nelson- Assistant Head Judge Nancy French Irene Ricci Richard Meixner Lorrie Nalezny Marion Bernard Clara Schmidt Ellen Lutz Marie Peterson Marian Luke Precinct 6-Highland Elem. School-1500 49th Ave Stephen Iserman -Head Judge Aurora Johnston -Assistant Head Judge LaVonne Seim Delores Marquette Kay Mayer Eva Pelton Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Phyllis Colombo Catherine Vesley Precinct 7-Valley View Elem School-800 49th Ave Ann Kronstedt -Head Judge Joan Fuhrman -Assistant Head Judge Kathryn Morales James Hutchinson Patricia Tollefson Carolyn Hampton Kay Handley Mary Swanson Barb Nundahl John LVachuska Janelle Nero Richelle Ar•chambault Precinct 4-HiShland Elem School-1500 49th Avenue Marsha Stroik -Head Judge Joel Andrychowicz- Assistant Head Judge Shirley Browning Desli Krech Weslie Green Betty Krahl Sara Surbrook Soundra Burgoyne Charles Kewatt Nancy Leong Karen Davenport Precinct 5-First Lutheran Church-1555 40th Ave Precinct 8-Valley View Elem School-800 49th Ave Stephen Emme- Head Judge Dick Corbett -Assistant Head Judge Irene Sunt Mary Dowdle Marvin Helm Dorothy Penate Jenna Fish Carol Geier Sue Murzyn Laurel Best Michelle Ferreira Fatuma Elmi Jessica Letourneau NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, by precinct, for the Primary Election on September 9 2008 and the General Elections on November 4, 2008, with an hourly remuneration of $11.00 for Head Judge, $10.75 for Assistant Head Judge, and $10.50 for an Election Judge. The City Clerk may designate emergency judges, as necessary. RESOLUTION 2008-171 18 City Council Minutes Monday, August 11, 2008 Page 13 of 18 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 properly owned by Access Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4152 Cleveland 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 contained herein was sent via regular mail to the owner of record on July 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 18, 2008 an inspection was conducted on the properly listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on July 24, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 30, 2008 inspectors re-inspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4152 Cleveland 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 1. The property located at 4152 Cleveland 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 2008-172 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 James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson 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 contained herein was sent via regular mail to the owner of record on July 10, 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 29, 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 July 10, 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 19 City Council Minutes Monday, August 11, 2008 Page 14 of 18 the property records. 3. That on August 1, 2008 inspectors re-inspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the lower overhead garage door panel. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5045 Johnson 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, 1. The property located at 5045 Johnson 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 2008-173 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that the building was unsecured. Inspectors verified that the structure was vacant and contacted the city's contractor to board the open window up. 2. That on July 29, 2008 the Fire Department was contacted by DuAll Services whom stated that window had been boarded. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous structure located at 1355-57 Circle Terrace Boulevard N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1355-57 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1355-57 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 20 City Council Minutes Monday, August 11, 2008 Page 15 of 18 RESOLUTION 2008-174 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 Deutsch Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1337-37 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that a building on the property was unsecured. Inspectors verified that the structure was vacant and contacted the city's contractor to board the open window up. 2. That on July 29, 2008 the Fire Department was contacted by DuAll Services whom stated that window had been boarded. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous structure located at 1337-39 Circle Terrace Boulevard N.E. 4. 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 1337-39 Circle Terrace Blvd. N.E, is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1337-39 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-175 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 Donna Frank (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4148-52 Tyler 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 July 17, 2008 of an public hearing to be held on August 11, 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 July 17, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 17, 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. 21 City Council Minutes Monday, August 11, 2008 Page 16 of 18 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter. SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4148 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-176 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 Mohsen I. Dessouki (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4610-12 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 16, 2008 of an public hearing to be held on August 11, 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 2, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 16, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seven 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 31, 2008 inspectors for the City of Columbia Heights performed a re-inspection and noted that five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall repair the wood fence that. is missing the wood slates, shall replace the broken window on the east side of the garage, shall install the proper piping on the hot water relief valve. The relief valve discharge must be extended to within 18 inches of the floor, shall repair the loose light fixture in the basement at the bottom of the stairway, shall have aprofessional/licensed electrician repair the electrical box in the basement. Shall ensure a electrical wiring is installed so that it meets code. Romex cable exposed, exposed bare wires. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8981 is hereby revoked. 2. The City will. post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-177 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 Abdi Jama (Hereinafter "License Holder"). 22 City Council Minutes Monday, August 11, 2008 Page 17 of 18 Whereas, license holder is the legal owner of the real property located at 1236-38 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 July 22, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 15, 2008 inspection office staff sent a letter requesting the owner of the property to renew the rental license family exemption for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 31, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed and no family exemption paperwork had been submitted. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit rental license fees and an application, and failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE8295B is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLiJTION 2008-180 • 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 Juan Roddy (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real properly located at 4515-17 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 22, 2008 of an public hearing to be held on August 11, 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 June 13, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 22, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 30, 2008 inspectors for the City of Columbia Heights performed a re-inspection and noted that three 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 repair all/any torn screens on the house, shall repair the garage door that was hit by a car, shall repair the front door glass that is broken. 23 City Council Minutes Monday, August 11, 2008 Page 18 of 18 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8574 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 24 APPROVED August 6, 2008 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES July 1, 2008 The meeting was called to order by Chair, Barbara Miller at 7:08 p.m. Members present were, Barbara Miller, Catherine Vesley, Patricia Sowada, and Lynette Thomson. Also present: Becky Loader, Stacey Hendren, and City Council Representative Bruce Kelzenberg. Not Present: Nancy Hoium. The minutes of the June 3, 2008, Board meeting were approved as mailed. The bill list dated 6/23/08 was reviewed. It was moved, seconded and passed that the bills be paid. The accounting dated 7/1/08 was reviewed. Discussion followed concerning the proposed merger of the Anoka County and Anoka County Library IS Departments. Old Business: 1. Loader has received two resignations this past month. Lynn Tollefson, Library Supervisor, had her last day June 30t". Teri Olberding, Library Page, has received a full time job and will have her last day July 2na Teri will possibly be staying on as a sub, or on the Saturday schedule in the fall. 2. Due to weather concerns the Library did not participate in the Columbia Heights Jamboree Parade. The Board would like to thank and recognize all those that helped make the float and prepare for the parade. New Business: 1. The Data Privacy of Library Record draft policy was discussed. The draft policy contains the current State Statute. It was moved, seconded and passed that the draft policy be accepted. 2. There was an error in the agenda and the Public Service Policy has already been accepted by the Library Board as of February 12, 2008. The official policy was signed by Chair Barbara Miller. 3. It was moved, seconded and passed that the funds transfer from 2025 to 2011 be made. 4. The Board reviewed the May crossover statistics and noted the gate count and rate of crossover with Minneapolis residents. 5. The Library has filed concerning the bankruptcy of Sabine, INC., Loader has completed the necessary paperwork. 6. In a recent storm the Library's tree split down the middle. Loader has been in contact with Public Works, It has been recommended to wait until the end of the summer to see if the tree heals itself, then to reevaluate. Loader noted that the fallen tree branch did not hit the roof or cause any damage to the building. 25 7. The Library is now hosting a Community Service Officer 2 days of the week for 2-hour shifts. In the event of an emergency the officer may be called to assist elsewhere during the scheduled times. Loader and Police Chief Nadeau have been in contact about the role of this officer. 8. The draft of the 2009 budget was distributed to Board members. Loader stated that the ILS is contained in multiple line items including 2011 Computer Equipment, 2025 ACS Supplies, 3050 Expert & Professional Services, and 3250 Other Communications. Line Item 8100 includes the difference in the cost of the current ILS and the projected costs if the Anoka County Library IS Merger is approved. There is a large increase in the 2009 budget from the 2008 budget due to the ILS changes and salary increases. Discussion followed concerning the local levy, and the role of the County ILS and City IS departments in the proposed merger. Items from the Floor: 1. Loader attended the recent groundbreaking at Columbia Heights High School for new gyms. The expected completion date is March 2009. Discussion followed concerning recent statistics of the poverty level and standardized test scores in Columbia Heights schools. Loader alerted the Board that Mary Busman from the Columbia Heights Schools will be coming to the September Board meeting to talk about the CAPP program. There being no further business, the meeting was adjourned at 7:56 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights se~°vices, programs, and activities. 2 26 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 6, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of July 1, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0801 APPLICANT: Buetow & Assoc. LOCATION: 825 419' Avenue REQUEST: Preliminary Plat Approval, Vacation of Jackson St. right of way, and Site Plan Approval INTRODUCTION Sargent explained that at this time, the City of Columbia Heights is requesting three approvals in conjunction with the construction of a public safety facility located at 825 - 41St Avenue. They are as follows: 1. A Preliminary Plat approval. 2. The vacation of a portion of the Jackson Street right-of--way. 3. A Site Plan Approval. In early 2008, the City Council explored many options in locating the new public safety building and it was determined this site which was purchased by the City of Columbia Heights for future redevelopment opportunities, meets all the logistical criteria for the new public safety building. On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. BACKGROUND The necessity for a new public safety building is based on lack of space and poor building conditions of the current police and fire stations. Sargent reviewed the list of deficiencies of the current facility with the members. The City Council has hired Buetow and Associates to help design the new building. Randy Engel, the Principal-in-Charge architect with the firm, has received input to address all the concerns of the current public safety facility. Mr. Engel and his team have designed a building that meets today's standards for a functional and civilian-friendly facility. City staff also held a neighborhood meeting that took place on July 24, 2008, to help address some concerns that neighboring property owners may have regarding this project. 27 PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 6, 2008 A common concern from the neighboring property owners is the amount of noise that will be generated from the police and fire vehicles leaving the site. The Police and Fire Departments are aware that the new building will be located in the middle of a residential area, and will do everything they can to reduce the amount of noise generated from the emergency vehicles. Because of the building's proximity to Central Avenue, and the fact that Central Avenue is one of the main arterials of the city, most of the emergency vehicle traffic will be directed to Central Avenue first, away from the residential properties to the west. Sargent reviewed routes the emergency vehicles would use on overhead maps. COMPREHENSIVE PLAN Promoting the health, safety and general welfare of the public is a goal of the Comprehensive Plan. By constructing a new public safety building, the city will be able to provide better and more efficient police and fire services to Columbia Heights. For this reason, the proposal is consistent with the Comprehensive Plan. ZONING ORDINANCE On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. The surrounding area is all residentially zoned, with Medium Density classifications to the south and east, and One and Two Family classifications to the north and west. Preliminary Plat The city has decided to plat the current property to make it easier to record the new necessary drainage and utility easements. The existing drainage and utility easements will be vacated through quitclaim deeds prior to the approval of the final plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section of right-of--way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. Site Plan Approval Randy Engel and David Olds from Buetow and Associates spent a considerable amount of time designing a building that is functional and located in the best place in relation to the existing topographic grades and the best access to the major thoroughfares in the city. The final design places the building on the south end of the property, adjacent to, and facing 41St Avenue. BUILDING DESIGN. The 43,000 square foot public safety building design utilizes a traditional approach, with the entire of the building constructed of brick, stone and glass. -The Police Station area of the building ranges from 14 feet to 21 feet in height, while the majority of the Fire Station will be 28-32 feet in height. The bell tower is the highest portion of the building, with the edge of the masonry at 39 feet in height. PARKING. The 43,000 square foot public safety building has approximately 12,500 square feet of office space and also incorporates a 1,400 square foot Emergency Operations Center (EOC). The City Code requires one parking stall for each 300 square feet of office space and one parking stall for every 3.5 seats in an assembly place, based on design capacity. In total, the public safety building requires 42 parking spaces for the office component and 27 parking stalls for the EOC, based on a maximum seating capacity 28 PLANNING & ZONING COMMISSION MINUTES PAGE 3 AUGUST 6, 2008 of 94 people. In total, 69 on-site parking stalls are required. The site design includes 113 surface parking stalls with additional enclosed parking stalls used for the emergency vehicles. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 825 - 41St Avenue has approximately 1,008 feet of street frontage along 41St and 42"d Avenues and Jackson Street, and incorporates 113 surface parking stalls. This requires twenty regular trees and six over-story trees. The proposed plans indicate a total of 79 trees, all of which are over-story trees, meeting the City's minimum requirements. One of the main efforts in the landscaping design was to place trees and shrubs in a manner that would help screen the building from adjacent residential views. A City Code requirement is to screen the parking lot area from adjacent residential properties with a screening mechanism that provides an 80% opaque screen on a year-round basis. There are two parking areas adjacent to residential properties. The eastern property line abuts a townhouse development, however the parking lot area will site approximately 10 feet above the abutting grade. This land will be retained by a wall, which will provide the necessary screening. The western property line abuts several single-family homes. The landscape plans indicate the use of a decorative, 4-foot wrought iron fence with a mix of deciduous and coniferous trees to provide screening. However, in order to maintain 80% opacity, some of the deciduous trees will be replaced with conifers along those sections directly adjacent to the residential homes. FINDINGS OF FACT Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of §9.115. Code Section 9.115 is the Subdivision Regulations. The preliminary plat application meets all the requirements outlined in this section. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed preliminary plat is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The preliminary plat includes a vacated section of the Jackson Street right-of--way in an attempt to promote good planning design principles. The vacation of the right-of--way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. The City Engineer has reviewed the preliminary plat and has approved the proposed easements throughout. 29 PLANNING & ZONING COMMISSION MINUTES PAGE 4 AUGUST 6, 2008 Vacation Section 9.104 (I) of the Columbia Heights zoning code requires that the City Council make each of the following findings before vacating a street, or other public alley or right-of--way: 1. No private rights will be injured or endangered as a result of the vacation. The entire portion of the Jackson Street right-of--way to be vacated is bounded by the property located at 825 - 41S` Avenue. The vacation of the right-of--way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. 2. The public will not suffer loss or inconvenience as a result of the vacation. The previous use of the proposed right-of--way to be vacated was as an access into the NEI School's parking lot. The proposed use of this land is also a driveway to gain entry into the public service building property. For this reason, the public will not suffer any loss or inconvenience as a resZ~lt of the proposed vacation. Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The site plan meets all the requirements for setbacks, on-site parking stalls, landscaping and storm water management, and conforms to all other applicable requirements of the code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this section of the city. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The building and related parking lot meets all the required setbacks as established in the zoning code. Ample screening from adjacent residential views has also been incorporated to ensure that there will be no adverse impacts on the property irr the immediate vicinity and public right-of--way. Staff recommends approval of the Preliminary Plat, the vacation of the right of way, and approval of the Site Plan. Questions from Members: Peterson asked where Fire Trucks would exit from the building. Sargent explained the trucks will drive along side the building and enter from the rear and they will exit from the front onto 41St Avenue. They will no longer be backing in vehicles as it has been done at the present location. 30 PLANNING & ZONING COMMISSION MINUTES PAGE 5 AUGUST 6, 2008 Schmitt asked if the emergency vehicles had to use their lights and sirens when leaving the building. Gary Gorman, Fire Chief, stated it is a State Law that they do have to use lights and sirens when responding to a call for liability reasons. They wouldn't be used when leaving for non-emergency calls. She then asked how often the Fire Dept. responds to calls at night. Gorman said that varies, but an average would be about 2 a night. Most often it is just one vehicle going out for a medical call. Schmitt then asked why some of the bedrooms shown on the drawings didn't have windows, since she thought it is mandatory. The architect stated that these are not the final plans. They were supplemental plans to give the members an idea of the building layout potential. The approval tonight is only for the Site Plan, not the building plan approval. Fiorendino wanted details on the screening that would be used next to the residential areas. Sargent explained it would be a mixture of trees and/or fencing. Staff thought greenery would look better than just fencing. Whatever the plan, it will be 80% opaque. He said the trees would be at least 6 ft. tall along the alleyway and that Birch trees would be used around the retention pond area. Thompson liked the building design. He questioned the thickness of the concrete being used on the driveway areas. He noted that some of the areas didn't have the heavy-duty concrete design. The Architect stated that since this plan was submitted they have corrected that so all driveway areas will be a heavy duty design. The Architect also reviewed the parking areas for the building and noted areas that could be used for additional parking, if needed. Thompson asked if the noise ordinance applies whereby the decibel rating must be below a certain level. Gorman stated that only applies to commercial structures, not to Fire and Police services. PUBLIC HEARING OPENED Steve Smith of 3813 Lincoln St was present as a member of Immaculate Conception Church. He asked if 41St Avenue was designed to handle the weight of the trucks. He was told the streets are designed to handle the Fire Trucks, and emergency vehicles are exempt from the spring weight limits. The Engineering Dept. has been involved in the planning process and does not have concerns with the construction of the street. Smith also expressed concern with people driving the wrong way on Jackson St. It happens frequently now and he expects that to increase with people trying to access a public building. Szurek agreed Jackson St. needs to be better marked for church members, residents, and people accessing the Police and Fire Facility. She suggested making the signs larger or adding flashers when emergency vehicles would be in use. Schmitt suggested possibly adding a stop light at 40th and Jackson St. that would utilize the white flashing light notifying drivers of an emergency vehicle approaching. Gary Peterson suggested these items go to the traffic commission for a recommendation on how to handle these concerns. Peterson asked the Architect if any type of warning light is being considered at this time. The Architect stated it has not been addressed, but it is a policy issue, not an architectural issue. Gorman stated that it has not been needed at the present location, and he doesn't see it as a problem for the new site. It is common practice for the trucks to pull out slowly, shut the door, and then to proceed. PUBLIC HEARING CLOSED: 31 PLANNING & ZONING COMMISSION MINUTES PAGE 6 AUGUST 6, 2008 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle hacking pads, as indicated on the plan. The Planning Commission recommends limiting construction site access to 41S` Avenue and prohibiting construction access from Jackson off of 42"d Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco 's or equivalent shall be provided on 41 S` Avenue. 7. All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11. An NPDES permit will be required, at the time of construction. Additional erosion control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin - all parking lot runoff should be presettled - CB 5, 6, and 7 should have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 14. The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16.Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18.A11 utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. All ayes. Motion Passed. The following Resolution will go to the City Council August 11, 2008. 32 PLANNING & ZONING COMMISSION MINUTES PAGE 7 AUGUST 6, 2008 RESOLUTION N0.2008-XXX RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION FOR 825 41ST AVE NE WHEREAS, a proposal (Case No. 2008-0801) has been submitted by the City of Columbia Heights requesting a Preliminary Plat for a parcel of land at the following location: ADDRESS: 825 - 415` Avenue NE EXISTING LEGAL DESCRIPTION: Lot 1, Block 1, Northwestern 2"d Addition PROPOSED LEGAL DESCRIPTION: Columbia Heights Public Safety Center First Addition. THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION. WHEREAS, the City Council. has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 6, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed preliminary plat conforms to the requirements of §9.115. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. The Planning Commission recommends limiting construction site access to 41ST Avenue and prohibiting construction access from Jackson off of 42"a Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of turf areas in the Public Right-of--Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on 41St Avenue. 7. All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11. An NPDES permit will be required, at the tune of construction. Additional erosion control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin -all parking lot runoff should be presettled - CB 5, 6, and 7 should have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 33 PLANNING & ZONING COMMISSION MINUTES PAGE 8 AUGUST 6, 2008 14. The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends approval of the requested vacation of the Jackson St Right of Way as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. All ayes. Motion Passed. The following Ordinance will go to the City Council August 11, 2008. DRAFT ORDINANCE NO. h:XXX BEING AN ORDINANCE VACATING A PORTION OF THE JACKSON STREET RIGHT-OF-WAY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Jackson Street N.E., lying within the plat of NORTHWESTERN 2ND ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest corner of Lot 1, Block 1, Northwestern 2"d Addition, Anoka County, Minnesota; thence North 00 degrees 02 minutes 27 seconds East, along the Westerly line of said Lot 1, a distance of 359.87 feet; thence South 89 degrees 36 minutes 35 seconds East, along the Northerly line of said Lot 1, a distance of 129.01 feet to the westerly right of way line of Jackson Street N.E., and the point of beginning of the line to be described; thence continuing South 89 degrees 36 minutes 35 seconds East a distance of 60.00 feet to the easterly right of way line of said Jackson Street N.E. and there terminating. Section 2: The vacation of the right-of--way described above shall be subject to the following condition: [None at this point] Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. Motion by Fiorendino, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ14, there being ample copies available to the public. All ayes. Motion Passed. Motion by Fiorendino, seconded by Peterson, to adopt Resolution No. 2008-PZ14, being a resolution approving a site plan for the City of Columbia Heights Public Safety Building located at 825 - 41 S` Avenue. All ayes. Motion Passed. 34 PLANNING & ZONING COMMISSION MINUTES PAGE 9 AUGUST 6, 2008 RESOLUTION N0.2008-PZ14 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW PUBLIC SAFETY BUILDING LOCATED AT 825 - 41sT AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0801) has been submitted by the City of Columbia Heights to the Planning & Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 825 - 41St Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Northwestern 2°a Addition THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new public safety building located at 825 - 41St Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 6, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this pennit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one L) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 6th day of August 2008, Offered by: Fiorendino Seconded by: Peterson Roll Call: All Ayes Attest: SECRETARY, Shelley Hanson CHAIR Marlaine Szurek 35 PLANNING & ZONING COMMISSION MINUTES PAGE 10 AUGUST 6, 2008 CASE NUMBER: 2008-0802 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage INTRODUCTION On multiple occasions business owners have approached the City asking for permission to incorporate LED and dynamic signage to promote their businesses. The current Sign Code and Design Guidelines specifically prohibit the use of variable electronic message signs, and a code amendment would be required before these businesses could be allowed to use this signage. Much research on dynamic signage has been done, and many other cities have recently amended their ordinance to regulate electronic signs. A report was enclosed in the packet that included the City of Columbia Heights' standards regarding dynamic signage, and the different types of dynamic signs available. At this time, staff recommends amending the sign code in order to address and control LED and dynamic signage, in an effort to promote the economic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGE? "LED" stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, Inc. for the City of Minnetonka, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Time and Temperature signs. Figure 1 is an example of some proposed sign standards used by the City of Bloomington, and shows the difference between the above-listed signs. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 36 PLANNING & ZONING COMMISSION MINUTES PAGE 11 AUGUST 6, 2008 ZONING ORDINANCE Section 9.106 (P)(6)(e - f), Prohibited Signs, lists "an animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof' and "a flashing sign, including indoor flashing, electronic signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City of Columbia Heights. The Design Guidelines state, "Variable electronic message signs are not permitted, with the exception of existing time/temperature signs". The zoning code and Design Guidelines would have to be amended to help regulate the use of dynamic signage throughout the city. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city and not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMIVVI)CNDATION Sargent explained the two options the Commission could choose. If the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed on such signage. 37 PLANNING & ZONING COMMISSION MINUTES PAGE 12 AUGUST 6, 2008 Recommended Regulations Include: • Allowing such signs only in the CBD, GB, MXD, and PO Districts. • Allowing high schools and religious institutions the use of such signs, regardless of the zoning district they are located in. • Prohibiting motion, animation and video electronic signs. • Restricting the time duration of message changing to no less than once every 10 minutes in non-residential zones and no less than once 30 minutes in residential zones. • Allowing electronic signs only as a component of a monument sign. • Limiting the electronic signs to occupy no more than 50% of a monument sign. • Requiring an automatic dimmer control. • Requiring electronic signs to be no less than 35 feet from other electronic signs. If the City Council chooses to prohibit electronic and dynamic signs, Staff recommends that the current City Code be amended in order to clarify that these types of signs are indeed prohibited. A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the tent. However, staff also recommends that gas station price signs be ezempt, and electronic signs may be allowed to display gas prices only, with no limitation to the number of times during the day in which the price may be changed. Questions by Members: Fiorendino asked why the duration for changing a message in a residential zone is set at 30 minutes when signs aren't permitted in residential zones. Sargent clarified that a dynamic sign could be used in a residential zone if the site is used as a school or church. He asked how it would increase the vitality or profitability of a business. Sargent said he has received quite a few requests over the years for this type of signage. Businesses can then advertise their specials and draw attention to their business. If this type of signage is allowed, we would need to keep some controls on the design and usage to snake sure they are aesthetically pleasing. He admitted it is a balancing act of sorts. Fiorendino didn't think this accomplishes what we've been trying to do with the sign regulations currently in place. He believes it will "junk up" the area, rather than clean it up as we've been trying to do. Schmitt agreed with Fiorendino. She doesn't think these types of signs belong on Central Ave. She stated they should be limited in size. Sargent told her the size is included in the Ordinance. They would have to be monument type signs with a maximum square footage of 40 sq. ft. and only 50% of that could be LED advertising. Szurek clarified that the messages could not be scrolling. The messages can change, but only once every 10 minutes for the Commercial zones. Sargent reviewed the standard in the Ordinance. He said this may prompt businesses to change from pylon signs to monument signs, and that it would probably reduce the number of temporary banners that are being used now. There are currently three businesses in town that utilize a LED sign. They are the Credit Union, NE Bank and Jeff-Bobby & Steve's. These businesses would need to comply with the standards of the new Ordinance and could only change their messages every 10 minutes. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 13 AUGUST 6, 2008 Public Hearing Opened: No one was present to speak on this issue, Public Hearing Closed: Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the proposed zoning amendment. Ayes: Thompson, Peterson, Szurek Nays: Schmitt and Fiorendino MOTION PASSED. The following Ordinance will go to the City Council for consideration August 11, 2008. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights manipulated through digital input, ~~digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect ~~°~~°~~'°„+ °^a~^" illumination, ~~°'~~~~~~° °~~"~~~~~„°+°a SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) minutes for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R 3, R-4 and LB zoning districts. Chapter 9, Article I, Section 9.106 (P) (6) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (6) Prohibited Signs, Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign, design preserves and maintains the community's unique historical and cultzaral elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically pi°ohibited: 39 PLANNING & ZONING COMMISSION MINUTES PAGE I4 AUGUST 6, 2008 (a p) [SECTIONS TO REMAIN UNCHANGED) (~ Variable electronic message signs Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of S00 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour afi'er sunrise. 40 PLANNING & ZONING COMMISSION MINUTES PAGE 15 AUGUST 6, 2008 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as anon-conforming sign subject to section 9.105 (E). Chapte~° 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (~8)(9) Signs in Residential Districts R-1, a~ R-2A, and R ZB. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs In the R-1, R 2A and R-2B Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the R-1, Single-Family Residential, and R-2A and R 2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (1T) of the zoning code. 2. All. signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(9) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 03}(10) Signs in Residential Districts R-3 and R-4. 41 PLANNING & ZONING COMMISSION MINUTES PAGE 16 AUGUST 6, 200& (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs In the R-3 and R-4 Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(10) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (-I8)(11) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the LB District, the followings signs shall require a Conditional Use Permit: 42 PLANNING & ZONING COMMISSION MINUTES PAGE 17 AUGUST 6, 2008 1. A Dynamic LED Sign used in conjunction with a commercial business. 2. A Dynamic LED Sign used in conjunction with a religious institution. 3. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (I~ of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106 (P)(11) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (-1-1(12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: [SECTION TO REMAIN UNCHANGED] 3-:2. One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 43. Any pyle~rer monument sign must be a minimum of five feet from any building or structure on the same lot. 43 PLANNING & ZONING COMMISSION MINUTES PAGE 18 AUGUST 6, 2008 3~4. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. ~5. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. ~:6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. ~:9. One wall sign per building with an are of the lesser of 20 square feet or '/Z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. , +~ a ~+ ~+~ + ~° °~ °+ +~° ~° ^~'+~° _ ==k~°"° °+° The maximum height of a monument sign, o .. including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (FI) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(12) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign rega~lations. (-1}(13) Signs in GB, General Business District. 44 PLANNING & ZONING COMMISSION MINUTES PAGE 19 AUGUST 6, 2008 (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the GB District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(13) of the Coh-mbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (x}(14) Signs in I-1 and I-2 Industl°ial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the I-l, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the I-1 and I-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (~ of the zoning code. 45 PLANNING & ZONING COMMISSION MINUTES PAGE 20 AUGUST 6, 2008 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P) (14) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (-I4)(1~ Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. Chapter 9, Article I, Section 9.106 (P)(1 S) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to ezceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not ezceed forty (40) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not ezceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not ezceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not ezceed eight (8) feet in height. 3. The sign number and area permitted by this section are considered maximum. These mazimums, or any portion thereof, which are not utilized by the owner or user of the property are non- transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. 46 PLANNING & ZONING COMMISSION MINUTES PAGE 21 AUGUST 6, 2008 (c) Conditional Use signs In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a govermnental facility. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (l~ of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. (-I3~(1'n Minimum yard requirements freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. CASE NUMBER: 2008-0803 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Garage Sales INTRODUCTION Based on complaints received by City Council, there is some concern regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized this is difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. An article has recently been written in the paper (attached), listing the number of garage sale events allowed in soiree cities. Staff conducted soiree research and found regulations for other cities not mentioned in the article. They are: 1. Edina: 1 per year 2. Minneapolis: 2 per year 3. Maplewood: 2 per year 4. St. Louis Park: 2 per year 5. Richfield: 3 per year 6. New Hope: 3 per year 7. Maple Grove: 4 per year 8. Bloomington: 4 per year 9. Crystal: 4 per year 47 PLANNING & ZONING COMMISSION MINUTES PAGE 22 AUGUST 6, 2008 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than two garage sales per property per calendar year, the city would be allowing activities normally conducted in residential neighborhoods, while ensuring that residents do not turn garage sale events into commercial activities. The ordinance change would also preserve the housing stock by making sure that neighborhoods remain uncluttered with constant garage sale traffic. ZONING ORDINANCE The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized this is difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. The proposed change would restrict the number of garage sales per calendar year to two. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city.and would ensure that activities conducted in residential neighborhoods are those normally found in such zoning districts. The amendment would also ensure that properties would not be able to turn garage sale events into commercially related activities. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend. of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular p~°operty. Staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. Questions from Members: Szurek asked if notices would be sent out to residents. Sargent said notices would only be sent if a complaint was received to inform the resident of the regulations in the Ordinance. 48 PLANNING & ZONING COMMISSION MINUTES PAGE 23 AUGUST 6, 2008 Schmitt asked if the definition should be expanded to include antique sales, yard sales, rummage sales, etc. Sargent answered he didn't think it was necessary since the intent of the Ordinance is clear and a general overall definition encompasses all the "sales" listed above. Fiorendino asked how staff arrived at " 2" sales. He thought it may be too limiting. Sargent explained that anything more would be disruptive to a neighborhood since they are seasonal and would be concentrated in a short amount of time Thompson thought it is too constrictive and that the City shouldn't be regulating this type of thing. Schmitt thought this Ordinance is more generous than the old one that used to be in place that only allowed 2 sales per year fora 2 day timeframe. Sargent stated that this matter was brought before the City Council and they were comfortable with the " 2" sales per year limit. PUBLIC HEARING OPENED: No one was present to speak on this_ PUBLIC HEARING CLOSED. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the proposed zoning amendment, requiring that no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. Ayes: Schmitt, Peterson, Szurek Nays: Thompson, Fiorendino. Motion Passed. The following Ordinance will go to the City Council August 11, 2008 DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (G) (1) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to ° ~^+~' ^~ " ~'°~~~ ^~ ^"°"°+'~" "°" ^°'°~ no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days at any residential location. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 49 PLANNING & ZO PAGE 24 AUGUST 6, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: v1NG COMMISSION MINUTES 2008-0804 City of Columbia Heights City Wide Zoning Amendment for Real Estate Signs INTRODUCTION Based on complaints received by the City Council, there is some concern regarding the number and size of residential real estate signs allowed in the City. Staff conducted a survey of the sizes of various real estate signs used by different real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. The first is at Section 9.106 (P)(5)(i), referring to signs in which the provisions of the code do not apply. It states as follows: (i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of 1 square foot of sign area for each 1,000 square feet. No such temporary on-site sign shall exceed 8 square feet nor remain past the date of termination of such offering. The second reference is at Section 9.106 (P)(5)(n), referring to signs in which the provisions of the code do not apply. It states as follows: (n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of 1 square foot of signs area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of more than 120, whichever is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than one residential real estate sign per property at a fifteen square foot limit, the residential housing stock will be protected from properties with large amounts of signage. 50 PLANNING & ZONING COMMISSION MINUTES PAGE 25 AUGUST 6, 2008 ZONING ORDINANCE The proposed ordinance amendment will affect all areas of the city. The proposed changes to the ordinance will help clarify what is allowed in each zoning district. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and is not for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the properly in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining and clarifying the sign code in relation to commercial and industrial real estate signage. uestions by Members: Peterson asked how the size limit of 15 sq. ft. was arrived at. Sargent explained he went out and measured the various signs used by realtors now. The size he is suggesting is one of the larger ones currently used and could be considered an Industry Standard. Schmitt asked why this only addresses signs in the yard. Sargent stated that was deliberate because there are instances when legal notices must be placed on the house itself, such as in the case of foreclosures or Sheriff's Sales. Thompson asked if this ordinance would allow action to be taken if signs were leaning over in a hazardous,. unsightly way. Sargent said that he could address those problems if the ordinance is in place. 51 PLANNING & ZONING COMMISSION MINUTES PAGE 26 AUGUST 6, 2008 Public Hearing Opened: No one was present for this matter_ Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. Motion Passed. The following Ordinance will go to the City Council August 11, 2008. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REAL ESTATE SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P) (5) (i)-(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) In residential districts, one temporary on-site, freestanding real estate signs advertising the sale, lease, or rental of the lot or premises upon which such signs are is situated, provided the „ ~_,,, „~„ °„ ., f_.. °°°r i nnn ° u,c ~t sign does not exceed siz (6) feet in height and fifteen (15) -' o - square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall °°°°°~' ° °°~~°r°-f °` „°- remain seven (7) days past the date of termination of such offering. (j) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such- sign is situated, provided the sign does not exceed six (6) feet in height and thirty-two (32) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven ('n days past the date of termination of such offering. (})(k) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. 52 PLANNING & ZONING COMMISSION MINUTES PAGE 27 AUGUST 6, 2008 (-l~(1) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of 2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited. to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (-p}(m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (-nr}(n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (mo(o) In commercial or industrial districts, one temporary on-site banner or pennant advertising the sale, '°~°° °r r°~+~' of the lots or premises on which such a banner or pemiant is situated, or one temporary on-site banner or pennant advertising the lease or rental of a tenant space, provided that tie-tet-al +~~ °+ ~° °+ ~~n a°= ''° °'°H °a the banner or pennant shall not exceed forty-eight (48) square feet in area when advertising the sale of the lot or premises, and thirty-two (32) square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: 2008-0805 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Governmental Temporary Signs INTRODUCTION The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this time, staff recommends amending the sign temporary signage to promote citywide functions, practices of many other cities in the metro area. code to allow for the city govermnent to display at its own discretion. This is consistent with the 53 PLANNING & ZONING COMMISSION MINUTES PAGE 28 AUGUST 6, 2008 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE The current zoning ordinance does not address signage for governmental entities to display. The proposed amendment would allow for the city to display signage at its discretion in order to promote city functions and events, such as the Jamboree, blood drives, etc. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the city to promote public events and functions. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question; which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. Staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. Questions from Members: None Public Hearin~Opened: No one was present to speak on this issue. Public Hearing Closed. 54 PLANNING & ZONING COMMISSION MINUTES PAGE 29 AUGUST 6, 2008 Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the proposed zoning amendment. All ayes. Motion Passed. DRAFT ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(S)(~ of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall be in ficll force and effect from and after 30 days after its passage. CASE NUMBER: 2008-0806 APPLICANT: Albrecht Signs LOCATION: 4110 Central Avenue REQUEST: Site Plan Approval for signage INTRODUCTION At this time, Albrecht Signs is requesting a site plan approval for new signage at 4110 Central Avenue. The tenant space had been vacant for some time and will now be occupied by a grocery store named Cuernavaca. The proposed new signage for the tenant space requires a site plan approval because the property is located within the Design Overlay Central. Business District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. The proposed sign plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. 55 PLANNING & ZONING COMMISSION MINUTES PAGE 30 AUGUST 6, 2008 ZONING ORDINANCE The property is located in the CBD, Central Business District, as are the properties to the north, south and east. The properties to the west are zoned R-4, Multiple-Family Residential. The subject parcel is also located within the Design Overlay Central Business District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(11) states that total signage in the CBD District shall not exceed two square feet for each front foot of tenant space provided in the multi-tenant building. The tenant space occupied by Cuernavaca is 30 feet in width. For this reason, the total amount of signage allowed for the tenant is 60 square feet. The applicant's sign plan indicates one wall sign totaling 28 square feet in area, meeting the minimum sign code regulations. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The proposed wall sign incorporates internally lit channel letters on a raceway. For this reason, the proposed sign plan meets the design guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for wall signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the Cuernavaca located at 4110 Central Avenue. 56 PLANNING & ZONING COMMISSION MINUTES PAGE 31 AUGUST 6, 2008 Questions by members: None Public Hearing Opened: No one was present to speak on this. Public Hearing Closed. Motion by Fiorendino, seconded by Thompson, to waive the reading of Resolution No. 2008-PZI S, there being ample copies available to the public. All ayes. Motion Passed. Motion by Fiorendino ,seconded by Thompson, to adopt Resolution No. 2008-PZI S, being a resolution approving a site plan for new signage for Cuernavaca located at 4110 Central Avenue. All ayes. Motion Passed. RESOLUTION N0.2008-PZ15 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4110 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0806) has been submitted by Albrecht Signs, doing business for Cuernavaca, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4110 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT.• Site Plan approval for signage for Cuernavaca located at 4110 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 6, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1.The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. 57 PLANNING & ZONING COMMISSION MINUTES PAGE 32 AUGUST 6, 2008 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 6`"day of August 2008, Offered by: Fiorendino Seconded by: Thompson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. S.R. Albrecht Date CASE NUMBER: 2008-0807 APPLICANT: Nelson Building and Development LOCATION: 4707 Central Avenue REQUEST: Site Plan Approval for signage INTRODUCTION At this time, Nelson Building and Development is requesting a site plan approval for new signage at 4707 Central Avenue. The site plan for the proposed building was approved at the June 3, 2008 Planning Commission meeting, and now there has been a request to approve the sign plans for two of the tenant spaces. The two tenants in question are Aldi's and Buffalo Wild Wings. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. Properties along Central Avenue must conform to the Design Guidelines for commercial-related activity. The proposed sign plan meets all the requirements of the Design Guidelines, and for this reason is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the MXD, Mixed Use Development District, as is the property to the east. The property to the north is zoned GB, General Business, and the property to the south is zoned R-3, Multiple Family Residential. The property to the west is located in the City of Hilltop. The subject parcel is also located within the Design Overlay Highway District, and is subject the regulations for such properties. 58 PLANNING & ZONING COMMISSION MINUTES PAGE 33 AiJGUST 6, 2008 The MXD, Mixed Use District defers to the other commercially zoned properties when determining the performance standards of the district. The City Code at Section 9.106 (P)(12) states that total signage in the GB District shall not exceed two square feet for each front foot of tenant space provided in the multi- tenant building, with a cap of 200 square feet. The Buffalo Wild Wings restaurant has 100 feet of frontage along Central Avenue. For this reason, the total amount of signage allowed for this space is 200 square feet. The applicant's sign plan indicates two wall signs totaling 68 square feet in area, meeting the minimum sign code regulations. The Aldi grocery store has 92 feet of frontage along Central Avenue. For this reason, the total amount of signage allowed for this space is 184 square feet. The applicant's sign plan indicates two wall signs totaling 94 square feet in area, meeting the minimum sign code regulations. Both Aldi and Buffalo Wild Wings are considering freestanding monument signs as part of their sign plans. The monument sign used by Buffalo Wild Wings will be 38 square feet in area and placed on the southwest corner of the property, five feet from the property lines. The sign will also be ten feet in height. These dimensions meet the city's minimum requirements for monument signs. The monument sign used by Aldi will be 40 square feet in area and placed five feet from the property line. The sign will also be no snore than ten feet in height. These dimensions meet the city's minimum requirements for monument signs. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit internally lit box signs. The Buffalo Wild Wings signage incorporates routed letters on opaque backgrounds. When lit, only the white and yellow portions of the sign will be illuminated. This meets the intent of the Design Guidelines, as the sign will have the appearance of having channel letters. Aldi proposes to use internally lit box signs for the permanent wall signage, as this is the type of sign that doubles as their corporate logo, and identifies the store in a uniformed manner. The Design Guidelines specifically prohibit internally lit box signs, so Aldi is requesting a deviation from the Design Guidelines in this respect. The monument sign will meet the city's requirements for dimension and setback and will also be externally illuminated. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan for Buffalo Wild Wings meets all the Design Guidelines standards for wall signs and monument signs in relation to the color of the sign and the types of materials used to construct it. Aldi is regzresting a deviation front the Design Guidelines in order to incorporate the type of signage that is used on their other stores, which doubles as their corporate logo and identity. 59 PLANNING & ZONING COMMISSION MINUTES PAGE 34 AUGUST 6, 2008 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. Although the proposed signage for Aldi does not meet the Design Guidelines, the overall building design and use is consistent with the types of designs and uses that would promote the economic vitality of the city, making the use consistent with the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. -- The proposed signage meets all the minimum square footage requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. The signage plan for Buffalo Wild Wings conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the BZCffalo Wild Wings located at 4707 Central Avenue. Although the signage plan for Aldi does not conform to all standards outlined in the Design Guidelines, the majority of the building design and layout does. The proposed deviation from the Design Guidelines would enable the store to retain its corporate identity. Staff withholds a recommendation either way on this request. Sargent explained it is up to the Planning Commission to decide whether or not to allow it. Questions from Members: Schmitt was disappointed there weren't any pictures of the monument signs in the packets. Sargent. said it was inadvertently left out of the packet, but Sargent said it does meet the size and setback requirements, and would have a brick base. Szurek asked if they could get the same affect by using external lights that would shine on the sign, rather than an internally lit sign. Sargent explained that it is a corporate requirement that has never been deviated from in the past. They may actually withdraw from this location if it is turned down. Sargent said he was told they have done so in other proposed locations in the past. Aldi's feel it is the only way they identify their business since the buildings are not a specific design. Szurek then stated since it meets all other requirements, and it is their way of identifying their business, she had no problem with allowing the deviation for it to be an internally lit sign. Fiorendino asked if a different business ever located at that site, if they would be allowed to use that non- conforming sign. Sargent explained that a different business could come in and have that sign re-faced and use it as designed. However, it could not be altered or expanded without coming before the Planning Commission for approval. Fiorendino was uncomfortable with allowing the deviation from our requirements and setting precedence. He said it is Aldi's choice to use that type of signage, and we shouldn't necessarily let them force us to change our requirements for them. He asked if the size of the sign was within the parameters. Sargent explained that the sign is their standard corporate sign and that is less than '/a of the allowable sq. ft. 60 PLANNING & ZONING COMMISSION MINUTES PAGE 35 AUGUST 6, 2008 Gary Peterson stated he thought it is a subtle sign and is the only way they choose to identify themselves. He thinks it is silly not to accept this slight deviation if it helps establish another business in our city. Thompson also felt that we shouldn't deviate from our .sign regulations. They were established for a reason. We shouldn't let corporations dictate what the requirements should be. Schmitt asked if any other variances were asked for. Sargent stated no. Sargent was asked if there was any proof that Aldi's Corporate had ever withdrawn from a location because their signage was denied. He responded that he had not asked them for proof of this. Public Hearing Opened: No one was present to speak on this. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZI S, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, to adopt Resolution No. 2008-PZ16, being a resolution approving a site plan for new signage for the Grand Central Commons located at 4707 Central Avenue. All ayes.. MOTION PASSED. RESOLUTION N0.2008-PZ16 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0807) has been submitted by Nelson Building and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Buffalo Wild Wings and Aldi located at 4707 Central Avenue. WHEREAS, the Plamling Commission has held a public hearing as required by the city Zoning Code on August 6, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and 61 PLANNING & ZONING COMMISSION MINUTES PAGE 36 AUGUST 6, 2008 NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one ~1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 6"' day of August 2008, Offered by: Peterson Seconded by: Schmitt Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Jacob Ullery Date OTHER BUSINESS Sargent reported that Border Foods called and thanked staff for the cooperation they have gotten regarding the re-building of Taco Bell. They are happy to see the progress of the project and the unproved look of their business here. Sargent stated that the Comp Plan Update is moving into the alternative phases and that a meeting will be scheduled soon to review the r-pdates with the members. Staff will apply for an extension in case it is needed to complete this process. The meeting was adjourned at 9:05 p.m. Respectfully submitted, Shelley Hanson Secretary 62 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER' S NO: Library APPROV L ITEM: Close Library to the Public 9/5/08 BY: M. Rebecca Loader BY: to re-carpet lobby DATE: August 12, 2008 DATE: NO: The lobby of the Library will be re-carpeted 9/5/08. In order to remove the furniture, equipment, and old carpet from the lobby in an efficient manner to prepare for the carpet installer, it will be necessary to close the Library to the public from 9 a.m. to 5 p.m. that day. Staff will work in other areas of the building, and staff will answer reference questions over the telephone. At their 8/6/08 meeting, the Columbia Heights Public Library Board of Trustees passed the following motion: "Moved, seconded that the Columbia Heights Public Library be closed to the public 9/5/08 for re-carpeting of the lobby." RECOMMENDED MOTION: MOTION: Move to close the Library to the public due to re-carpeting of the lobby from 9 a.m. to 5 p.m. on Friday, September 5, 2008. COUNCIL ACTION: 63 CITY GOUNGIL LETTER Meeting of August 25, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV ITEM: Txansfer of Funds fra»i General Fund to Police BY: Scott Nadeau ~ ti BY: NO. Dept Budget to Reimburse Overtime Fund DATE: August 13, 2008 DAT BACKGROUND During Iuly and the first part of August 2008, the Police Department was involved in o£f-duty employment details that are handled through the department. These were security details at Unique Thrift Store, Columbia Heights School District activities and the Financial One credit union. Since this type of af£ duty employment is handled through the department, officers l~.ave signed up and worked these details and we have received checks frarn the following entities: Unique Thrift Stores in the amount of $906.66; School District #13 far amounts totaling $3,369.94; and Financial One Credit Union in the amount of $105.12. This money is considered revenue and it was placed in the City General Fund. Total amount frarn all sources is $4,381.74. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $906.6b received from Unique Thrift Stores, the $3,369.96 received from Schaal District #13, and the $105.12 be returned to the 2008 Folice Department Budget Line #1020. RECOMMENDED MOTION: Move to transfer $906.66 received from Unique Thrift Stares, $3,369.96 received from School District #13, and $105.12 received from Financial One Credit Union for a total of $4,381.74 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. kaa 08-118 64 To: Chief Scott Nadeau From: Acting Captain Lenny Austin Subject: Qvertime Transfer Date: August 12, 2008 Attached is a list of the overtime reimbursement received fra~n July 2, 2008 through August 12, 2008. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request a transfer of these funds to our overtime account. .__ ...~___ .._......._,_,-.w.:.:~..,-,~r .....,, _. _. ..,:<:,:.,.,.,,_,.,, .pis ~,r:~;:~';=.;}°n --,ala.~?, ~.F°. ?.,~:i~,~;17 ,.y {, q d.1. ~7r,- _ ..i.. - u3r - ~ ..9. ,-~'<. .i syi li,;- ;b..- ''ii:~: ~t`":,:l.i~R`• ..w ..I,:I~~ :1.:. •~iS' :{:.z4m~ - :,,S~o- ~oi!4~. ~~ (~pifF~a:L~~: ~,., .:,}.n„1.,.,..,.,,.,?f:` _..,u„•...-.....,. _~.~.-.,.,~ 1>~~ ~ranirSr.<F rji`e.;L(.':I:E..r:;f~.~.-t,..r}.,.ii'14t.3?`~._b..r.,[?i...,~..,.:i~....«.~s^1;...._~..Y..., ~. i~Y.Y E-..... .. Columbia Heights School 2008-010 07/14/2008 District Activities 2008-012 07/14/2008 2008-015 07/14/2008 2008-016 07/14/2008 2008-018 07/14/2008 Unique Thz~ift 2008-019 07/22/2008 Financial One Credit Union 2008-014 07/14/2008 Tatai Amoant to be Taransferred into Account: $163.80 $2522.88 $157.68 $157.68 $367.92 $906.66 $105.12 $4381.74 65 3D N0. 13 _ VENDOR NUMBER VENDOR NAME • n-rmv nx' f'!C1T~TRviRTA HEIGHTS CHECK DATE CHECK N0, 07/02/08 00135568 AIVd DATE •: ..IV .. ~__- , ' INVOKE NUMB£R~.';'::::; ; • - : ~' ' DESCRIPTION P.O: NUMBER, : •' ~::: ' .,`.:.:`AMOUNT;':;`.`;,:~•;:':~,:";.:. 7.63.80 06/27/08 06/27/08 2008°010 2008°012 ~~ 2,522.88 r a , ;~:ti ~ ' ~' • . h ~ . . • it :% ~. .. ~~a ~r .-.4%1 .~ i ~.X ~ •t": PAf©Ta: czTY o~ cOLUMBIA x>~zGxTs PoLIC7~ DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 •- TVA A!» ,WiVIV Uld 1 ~~'~ 2, 6$6.68 • 75-1692 •~. . • • • ;,'~C~~Nd•. ~ . - :';. • ;912 - ' • ~ IIVpEi~,EN®ENT:SCHOfOL DISTRICT •NO:~` $ - • CHECK DATE CHECK N~:.= • ''': . • - ~ ~400.49TH'AVENUE :N:Ei'. `303'TFi1rd Straet Northwest...:.' '~~ • CQLUMBIP,=Fi~laH•TS,b1iNN~~01'A55421•. ,;;EaytGrandForks,MN56771• 0.7/02/08 °'~~55.6~8 .. ' ;'• . .. - ,,. ~ ~ ~. • . ~ ~ ~~ ....:.... VQID AFTER 180 DAYS' - • . PAY: { *~*****2, 686 Do].Zars 68 ,Cents C~-{~C~( AMOUNT . .: -ro THE oI~aER oF:, $2, 686.68 ;';. ';:: ,.. ,. ... ~ CITY OF' COLUMBIA HEIGIiTB ATTN: POLICE DEPARTMENT ~~~i~i~~;tz •''`~' y;:•`-•:•`':':•:• ~i . ~!.~.~~ •• X51: 559 MILL STREET NE '; '"',`•`'•:t~~`~'~`•' `i: ' ~ COLUMBIA HEIGYiTS MN 55421 ;.'.'.; + _:~ • _ `;:~:;;.~ +1^k3S56811° ~.09~2~5927i: ~52io00o76231i" 66 /r`~"~ oY~~~ INVOICE ~~ Columbia Heights Police Department ~~ (.~ '` Date: Apri126, 2008 Invoice #: 2008-010 Customer Name: Columbia Heights High School Attn: Deny Thoir>r>!as Address: 1400 49th Ave NE Columbia Heights, MN 55421 Request for: 14ffieer Paliee Officers for: Doys Basketball Game 03/07/2008 1800-2100 (3 hrs} Officer Huber BILLING INFORMATIt~N Number of Officers: 1 Hours: 3 2008 Wage is $54.60 per hour Total Due: $163.8Q Make chocks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Poilce Department, 559 Mili Street NP, Columbia Freights, MN 55421 FOR DEpART'.~fENTAL USE ONLY Off cer(s) on Duty: Amount Received: Off Duty: Date: 67 Colu~xbfa Hexgbts 559 Mill Street NE Columbia Heights, MN 55421 Investigations: 763-706-3774 Fax: 763-706-3752 F~.x 'Transrr~i~ta~ To: ~~ , ~ S,G~ Of: Fax: ~~ ~"' e~~ t ~~~~ From: Phone: Fax: ~ Pages: ~.,, ~~yPr~ ~ 1~31~~ ~ --.7D6 ~-3' ~ ~.~. This cover sheet and any accompanying documents may contain confidential infarrrratior+ which is legally prrateoted. The infannaHan is intended only far the use of the recipient named above. if you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution of ar taking of any acNan in reference to~ahne ~ ~~ ~r~ ~~rn p ~~ d cument(s)ito use ly prohibited. if you receive this frtx in error, Please norify us imme68telY by P INVOICE ~~~~" ~~~ Columbia Heights Police Department Date: June 12, 2008 Invoice #: 2008-012 Customer Name: Independent School District 13 ~¢.~.r.,,/~ Attn: Finance Aepartmentt~ ~.-~ Address: 1440 49th Ave NE Columbia Heights, MN SS421 Home Phone: Work Phone: Afternoon School Security Detail -- April and May 2005 Request for: 1 Police Officer Police Officers for: School Detail April 2008 Week i Apri101 - 04 4 daysx l.S hrs @ OT rate $ 31S.3d Week 2 April 07 - 11 4 days x 1.5 hrs @ OT rate $ 315.36 Week 3 April 14 - 18 5 days x 1.5 hrs @ OT rate $ 394.20 Week 4 Apri121 - 25 3 days x 1.S hrs @ OT rate $ 236.52 Week S April 28 - 30 2 days x 1.S hrs @ OT rate $ 157.6$ May 2008 Week 2 May OS - 09 4 days x 1.5 hrs @ OT rate $ 315.36 Week 3 May 12 - 16 3 days x 1.S lars @ OT rate $ 236.52 Week 4 May 19 - 23 3 days x 1.5 hrs @ OT rate $ 23&.S2 Week S May 26 - 30 3 days x 1.5 hrs @ OT rate $ 236.52 June 2008 Week 1 dune 02 - 06 1 days x 1.S hrs @ OT rate $ 78.84 BILLING INFORMATION Number of Officers: 32 Hours: 48 2008 Wage is $SZ.,Sd per dour Total Due: $ 2,522.$8 Make checks payable to the City of Columbia Heights Please mail payment to: Ciry of Columbia Tieights Police Department, 559 Mill Street NB, Columbia Heights, MN 55421 F4R DEPARTMENTAL USE ONLY Officer{s) on Duty: Amount Received: Off Duty: Date: 69 ........ ...._..,__................. ,...._ . ...................................__,._..._...,.......,.,.._.._.............._..~......_...n.............u.._.._..,._..~....,........_..~.,......., G~~ ... .. ii ee aa .................... ` ~^ c gyp.., - _y r~/~ r t/ Gf ~.. ........................ .................. . .. . .. h ~- _ _ _.._ ....... _. ~ .......,... _._...... _ _..... ____..._...___...._....~.._. _......... ~..._,..._ . _..._.,. _.._,, ., . y _.... _ ...~... 3 U~ ~ c~L-G~" _ i.~ --~ ~ ~.......... .~...5_...... ~~.., .,.,..~ ~._._.........._..___.._... ,..,..._._._ .......................__..., ._.._.. ~ ~-~ .. , _. _ .. ..~. ,..__~..,....,r. .. _... .. ~ . 7~ .. ..............._.... D~J0..1v VENDOR NUMBER VENDOR NAME n nrmv n>a' C'P5T.T7MR7'A HEIG'H'TS CHECK DATE CHECK N0. 07/10/08 00135650 . ',: DATE : •` :• ': INVOICE NUMBER `,.,: : ,?:; ;. `.` DESCRIPTION 8.0. NUMBER' :. :. ' • ~'~~~;Afv10UNT,::'~;?;;;~;;.: •,,.• 157.68 06/30/08 2008-015 157.68 06/30/08 2008-016 367,92 :30/08 200&-018 PAID TO: CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT.' 559 MILL STREET NE COLUMBIA HEIGHTS, M.N 55421 V 1611.6•1lUlVUly i PAID 683.28 m o• ° •e a °° ° ° ° ° • 76•i592 . PENDENT:$CHQOL DiS'TRtCT,[VO: '13:.', - ~~~. WECK ~±•~'! •:~~"'~" ., .•.~': .;:' ~'~• <.'4,4bp~497H AVElVU~ N,E. • . • :r `3t)3Third Street Northwest ' .~ . ,'; 8721:. ;;'%;,~ : ~:;~{,, COLUMBCaNEIGH'fS;MINNI~StDTA55421'~ ;East Granclforks>nnNS o7 •10 o'a ~~~;:~,.~' . ,~ . .. 'I ',~: '` VOID AFT'i~R 180 DAYS - ~. P61Y: *******683 Dollaxs 28 Cents AMOUIV7 `•`,' ~~ ,,;• • . ~; ,. $683 .28.' +~s:::,: ~..;:.x,,.,~ + CITY OF COLUMBIA HEIGHTS ATTN: POLICE DEPARTMENT .;~;;;;;;~ :;;~'' .,~;;:;:;::~'' <;;;:::::+;+:~ 559 MIL .,:~.:: s,,:,:,,,: .: L STREET NE ,::a:' tt•' 3~•,tf;. • COLUMBIA HEIGHTS, MN 55421 '•~ :,~ : z;,. ,5,1•;•:;.. ° - 1. ~ ; . . . .. •. u°L356SO11~ ~.091~2L5927+:i~5'1o000~~23u" 71 INVOICE Columbia Heights Police Department +~ Date: June 12, 2008 Invoice #: 2008-01 Customer Name: Columbia Heights High School Attn: betty Thomas Address: 1440 49th Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: Request for: 1 Police Officer Police Officers for: 't`alent Show ~:~~.,,:;~,~:,...;, T,~. ~~;,=~~~~~: ~.~, r ~;r...:~.~::t ~, ..- `~~~ .~r. ;:,.~a~o,~$=~~ ~,~..~.,.x, .:: ~. , :., ._, 2130 J., . ,.:..., .... 3 his @ OT rate $ 157.68 05/1&/08 Huber 1.830- BILLING .INFORMATION Number of Officers: 1 Hours: 3 ZDD8 YYage is $SZ. S6 per hour Total Due: $157.68 Make checks payable to the City of Columbia heights Please mail payment ta: City of Columbia Heights Police 17epartment, 559 Mill Street Nl?, Columbia Heights, MN 55421 FOR DEPARTMENTAL i~SE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: 72 .----~- Frorr~; Lenny Austin Sfarf: 8!21200$ que: Sub~ecf: 6/2/2008 Send out billing far CHHS Talent Shaw 1830-2100 05/16/08 envy, Request for OT coverage. Erik ----Original Message----- From: Erin Edwardson Stern Sent: Tue 4/29/2008 8:43 AM To: Erik Johnston Subject: Supervision for the CHHS Talent Show Erik, The Muiticultura! Club is putting on the CHHS Talent Show on Friday,. May 16th. As usual, we are interested in having a police officer present to help supervise the event. VVe need an officer on duty from 6;30 until about 9:00 p.rn. Would you be able to supervise the Shaw or could you help us find another officer to supervise? ~ ~,~~,~.,~.- ~ ~a~ ~~ (~u.yQ-~ !x'30 - a/3o 73 INVOICE Columbia Heights Police Department ~~ O 7~~~d Date: June 12, 2048 Invoice #: Customer Name: Columbia Heights High School Attn: Betty Thomas Address; 1440 49th Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: Request for: 1 Police Officer 200$-016 Polzce Officers far: Graduation Ceremony 51.Hi1~.:`:: ~/-h~~Tp.L~J!'~Ii~`'~ +P~4.Fi'•~:~:tc;(iI'rfi;':YdaF'. :~.SkC't(:•.'TIi'.~:1a;u-~. J~ !_lib if ~-. Ua~.. a~9 .~ .:.. ..... .. 15! •L$ 06/05/08 Nightingale 1$30-2130 ~ 3 hrs @ OT rate $ BILLING INFDRMATIDN Number of Officers: 1 Hours: 3 2008 Wage is $52. S6 per hour Total Due: $15"1.68 Make checks payable to the Ciry of Columbia Heights Please mail payment ta: City of Colu~xibia Heights Police Department, 559 Mill Street NE, Columbia heights, MN 55421 FUR DEPARTMENTAL USE ONLY Officer(s) on Duty: Off Duty: Amount Received: Date: 74 irrom; Lenny Austin Starts 6/6/2Q08 Due; 6/6/20Q$ Subject: Biking for offloer at graduation Goes to schoai (Betty Thomas), di en an ~~~ .~___ f~( OS~~~ l~~d --DSO ~~CS. U-• `rte>s ~r ~' ~'~. J `,yam-+~' 75 INVO~cE Columbia ]Heights Police pepaxtment Date: June 12, 2008 Invoice #: Customer Name: Columbia Heights I-Iigh School Attn: Betty Thomas Address: 1440 49th Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: Request for: 1 Police Officer Police Officers for: Senior Camp Uut 2008-018 - - - .r~ ~ yr.a~ : :` i ,~,~' :7 ~ . a, g~'si a•>l. ? ilia"~ it@F ',ii,Y" ~;."-~i;a}i~" ~.K~s::~~•43L~'jy LCr.~nv.y'. rc~p~nar.Y§t~" g'.~,9+ . ~ .~ -` i• - «~..,,f ~ ~,,.. -~ G;.ts`~S i~"~;3. Yp~ e:~iCa~ nrtFty , .,.z „3~; e!,a~~ ..~~ :~~ ~-fir V ..X "' ,.,pry' o.~~. ~ 1 ~ ~ i ,~ ' ;4;; ` ni~a?f:.7G•s"t:~l~ ;~ . yLe ~ 4' ;~- ,.ert6 ~,~ • ~ is ~.~.~ : i„ ;K,~~ p ~{'~ ~s• a~; ~ ;~~• :i ~ '..:fi: cua 'z: ;,.L<~~;.`~~~,r F ~ ~,,,c,..-~ w ~a-~~E~fi!'~- I}~~' .~~ SL: i ~~-T ° 1 +~~j~~ .E i~Lt~. - :E StzC~~~~ ~^:,.:~.,- sv ig ~ .ot., . ~:L~'a~~r'4^CaPa, ya..,~.;,F;~~~ P;~~~'~~~y'li~','x~ey~~l~%ill.3r'f~a5-~i:i~.~~=:3 ~3?~'~'~"I~a~~US~i~Yi.^.u5~~~,iai~~.to.J..~.a'TOad.i~:5~z ~,. F!~::::i42~!,. raf;fura:~.-mr:.-.~~-:,=n~Ilarv'~.~sU.L...,.t~.-.u.~,~.u .a .a . OS/30/48 Johtxston 2100-0400 7 hrs L7a OT rate $ 367.92 BILLING INFORM.A TION Number of Officers: 1 Hours: 7 2008 Wage is $52.56per hour Total Due: $ 367'.92 Make checks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Poliee Department, 559 Mill Street NH, Columbia Heights, MN 55421 FOR DEPARTMENTAL T1SE ONLY' Officer(s) on Duty: Off Duty: Amount Received: Date: ~~/y~~~ 76 ~ ~aa,~ ~-'c~ ! ~'' ~ ~ ~ ~~ ~~ Officer Date: Hours ,_! ~/~ Q Re`g~~ `/z From.~~~ to d 7 ~ ~. '~6'here ApprovedRefused [~ Date ~ ~ j ~..,....v ~' '; Reasorn for refusal C c f ~ Supervisor .~ e ~~ 4' 77 nvF,RTTME n APUC~Et K0'Cc~U, ~.I.C: DATE INVOICE NO COMMENT 7/1.4/08 2008029 w tw~.w ~ ,AMOUNT DISCOUNT NET AMOUNT 906.66 .00 906.66 ~ ~:>~. ' , , ,Y~ ..,, ~ }- r f; y • , r~ S, ... Y.,.,.. '~Y ~:.. 4:i ~:: fit.. : lr ?: 'l. ,^St .. :HECK: 010261 07/21/08 City a£ Columbia CHK TOTAL: Heights 906.66 REFERENCE: o~a2s~ ' APOGEE Retail, L,LC Alliance Bank 3080 Centerville Rnad Little Canada, MN 55717 St. !'aui, M}nnesata 75.121.919 ' ~ i651) 773-8077 4 *NZNE HUNDRED .S 2X DOLLARS AND 66 CENTS AMOUNT ~ DATE 07/21/08 ***** **906.66~* t a 9 City o£ Columbia Heights F'A THE Po~,ice Department LL JER 559 Mill Street NE , Ot+: Columbia Heights MN 55421 ~~ n^ >E:09 i~90 ~ 2 ~ 5« :00056 ~ ~ 66011° 7s TNV~QTCJ~ ~~ Coluxnbi.a Heights Police Department ~ ~` ~~ Date: July 14, 2008 Invoice #: 2008-019 Customer Name: Unique Thrift Address: 2201 37t~' Ave NE Columbia Heights, MN 55421 Name Phone: Work Phone: 763-788-S2S0 :~ ~,~Q.. Security D~t~il -- '~'pr~(1~~ Request for: 1Officer/Shift Police OffZCers far: Security _,.. ... ry, :.~~~~'::.~.,_a~~~r~~_ ~` 06/03/08 . ,_:...,~, _ :. ~~,~~:,4~~a~..;,.,~ ,..;,;,r,.•,.~,,.t.~~,.~ Korts" .:. '.:,:. ~.:....:.~ {i:d:i7l~ e. .n: 1230- I;630° .....~,_,,. _.,.~. . ~ .. _...........__ .:..~s @ "' y~ .....,. OT rate $ 210.24 06/07/0$ Nightingale 1400-1800 4 hrs @ OT rate $ 210.24 06/08/08 Nightingale 1200-IS00 3 hrs @ OT rate $ 157.68 :06/17/08 Nightingale 1220-1620 4 hrs @ OT rate $ 210.24 06/21/08 Nightingale 1445-1'700 2.25 hrs @ OT rate $ 118.26 .BILLING INFORMATION Number of Officexs: 5 Total Hours: 17.25 2008 Wage is $5.2.56 per hou>^ Total Due: $ 906.6d Make checks payable to the City of Coiumbia Heights Please mail payment ta: City of Coiumbia Heights Police Department, SS9 Mill Street NE, Columbia Heights, MN 550.21 F'OR pEPARTMENTAL USE ONLX Officer(s) on Duty: Amount Received: Off Duty: Date: 79 ACCOUNT x DATE OH I'REVIQUS LAST BALANCE NUMBER N RANSACTIC)[\ TRANSACTION AMOUNT INTEREST iii'{'i;....r; f i:.~' , r :,t:.~~C,/.Y,.is. ~ I~,t il..:3...-~; f;}5::: t~ 't' f';t~ ;'.i .:'~ ~i•'t.lt~ ! 'I Y ~'~I°i", ,, It~~ . i?r,;!:,'ifff•~ '~{•}::i i Iw'^+,. I....'i-ie:1 I..;{'-{I':,i..-!! S~.i:'{.t;"::I. ti{~;f1 L-,'s'f' . , Via: ~. i.::.'{ Y' :::1i= s.~':t':il.._i..)i'r1:~3'1„~s I'°tL:.;1; ia{'-}'f'~ '~'+~' y...-.. ~ i~ ~„ ,... ~';fii_ I,J{°%4~:~ x ~=i ;-i+::' :t ti1•-t.{.. - p~li~E w'~;::, tt.; f t, • ~ ., ~ -~'y , • ~ i .1 - ( NEON PRINCIPAL. I BALANCfi .. C..I l; h 1:1.;1.. ».t`':~".~% ~~~~ ~~ Columhla Heights- 8d340tlt Av NE, Colurnhia HelghM MN 55421, 763-788.7700 Coon liapids - 71465 Hohinson O ,Coon Rapids MN 55433, ID3-755.8900 champiln-1230DEnsignAVN,ChamplinMN SS3i0,763-422-5055 Biafne-102108a1[imoreSeN8,81aineMN SS4dg,763-984A700 ~~ ATM, olumghts-84340thAvNE,ColumLifaHeightsMN SS42L763-788-7700 oon Rapids -11465 Robinson Dr, Coon Rapids MN 55433, 763-755-8900 hampiin -12300 Ensign Av N, Champl In MN 55316, 763-422-5055 fai• 70210 Baltimore St NE, Blaine MN 55449, 763-789-0700 PH Y MEMBERS UNITED COEIPORATH CREDIT UNION. EAQAN, MN z~,,, ai6t 2960 i'O THE ORDER OP i.:,.;..I..~: (.~i'- t"t:al-,.t..lyir_:~r;f:.; ¢•lt~,.{'r~(•~'1`~'i (:'.s"J1._:. t:t~~~, l_' i»~ i-1G:;E l7#-!'1` # 1y~p.~ -`:;:°:if~~:_ 1 DATE. AMOUNT ,. i, Iii"(`,' !4f 3.1 fi~ft"~ 3E'•~•r,•k• 1, fl_i^r, ;~,'4»'', ;~'~Y: ~kna F1NA CIAL ON C WNI ®~,n,~ 9 6 MP '~"--~-"•~-~~'•~- AUTHORIZED SEC3NATURE ~'•~-~~~~"~ ila~~~~f~~lf° i.2~~a0~~5~~~.~L~~~~i~I~~~~~Q~~ll° 80 ~~ N~VQICE I Columbia Heights Police Department Date: 3une 12, 2008 Custalner Name: Financial One Credit Union Attn: Dan Nynas Address: 843 40th Ave NE Columbia Heights, MN 55421 Invaice #: 2008-014 Home Phone: Work Phone: 763-788-7700 Request far: ~. Police Officer Police Officers for: Security ,..:~;.z~,...~: ,,~~F~t~~,:a,,~~,~: r~~;..,,,ss,:-...,,.:,;~r;.z.:~..~;,„-~~~ 45 ~~...,...:..w, ~.... ~,s ~ OT rate $ IOS.l2 05/28/08 845-20 Bonesteel 1 BILLING INFORMATION Number of Officers: 1 Hours: 2 2008 Wage is $5Z: S6 peg l2ou~ Total Due: $ ~ 4512 Make checks payablo to the City of Columbia Pleights Please mail payment ta: City of Columbia Heights Police Department, S59 Mill Street 13E, Columbia Heights, MN SS421 FOR DEPARTMENTAL USE' ONLY Officer(s) on Duty: Amount Received: Off Duty: Date: 81 ^.~. _.. Lenn Austin ~ inanciai One resit non invo~cin _ _ _ _ ~~~.~~,~,,~,._....,..~. ~.~:~~Y.,..~.. Page ~ Fronn: Lenny Austin Starts 6/4/2008 Duet 6/4/2008 Subject: Financial One Credit Union Invoicing OT opportunity, one officer in uniform needed at Financial One Credit Union for their annual meeting. /28/200818 45 hrs. 2 hrs. Attn: Chan Nynas i~ tf-~_~,~ r ~ ~~~ Y 82 IN~VC:IICE Columbia ~3eights Police Department Date; June 12, 2008 Invoice #: Customer Name: Financial One Credit Union Attn: Dan Nynas Address: 84~ 40t`' Ave NE Columbia Heights, MN 55421 • 9 ~~ s ~ ~~~ ~~ ~ ~ ~ Horne Phone: Work Phone: 763-788-7700 Request: for: I Police Officer Police Off cers for: Security i. :~~. • n • ` e - '• k .~ssv,•r~ ~s ..Y. " "~.. ~,..~.3 i.. r ~:n...Fi : n~v!isF..% Yry ,,I_ s v,..~,;,i. tin« :~•,7Ca~ ` [~ • ~r'n ' SEts3i ro! nr s•;.. a' e rs'. F: ~ ': {'eV~'f~;p~'~,~' p~~J1 at~{~~? . ~~;~'?+a• k,~~~.,y ,.1 ~ ~~ 8~,f.~y £tj~~ ;z . '~3 .rxSsu;~~IIk3V~u~'~ ~ `Q~Yg , ;,?_:r,,yl, ~D° - P',~ . _~'sk~~l ~ .age,„.-, ~~7:, p~~~j"~' °~'~~, _~(~~:]y .aaF7F~~~~ ~~~3I~~~J~~•~~:1~~Y ~ ~~~vM~'til~f~i t7~~'n~4~~"P~~..v~~ '.~'~~pdyti.i~Fbp~,~:~14~ r~Y~;1~~ f i ~ ~ ~ I ~"S~I~Irr~lFt~~'~,~ E''~ ~eyll~iir~:'. ~;^n~~i~~~.;C 4au .~~`~.G~ I~. S ~~yLY~ .+. 1. •{ !1 i,a {d'Vltt ~€Nt IYi•~uJ-O4f.IhZ~u1. J4Y V`I~ ~. ~, ~i~w~H:~i~ 3huivN~ 'Sn A b1iLF ~nry ~V ~+ Y i~~`~.u ~rt .}YS' 05/28/08 $onesteel 1845-2045 2 hrs @ OT rate $ 105.12 BILLING IN~'4RM.r9 TlON Number of Officers: 1 Hours: 2 200$ I~'age is $52. Sd per hoar Total Due: $105.12 Maka checks payable to the City of Columbia Heights F[ease mail payment to: City of Columbia Heights Foiice Department, 559 Mi11 Street N~, Columbia Heights, MN 55421 B'Olt DEFA.RTM~NTAL U'S'E ONLY Officers} on Duty: Off Duty: Amount Received: Date: 83 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORK5 . ITEM: RESOLUTION 2008-196 ACCEPTING PETITION BY: K. Hansen BY: ~~~~~~ i~~~ AND ORDERING A FEASIBILITY REPORT FOR A BIKE DATE: 8/20/08 DATE: TRAIL/PEDESTRIAN CONNECTION Background: Public Works staff has received the attached petition to construct a bike trail/pedestrian connection to extend from 40th Avenue to Benjamin Street on Stinson Boulevard, signed by twenty property owners. Analysis/Conclusions: The attached resolution calls for constructing abike/pedestrian path between 40th Avenue to Benjamin Street on Stinson Boulevard that will provide a direct connection to other walking paths in the area and serve as a traffic calming mechanism. A feasibility report will be prepared to evaluate method of installation, such as simple lane striping or a separate paved trail and other possible pedestrian safety improvements in this corridor. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2008-196 being a Resolution accepting the petition and ordering the preparation of a report to construct a bike trail/pedestrian connection on Stinson Boulevard extending from 40th Avenue to Benjamin Street. Attachments: Petition Resolution KH:cb COUNCIL ACTION: 84 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: RESOLUTION 2008-196 ACCEPTING PETITION BY: K. Hansen AND ORDERING A FEASIBILITY REPORT FOR A BIKE DATE: 8/20/08 TRAIL/PEDESTRIAN CONNECTION CITY MANAGER BY: DATE: COUNCIL ACTION: 85 RESOLUTION N0.2008-196 BEING A RESOLUTION ORDERING A FEASIBILITY REPORT FOR THE CONSTRUCTION OF A BIKE TRAIL/PEDESTIAN CONNECTION ON STINSON BOULEVARD FROM 40TH AVENUE TO BENJANIIN STREET. WHEREAS, a petition, signed by 20 property owners, 9 abutting property owners was received to construct a bike trail/pedestrian connection on Stinson Boulevard to extend from 40th Avenue to Benjamin Street. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBL~ HEIGHTS, MINNESOTA that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 25th day of August, 2008 Offered by: Seconded by: Roll Call: Patricia Muscovitz, CMC City Clerk CITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 86 ,. FROM : FAQ NO. Aug. 04 2008 ~1:37PM P2 To the City of Columbia Heights 1Ne, the widersigned, Would ~k that the Cixy o#' Columbia Heights stride the odd aide (~f the sf~et along gtinsom Blvd from th® City border (jest past Silver Lame) to' A~3°~ Ave:. . . .:. ~ We believe then. tiavi~n~ a designated walking ani~ biking ,path grill help protect pedestrians. . ead hilrexs. ~ We else bicliov® that.it will:work~to slo~vttaflflc aton,~ Stitianm blvd as~a . :. simil~-t vvet~i~way did along Silver I:ene in St Anthony. .. . .. ~ The homeavaaers alo~-g..tlAia atx~eet uncler~ta(-d that ~th~~pe~r~Cing rules along :Stinson Blvd ~ . ~ . . .will snot chasrge~ btcause: of the d®signated walki~ig and bike. pe-th... . ~ _ ~ .. ~~ .. The~City shodld do this to (nsequra~e resi(l~ntA to walk~e-nd bike is our.commur-ity. This ~. twill prtsvide a direst eornrieotioa~ to the beamh and tlxe new walking patfts tlimugh~ that axes .. . ~ ~ ~ sad ho~fully directly into the new Thr®e ]fivers .Park. ~ . ~n s~,~-~~ ,, ~ ,~~"_ Gr/ ~'~ Address ~2 {Ql ~i'/tJer ~~~Y ~~ ;,~ ~;-~~ Phone Camments 7b~ 'zoo 2~a~ ~i~r i,t~~-- ~ ~~~~ /)~ 1 /J f ,~/ ~~~ ~~~2~~~~ yo2o ,s,~~ir~ ~~z~-~,~i--y8s/ 2911 I`'vl.N 5i~ ~i~-?8/-7S"~', New ri~~... ~~Lw9 ~ Oyler! ~` ~'~l~ ss a . FROM : FflX N0. Aug Od 2~8 01:3BPM P3 'i'o the City of Coluu~r-bia C~eight~ VJe, the uadersi~meci, would eak that tha City a1' Calumbla I~mights stripe the odd side of ilia str~iet along Stinson blvd .from the C'.ity booderr (just ~ttgt,$ilver Lr~ne)~to 43rd Avg.. We h~sliwva that having a .designated walking.And'bikin~ patb will help ~rotec:t pedestriAna. . ~ and;, bitters:: We.~xlk~i, h~lieve tllat:.itwill vVork to~~low traffic alvril Stio~an`k3l,vd-as.a::.. - . ~imil.~tr` wallcwa~ did along Silver Lane. in $t ~r-thar-y. ` . ~ .... . ~.: .._ Tb.~~~amenwners alang.this sweet understand that the ps~rkittg rule aiang~ ~;tiasi~n,Blvd ..,~. will not ch~nge,because saf tha cie~ignatad walking and bike path. The C'-ity should do thi~.to enao~ura~e roside~ts to walk: aiad bika in (,ur eomrriuniCy.. This. will pmvide a direct.conneotion to the.bea~h #tncl the new walking paths through that area>. .. and hopEfully ctirectIy into tl~e ne~Vv '1'hrea Rivetx Park:.. ~ . Namc Address Phone Comments ~J ~-} ~, z~~' ~~ ~~ ~ ~ i ~ Cc"~~ ~~,. tin ~ ... ~ ~ ~rv ~ ~ ~ a .5 f ~ n j`~~..b ~ n r o~ ~' . tia~ ~GI N~~Q:: ~~ 89 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: ESTABLISH DATE FOR PUBLIC SPECIAL BY: K. Hansen ASSESSMENT LEVY HEARING FOR TWO PROJECTS: DATE: 8/20/08 ZONE 1B, 2 AND 3A SEAL COAT PROGRAM AND UNIVERSITY AVENUE SERVICE DRIVE STREET RECONSTRUCTION CITY 'MANAGER BY: ~//rr DATE: Background: Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2009 tax statement, the assessment hearing needs to be held on or before October 15, 2008. Analysis/Conclusions: Staff is recommending Monday, October 13, 2008 for the Assessment Hearings on the following two projects: 1. Zone 1B, 2 and 3A Seal Coat Project No. 0801 2. University Avenue Service Drive Street Reconstruction Project No. 0602 Recommended Motion: Move to establish Monday, October 13, 2008 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0801 Seal Coat Project, to be held in the City Council Chamber. Recommended Motion: Move to establish Monday, October 13, 2008 at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #0602, University Avenue Service Drive Street Reconstruction, to be held in the City Council Chamber. KH:cb COUNCIL ACTION: 90 CITY COUNCIL LETTER Meeting of: 8/25/08 AGENDA SECTION: BID CONSIDERATION I ORIGINATING DEPARTMENT: I CITY MANAGER NO: PUBLIC WORK5 ITEM: RESOLUTION 2008-181 ACCEPTING BIDS BY: K. Hansen BY: AND AWARDING CONTRACT FOR UNIVERSITY DATE: 8/21/08 DATE: AVENUE SERVICE DRIVE Background: A Public Improvement Hearing for the 2008 Street Reconstruction of University Avenue Service Drive was held on Apri17, 2008. The City Council ordered improvements for Full Street Reconstruction on University Avenue Service Drive from 40`h Avenue to 45th Avenue. Plans and specifications were prepared and advertised for bids in the Focus and in the Construction Bulletin on April Thirty four contractors or suppliers requested copies of the bidding documents. Seven bids were received and publicly read aloud at the August 7`h, 2008 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis/Conclusions: Midwest Asphalt Corporation submitted the low base bid, in the amount of $937,401.84. As indicated on the minutes of the bid opening, $46,495.53 separated the next bidder from the low bidder on the base bid. Alternate bids were received for: 1) Residential construction on private property for concrete and bituminous construction and, 2) a concrete maintenance strip under the new fence. The overall project was consistent with the Engineer's Estimate presented at the Improvement Hearing. Staff is recommending accepting Alternates 1 and 2. Alternate 1 provides unit pricing for private residential driveway or sidewalk construction as has been done in previous street zone projects. Alternate 2 provides for aone-foot wide concrete maintenance strip under the new chain link fence from 40`h to 45`h Avenues. Public Works maintains both sides of this corridor and a maintenance .strip would eliminate trimming along the fence line. The bid also includes the installation of a turn lane on the south side of 50`h Avenue at Central (adjacent to Top Value Liquor) and milling and overlay of 5`h Street from 40`h to Huset Parkway and Jefferson from 37'h Avenue to Lomianki Lane, following the Huset Parkway project and Park View development work. Based upon the low bid from Midwest Asphalt, staff is recommending contract award of the base bid with Alternates 1 and 2: Street Construction Funds Cooperative Agreement: Assessments: Infrastructure Fund System State-Aid: Utility Construction Funds Water Construction Fund: Storm Sewer Fund: Base Bid Alt. 1 Alt. 2 Alt.3 $ 550,000. $ 79,400. $4,962 $ 71,773. $ 206,675. $14,958 $ 29,705. $ 88,000. COUNCIL ACTION: 91 CITY COUNCIL LETTER Meeting o£ 8/25/08 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ~~~ ITEM: RESOLUTION 2008-181 ACCEPTING BIDS BY: K. Hansen BY: AND AWARDING CONTRACT FOR UNIVERSITY DATE: 8/21/08 DATE: AVENUE SERVICE DRIVE Recommended Motion: Move to waive the reading of Resolution No. 2008-181, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-181, being a resolution accepting bids and awarding the 2008 Street Improvement projects including Alternate 1 for unit priced residential driveway construction, and Alternate 2 for a fence line concrete maintenance strip, Project No. 0602 to Midwest Asphalt in the amount of $952,359.84, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:cb Attachments: Bid Opening Minutes Resolution COUNCIL ACTION: 92 RESOLUTION NO. 2008-181 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE UNIVERSITY SERVICE DRIVE, CITY PROJECT NO. 0602, 0802, AND 0808 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0602 and 0802, and 0808 Street Improvement project ,seven bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base Bid with Alt Bidder Base Bid Alt 1 Alt 2 2 Midwest Asphalt Corp. $937,401.84 $4,961.90 $14,958.00 $952,359.84 Thomas and Sons Construction, Inc. $983,897.37 $4,679.00 $15,415.95 $999,313.32 North Valley, Inc. $1,053,874.68 * $6,550.00 $39,129.00 $1,093,003.68 Hardrives, Inc. $1,060,787.49 * $4,384.00 $14,418.75 $1,075,206.24 Arnt Construction Co.,.Inc. $1,063,510.82 * $4,860.00 $13,616.04 $1,077,126.86 Landwehr Construction, Inc. $1,066,420.96 $6,050.00 $18,011.00 $1,084,431.96 Forest Lake Contracting, Inc. $1,121,540.34 * $5,060.00 $21,064.00 $1,142,604.34 * denotes corrected bid. WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2008 Street Improvement Project, City Project No. 0602, 0802 and 0808 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0602, 0802, and 0808 shall be funded with State Aid Construction Funds, General Funds (Infrastructure and Assessments), Water Construction, and Storm Water Utility Construction Funds. Passed this 25`h day of August 2008 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 93 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, August 7, 2008 2008 Street Improvement Project Project #0602 Pursuant to an advertisement for bids for the Street Improvement Project, an administrative meeting was held on August 7, 2008 at 2:00 p.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Les Bloom, North Valley, Inc. Gary Rohling, Arnt Construction Company Trish Carlson, Forest Lake Contracting Steve Thomas, Thomas and Sons Construction, Inc. Peter Bailey, Cretex Concrete Products Keith Sticha, Midwest Asphalt Corp. Al Sjoberg, Landwehr Construction Kevin Hansen, Public Works Director/City Engineer Bids were opened and read aloud as follows: Base Bid with Bidder Base Bid Alt 1 Alt 2~ Alt 2 Midwest Asphalt Corp. $937,401.84 $4,961.90 $14,958.00 $952,359.84 Thomas and Sons Construction, Inc. $983,897.37 $4,679.00 $15,415.95 $999,313.32 North Valley, Inc. $1,053,874.68 * $6,550.00 $39,129.00 $1,093,003.68 Hardrives, Inc. $1,060,787.49 * $4,384.00 $14,418.75 $1,075,206.24 Arnt Construction Co., Inc. $1,063,510.82 * $4,860.00 $13,616.04 $1,077,126.86 Landwehr Construction, Inc. $1,066,420.96 $6,050.00 $18,011.00 $1,084,431.96 Forest Lake Contracting, Inc. $1,121,540.34 * $5,060.00 $21,064.00 $1,142,604.34 * Corrected Respectfully submitted, Carol Broermann Public Works Secretary 94 CITY COUNCIL LETTER Meeting of August 25, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY:~ Licenses NO: DATE: August 19, 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 August 25, 2008. COUNCIL ACTION: 95 List of 2008 Rental Licenses to Approve Occupany I.D. Properly Owner Name Properly Address 10033 Wyman, Veryl E. 1316 43RD 10200 Emme Management Co. 4070 MAUREEN 10508 Anoka County Community Action Prograrr4411 MAIN 20282 Guardian Property Management 3731 PIERCE 30009 First Select Equities 4301 3RD 30040 City of Columbia Heights E.D.A. 965 40TH 30106 Crestview Corporation 4458 Reservoir 20282 Hytham Abdel-Karim 3731 PIERCE 20208 Ahmed AI-Beheary 4916 Tyler 10066 Shirley Apollo 3971 JOHNSON 20026 Shirley Apollo 4801 7TH 10178 Ellen Bach 4415 MADISON 20093 Meredith Bell 4616 Taylor 30171 Alan Berg 4242 3RD 30002 Penelope Brown 3754 3RD 20261 Charles Chen 1207 43 1/2 20062 David Corbin 1 01 3 43 1/2 10007 Marilyn Dalseth 4607 PIERCE 20051 Marilyn Dalseth 4539 FILLMORE 20102 Steven Efterfeld 1100 39TH 20293 Ita Ekah 4600 POLK 20000 Karen Frauly 4622 JOHNSON 20076. Karen Frauly 4636 JOHNSON 12134 Roger Gillespie 1010 42ND 10101 Paul Glynn 4536 Taylor 10240 Passang Gongma 5036 JACKSON 20300 Thomas Gromek 4340 Quincy 34000 Greg Guimont 4310 3RD 30128 James/Patricia Hansen 4609 UNIVERSITY 20099 Jay Harris 1065 POLK 20095 Gerald Lamere 3813 PIERCE 30076 Jamie Lavanier 4545 MADISON 30131 Lorraine Lemke 4643 UNIVERSITY 30133 Lorraine Lemke 4.655 UNIVERSITY 30157 Lorraine Lemke 4649 UNIVERSITY 20258 Willam Lucking 1027 43 1/2 20092 Rose Maciaszek 4351 WASHINGTON 20094 Rose Maciaszek 4357 WASHINGTON 10142 Tanya Moden 1012 45TH 08/19/2008 13:19 gg Page 1 List of 2008 Rental Licenses to Approve Occupant' I.D. Property Owner Name Properly Address 20131 Rafik Moore 12205 Robert Odden 12091 Julio Orellana 12223 Laura Pham 10158 Stephen Popa 10040 Fatemeh Raboodan 10109 Theodore Risk 10123 Kathy Rudnitski 12173 Martin Sieger 12137 Dwight Sonnenberg 10118 Marc Spieler 34013 Martin Terveer 10172 Tsering Thongpatsang 20107 Joesph Tohey 30038 Edward Ukatu 10129 Robert Williams 10027 Dan Yesnes 1401 CIRCLE TERRACE 1203 42 1 /2 4628 JOHNSON 4935 Tyler 4421 4TH 3928 CENTRAL 501 40TH 5122 7TH 1237 43 1 /2 1111 42 1/2 4205 JEFFERSON 4210 Quincy 4230 Reservoir 4125 2ND 615 40TH 4151 Stinson 3854 Tyler 08/19/2008 13:19 s7 Page 2 CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: 2009 Business License Fees BY: Shelley Hanson BYG%//~~~~Q~ NO: DATE: August 18, 2008 BACKGROUND Attached are the proposed business license fees for the 2009 license year and a resolution for the same. License fees were last adjusted in 2000, except for three categories (Contractors, Cigarettes, and Motor Vehicle Sales) that were increased in 2004. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in line with surrounding communities. Staff have reviewed the fees for 2009, and recommend they remain the same as the fees charged for 2008. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008- 183, as there are ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution #2008-183 being a Resolution adopting the 2009 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2008-183 Fee schedule 98 RESOLUTION NO. #2008-183 ADOPTING 2009 BUSINESS LICENSE FEE SCHEDULE WHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2009. Passed this day of , 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 99 2009 BUSINESS LICENSE FEES Effective January 1, 2009 through December 31, 2009. CATEGORY FEES Arcades/Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 Auto Recycling Dealer/Junk Yard $500 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.) $400 Off Sale ($150 Inv. Fee lsttime appl. $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee). Carnivals ($500 deposit & insurance) (PD) $50/day Christmas Tree Sales (FI) (P&Z Comm) $50 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 Contractors (Bond and Insurance) $60 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each Games Of Slcill (PD) $15/Location Plus $15/machine 100 Kennels, Commercial (PD) Plus, per cage CATEGORY Intoxicating Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (Inv. Fee $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (Inv. Fee $500-$2000) Sunday On-Sale Liquor Temporary On Sale (Inv. Fee $500-$2000) "Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'1. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) Pet Shop (PD)(Humane Officer) Pool/Billiard Hall ($100 Inv. Fee) (PD) Popcorn, Candy; Food Catering Vehicles (PD) (Insurance -Public & Vehicle Liability) FEES 101 $50 $10 $8,000 $6,500 $6,500 $8,000 $5,500 $2,000 $200 $100/day Per membership $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,000 . $500 $100 $50 $10 $50 $75 $50 $300 $12,000 $50 $100 $50 Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant $300 Renewal $200 CATEGORY FEES Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($5,000 Bond) First Day $50 Each Additional Day $10 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler $50/day; $100/mo.; $500/yr. B. Transient Merchant $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $60 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1 - 15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 16-30 DAYS LATE 50% PENALTY OVER ORIGINAL FEE OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD - Police Department FI - Fire Department BI - Building Inspector PWD - Public Works Dept S&H - Safety and Health Inspector CF - City Forester ZA - Zoning Administrator AC - Anoka County All New Licenses Must Have Zoning Administrator's Approval. 102 CITY COUNCIL LETTER Meeting of: Aug 25, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Aug. 20, 2008 BY:~~ BACKGROUND/ANALYSIS Attached is the business license agenda for the August 25, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008 and aCigarette/Tobacco License for the new owner of Jerusalem Market. 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. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for August 25, 2008 as presented. COUNCIL ACTION: 103 TO CITY COUNCIL August 25, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Cutting Edge Services 2233 Kings Dr, Woodbury $60 *Adam's Anytime Plumb & Htg 13791 Jonquil Ln N, Dayton $60 *Masonry by Hines LLC 10458 Little Bass Lk Dr, Pillager $60 Brothers Fire Protection 9950 E Hwy 10, Elk River $60 *Vertical Limit Const 811 3rd Ave, Wanamingo $60 Precision Plumbing & Htg 4124 Mackenzie Ct #100, St Michael$60 *Kasper Excavating 26250 64th St ,Becker $60 AM Bldg Maintenance LLC 8132 York Ave So, Bloomington $60 *Bredahl Plumbing Inc 7916 73rd Ave No. Brk Park $60 Hertz Mechanical 19561 Vernon St, Elk River $60 *NAC Mech & Electric 1001 Labore Ind Ct, Vadnais Hts $60 Frattalone's Excavating 3205 Spruce St, St Paul $60 *Optimum Mechanical 3030 Centerville Rd, Little Canada $60 Overgrown Tree Service 14165 Naples St, Ham Lake $60 CIGARETTE/TOBACCO LICENSE PD *Hazem Obeid dba Jerusalem Mkt 4945 Central Ave, Columbia Hts $300 104 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: August 25, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 126975 through 127131 in the amount of $ 1,311,803.66 These checks have been examined and found to be legal charges.against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 105 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 08/21/2008 15:44:25 Check History GL0505-V06.74 COVERPAGE GL540R ******************************************************************************* * * * * L E A N N O * * * * * * * * L E A N N 0 * * * * * * * * L E A N N O * * * * * * * * L E A N N O * * * * ******************************************************************************* Report Selection: Optional Report Tit1e.......08/25/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... thru Journal Entry Ids........... thru Check Number ................ 126975 thru 127131 Project. .................... thru Vendor ...................... thru Invoice ..................... thru Purchase Order .............. thru Bank ........................ thru Voucher .................... thru Released Date ............... thru Cleared Date ................ thru Include Exp/Rev Closing Entries N thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO O1 P4 Y 5 6 066 10 Y Y 106 ACS FINANCIAL SYSTEM 08/21/2008 15 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 08/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT AMERICAN BOTTLING COMPAN 126975 337.98 AMERIPRIDE INC 126976 138.56 BELLBOY CORPORATION 126977 5,636.50 CAPITAL ONE BANK 126978 68.60 CAPITOL BEVERAGE SALES L 126979 18,031.90 CITY OF COLUMBIA HEIGHTS 126980 125,777.98 CITY WIDE WINDOW SERVICE 126981 131.20 COCA-COLA BOTTLING MIDWE 126982 183.30 DEX MEDIA EAST LLC 126983 102.35 EHLERS & ASSOCIATES INC 126984 878.75 EMBROIDERY & MORE 126985 122.02 FLUEGGE/MICHAEL D 126986 1,075.00 FSH COMMUNICATIONS, LLC 126987 61.26 GENUINE PARTS/NAPA AUTO 126988 50.62 GRIGGS-COOPER & CO 126989 41,877.79 HOHENSTEINS INC 126990 3,619.10 INDEPENDENT SCHOOL DIST 126991 245.00 JOHNSON BROS. LIQUOR CO. 126992 34,759.86 JOHNSON'S OUTDOOR SERVIC 126993 2,695.00 LANG/JOHN & JACKIE 126994 161.61 METRO AREA MANAGEMENT AS 126995 40.00 NORTHEAST BANK 126996 280,762.62 OLSON/KAREN 126997 180.00 OLSON/STEVEN I 12699.8 169.45 PAT KERNS WINE MERCHANTS 126999 295.50 PAUSTIS & SONS WINE COMP 127000 5,007.05 PETTY CASH - KAREN MOELL 127001 175.74 PETTY CASH - LIZ BRAY 127002 157..83 PHILLIPS WINE & SPIRITS 127003 14,619.27 PREMIER ASSETS 127004 16.14 PREMIUM WATERS INC 127005 52.50 QUALITY WINE & SPIRITS 127006 23,844.10 SHAMROCK GROUP-ACE ICE 127007 692.86 SZUREK/JOHN 127008 24.99 TAFARRODI/ZAHRA 127009 1,000.00 TRI COUNTY BEVERAGE & SU 127010 165.60 TWIN CITIES TRANSPORT & 127011 391.49 VINOCOPIA INC 127012 2,560.00 WINE COMPANY/THE 127013 2,883.04 WINE MERCHANTS 127014 4,403.38 XCEL ENERGY (N S P) 127015 289.16 AMERICAN BOTTLING COMPAN 127016 91.32 AMERIPRIDE INC 127017 45.23 BELLBOY CORPORATION 127018 28,868.35 CAPITOL BEVERAGE SALES L 127019 10,876.81 CENTER POINT ENERGY 127020 10.12 CERTIFIED APPLIANCE RECY 127021 20.00 107 ACS FINANCIAL SYSTEM 08/21/2008 15 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 08/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CHISAGO LAKES DISTRIBUTI 127022 9,666.02 DANIMAL DISTRIBUTING INC 127023 1,243.89 FAUTECK/CHRISTINE 127024 298.13 FRIDLEY LITTLE LEAGUE 127025 230.00 GRIGGS-COOPER & CO 127026 19,689.54 HOHENSTEINS INC 127027 2,216.15 IDEARC MEDIA CORP 127028 71.25 JJ TAYLOR DIST OF MN 127029 43,823.93 JOHNSON BROS. LIQUOR CO. 127030 18,250.59 KLOIBER, JOSEPH 127031 1,044.00 LIEN/JEFF 127032 35.00 LOOKOUT CATERING INC 127033 2,484..75 MARK VII DIST. 127034 35,823.97 MINNESOTA COACHES INC 127035 541.70 PETTY CASH - LIZ BRAY 127036 98.17 PHILLIPS WINE & SPIRITS 127037 6,764.14 QUALITY WINE & SPIRITS 127038 16,655.32 QWEST BUSINESS SERVICES 127039 541.01 QWEST COMMUNICATIONS 127040 949.20 SARTWELL/SUE 127041 104.00 SHAMROCK GROUP-ACE ICE 127042 741.27 SPRINT INC 127043 125.10 USA MOBILITY WIRELESS IN 127044 117.55 XCEL ENERGY (N S P) 127045 15,196.77 ACE HARDWARE 127046 79.97 ALLIED WASTE SERVICES 127047 812.73 ALLIED-BFI WASTE SYSTEMS 127048 89,883.61 AMERICAN LIBERTY CONSTRC 127049 165,772.33 AMERIPRIDE INC 127050 121.18 ANOKA COUNTY LIBRARY 127051 247.68 ANOKA COUNTY LICENSE CEN 127052 2,981.43 ANOKA CTY - CENTRAL COMM 127053 583.32 BACKES PUPPETEERS 127054 140.00 BAKER & TAYLOR 127055 3,361.84 BAKER & TAYLOR ENTERTAIN 127056 11.24 BENNETT COMMUNITY CONSUL 127057 2,400.00 BONESTROO 127058 1,500.00 CAL-TEX ELECTRIC INC 127059 4,245.00 CATCO PARTS SERVICE 127060 90.76 CCP INDUSTRIES 127061 44.82 CINTAS FIRST AID-SAFETY 127062 60.35 CITY OF ST LOUIS PARK 127063 210..00 CLARK PRODUCTS INC 127064 500.14 COORDINATED BUSINESS SYS 127065 480.88 CSC CREDIT SERVICES INC 127066 25.33 DELEGARD TOOL CO. 127067 14.05 DEMCO MEDIA 127068 86.94 108 ACS FINANCIAL SYSTEM 08/21/2008 15 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 08/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT DU ALL SERVICE CONTRALTO 127069 8,057.59 EMBROIDERY & MORE 127070 41.79 EMERGENCY AUTOMOTIVE TEC 127071 59.51 FEDERAL EXPRESS 127072 12.00 G & K SERVICES INC 127073 1,232.24 GENE'S WATER & SEWER INC 127074 3,646.50 GENUINE PARTS/NAPA AUTO 127075 389.50 GRAFIX SHOPPE, INC 127076 784.00 HD SUPPLY WATER WORKS 127077 1,695.00 HELENA CHEMICAL COMPANY 127078 789.27 INSTRUMENTAL RESEARCH IN 127079 637.80 IPC PRINTING 127080 47.91 KEEP INC/THE 127081 45.83 KENNEDY & GRAVEN 127082 3,573.80 KLM ENGINEERING INC 127083 3,000.00 LUTHER BROOKDALE CHEVROL 127084 48.22 LYLE SIGNS INC 127085 439.70 MAC QUEEN EQUIPMENT CO. 127086 1,476.09 MARTIN-MCALLISTER INC 127087 800.00 MEDTOX LABORATORIES, INC 127088 125.92 MENARDS CASHWAY LUMBER-F 127089 472.30 METRO FIRE, INC 127090 38.86 METROPOLITAN COUNCIL WAS 127091 70,075.34 METROPOLITAN HOME 127092 22.00 MIDWAY FORD 127093 192.96 MIDWEST LOCK & SAFE INC 127094 74.55 MIDWEST TAPE 127095 343.82 MINITEX - ATTN MARY GARC 127096 215.00 MINNEAPOLIS FINANCE DEPT 127097 113,709.23 MINNEAPOLIS OXYGEN CO. 127098 11.89 MINNEAPOLIS SAW CO INC 127099 39.17 MINNESOTA PETROLEUM SERV 127100 28.76 MINNESOTA SAFETY COUNCIL 127101 375.00 MN FALL MAINTENANCE EXPO 127102 200.00 MTI DISTRIBUTING 127103 762.27 NEXTEL COMMUNICATIONS 127104 59.82 NORTHERN WATER WORKS SUP 127105 3,962.68 OFFICE DEPOT 127106 496.46 ONVOY INC 127107 1,254.99 POLLARD 127108 72.63 PREMIUM WATERS INC 127109 19.30 PRO TUFF DECALS 127110 705.81 QWEST COMMUNICATIONS 127111 179.48 RANDOM HOUSE, INC 127112 178.50 RICOH AMERICAS CORPORATI 127113 1,416.04 S & T OFFICE PRODUCTS IN 127114 1,516.29 SCHINDLER ELEVATOR CORP 127115 438.22 109 ACS FINANCIAL SYSTEM 08/21/2008 15 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 08/25/2008 COUNCIL LISTING SEVETT/COREY SHAMROCK GROUP-ACE ICE SHERWIN WILLIAMS SOLBREKK INC STAPLES BUSINESS ADVANTA STAR TRIBUNE SUBURBAN RATE AUTHORITY SUN PUBLICATION INC SWEENEY BROTHERS THOMSON GALE TWIN CITY HARDWARE TWIN CITY SEED CO UNIVERSITY OF MINNESOTA VOSS LIGHTING WHOLESALE TRUCK-TRLR PR 3M CHECK NUMBER AMOUNT 127116 1,250.00 127117 135.85 127118 1,106.14 127119 5,368.90 127120 36.31 127121 459.20 127122 800.00 127123 718.88 127124 162.56 127125 417.71 127126 4,253.73 127127 1,583.66 127128 140.00 127129 155.39 127130 400.31 127131 7,089.00 1,311,803.66 *** 110 ACS FINANCIAL SYSTEM .08/21/2008 15 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06•.74 PAGE 5 08/25/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,311,803.66 RECORDS PRINTED - 001089 111 ACS FINANCIAL .SYSTEM Check History 08/2 1/2008 15:44:27 FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 34,179.38 201 COMMUNITY DEVELOPMENT FUND 3,945.10 212 STATE AID MAINTENANCE 87.59 225 CABLE TELEVISION 1,000.00 240 LIBRARY 7,558.94 261 AFTER-SCHOOL PROGRAMS 606.00 315 SULL-SHORES:TX GO BONDS2008A 208,042.04 373 EDA TIF REV BONDS 2007 76,294.38 376 TAX INCREMENT BONDS 185.00 385 MULTI-USE REDEVELOPMENT PLAN 346.87 389 R8:TRANSITION BLK REDEVELOP 346.88 412 CAPITAL IMPROVEMENT PARKS 165,772.33 415 CAPITAL IMPRVMT - PIR PROD 8,077.59 431 CAP EQUIP REPLACE-GENERAL 3,765.43 436 CAPITAL EQUIP'REPLACE-LIQUOR 4,245.00 601 WATER UTILITY 119,869.96 602 SEWER UTILITY 72,208.83 603 REFUSE FUND 89,883.61 604 STORM SEWER UTILITY 7.87 609 LIQUOR 363,158.88 651 WATER CONSTRUCTION FUND 6,999.33 701 CENTRAL GARAGE 6,366.98 720 DATA PROCESSING 5,988.69 875 FISCAL AGENCY: GIS RANGER 7,089.00 885 PAYROLL FUND 125,777.98 TOTAL ALL FUNDS 1,311,803.66 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS BANK CIiECKING ACCOUNT 1,311,803.66 TOTAL ALL BANKS 1,311,803.66 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 112 CITY COUNCIL LETTER Meeting of August 25, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY~ ~~ Abatement `' ~ DATE: August 18, 2008 DATE: NO: 08-188 to 08-191 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-188 - 954 42"d Avenue 2008-189 - 4522 St" Street 2008-190 - 4100 Reservoir Blvd. 2008-191 - 1272-74 Circle Terrace Bouelvard for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-188, 189, 190, and 191 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-188, 189, 190, and 191 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 113 RESOLUTION 2008-188 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 Jjorge Carpio (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 954 42"d Avenue, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 June 28, 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 July 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 14, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install some sort of protective treatment on all bare wood surfaces on the "lean to" shed behind the garage. Shall install arain-tight roofing material on the roof of the "lean to'° shed behind the garage. 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 954 42"d Avenue 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 114 completed. ORDER OF COUNCIL 1. The property located at 954 42°d Avenue constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 115 RESOLUTION 2008-189 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 Darrel J. Gross (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4522 St" Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 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 I . That on August 6, 2008 the Fire Department was requested to the address above to assist the Police Department and the Coroner's Office in removing a decomposed body. While Fire Department personnel where inside the house it was noted that there was garbage, clutter, human waste, and rotting food throughout the house. 2. That on August 11, 2008 the Fire Department contacted the living reletatives of the deceased property owner in an attempt to gain the cooperation of family cleaning out the house. 3. That on August 12, 2008 the Fire Department received a letter from the family that stated they were unwilling to clean out the house. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 4522 Stn Street Blvd. N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF .COUNCIL 1. That the property located at 4522 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or .tenant, as the case may be, have expired, or such rights have been exercised and completed. 116. ORDER OF COUNCIL I . The property located at 4522 St" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 117 RESOLUTION 2008-190 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 Greenpoint Mortgage Funding (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4100 Reservoir Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 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 August 12, 2008 the Fire Department received a ICR report from the Columbia Heights Police department detailing an incident that occurred at the address listed above. In the report it was noted that the structure was vacant and left unsecured by vandals. 2. That on August 12, 2008 the Fire Department contacted a contractor, DuAll Services, to board up the doors and windows at the address listed above. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 4100 Reservoir Blvd. N.E. 4. 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 4100 Reservoir Blvd N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 118 1. The property located at 4100 Reservoir Blvd N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 119 RESOLUTION 2008-191 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 Mike Sowers (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1272-1274 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 June 27, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 14,2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair and replace the multiple screens throughout the entire property. B. Shall replace the broken front picture windows That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 1272-74 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 120 ORDER OF COUNCIL 1. The property located at 1272-1274 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 121 CITY COUNCIL LETTER Meeting of August 25, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: August 18, 2008 DATE: NO: 08-192 to 08-193 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-192 - 543 Lomianki Lane 2008-193 - 3940 Johnson Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-192, and 193 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-192, and 193 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 122 RESOLUTION 2008-192 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 Rob Machel (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 543 Lomi anki Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 7, 2008 of an public hearing to be held on August 25, 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 June 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 August 7, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. 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 III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8547 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 123 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 124 RESOLUTION 2008-193 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 Erich Rice (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3940 Johnson Street, 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 August 7, 2008 of an public hearing to be held on August 25, 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 June 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 August 7, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit 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 III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8484 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 125 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 126 COLUMBIA HEIGIiTS CITY. COUNCIL LETTER Meetin of: Au ust 25, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development AL APPRO V ITEM: 2nd Reading of Ordinance 1553, being a BY: Jeff Sargent, City Planner BY Zoning Amendment as it relates to Dynamic DATE: August 19, 2008 G~ LED Signage. BACKGROUND: At this time, staff recommends amending the sign code in order to address and control LED and dynamic Signage, in an effort to both stimulate and promote the economic vitality of the city, while ensuring that the Signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. In summary, the proposed ordinance accomplishes the following: Allows for Dynamic LED Signage in all zoning districts with a Conditional Use Permit. Only religious and education institutions may utilize dynamic LED Signage in residentially zoned districts. 2. Prohibits animation, scrolling, flashing, and blinking and videos on dynamic LED signs. 3. Messages may change no more frequently that once every 10 minutes in commercially or industrially zoned districts, and no more than once every 30 minutes in residentially zoned district. 4. Dynamic LED signs may only be used in conjunction with a monument sign. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted to recommend City Council approval of the zoning amendment relating to dynamic LED Signage, with a 3-2 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1553, being ample copies available to the public. Move to adopt Ordinance No. 1553, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1553. Attachments: Ordinance 1553 (2"`~ Readin Format , Dra t Ordinance 1553 1's' Readin Format , P+Z Re ort COUNCIL ACTION 127 ORDINANCE NO.1553 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN,. DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights .manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect illumination. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) minutes for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message snore frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4 and LB zoning districts. Chapter 9, Article I, Section 9.106 (P)(6) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning 128 Commission to deem that the sign, design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a-p) [SECTIONS TO REMAIN UNCHANGED] (q) Variable electronic message signs. Chapter 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All. dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses, except one for which changes are necessary to correct .hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, tune or temperature must not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 129 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non- conforming sign subject to section 9.105 (E). Chapter 9, Article I, Section 9.106(P)(8) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Signs in Residential Districts R-1, and R-2. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] 130 Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Signs in Residential Districts R-1, R-2A, and R-2B. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-1, Single- Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: I . [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the R-l, R-2A and R-2B Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. 131 Chapter 9, Article I, Section 9.106(P)(9) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R-3 and R-4. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (9) Signs in Residential Districts R-3 and R-4. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the R-3 and R-4 Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 132 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106(P)(10) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (10) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] " 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (11) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] 133 (b) Restrictions on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the LB District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a commercial business. 2. A Dynamic LED Sign used in conjunction with a religious institution. 3. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106(P)(11) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (11) Signs in CBD, Central Business District. 134 (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: [SECTION TO REMAIN UNCHANGED] 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or snore from the front lot line, not to exceed 75 square feet per structure, and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding signs not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of land other than a street or alley. 3. If not located adjacent to a state or trunk highway and/or where the 20-foot setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. 7. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an are of the lesser of 20 square feet or '/z square foot for each .front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 135 2. The maximum height of a pylon sign, including its structures, shall not exceed 20 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 3. Any monument sign must be a minimum of five feet from any building or structure on the same lot. 4. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 5. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. 6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. 7. One wall sign per building with an are of the lesser of 20 square feet or '/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 136 1. [SECTION TO REMAIN UNCHANGED] 2. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106(P)(12) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in GB, General Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the GB, General Business District are subject to the following restrictions: I. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] 137 Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in GB, General Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the GB District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106(P)(13) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13.) Signs in I-1 and I-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] 138 (b) Restrictions. Permitted signs in the I-l, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in I-1 and I-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: I . [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the I-1 and I-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. 139 Chapter 9, Article I, Section 9.106(P)(14) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual .use of the subject property. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (16) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. Chapter 9, Article I, Section 9.103(P)(15) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that inchide governmental offices. Such signs shall not exceed forty (40) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the naive of a public city, regional or state park. Such signs shall be no greater than forty 140 (40) square feet in area, shall not exceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed eight (8) feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non-transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106(P)(15) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 141 (15) Minimum yard requirements freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (17) Minimum yard requirements freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 142 DRAFT ORDINANCE NO.1553 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO LED, DYNAMIC, AND OTHER SIGNAGE WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that .incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect .r °N+ ^~a ~^" illumination, ' ' ~ •" ^+°`' gig,"~• SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten (10) minutes for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4 and LB zoning districts. Chapter 9, Article I, Section 9.106 (P)(6) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. 143 (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign, design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a-p) [SECTIONS TO REMAIN UNCHANGED] (q) Variable electronic message signs. Chapter 9, Article I, Section 9.106 (P) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (8) Dynamic LED signage. (a) Regulations Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any 144 special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to section 9.105 (E). Chapter 9, Article I, Section 9.106 (P)(8) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Negulations. {~}(9) Signs in Residential Districts R-1, av~ R-2A, and R-2B. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-1, Single- Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO.REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 145 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs In the R-1, R-2A and R-2B Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (Il) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(S) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(9) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (x(10) Signs in Residential Districts R-3 and R-4. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] 146 (c) Conditional Use signs. In the R-3 and R-4 Districts, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (Ii) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(10) of the Columbia Heights City Code, is -proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (~A)(11) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the LB District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a commercial business. 147 2. A Dynamic LED Sign used in conjunction with a religious institution. 3. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (II) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106 (P)(11) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (x}(12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1, [SECTION TO REMAIN UNCHANGED] ~l /1.. . -F f .a~ ~ • ~~ v. ~.~ i-F fti. ~ ~l.a:.. ~. n4 r., nf..YP lc~` ~-1 rY t b > o ~ ~ ~ ~ ' ~ e 148 ~Lr. 7^ + 1 + ,1 .d' ++ + + +,..,,,L 4.; .T4,.~ rl/ «,t,°«° +L.° ~~ F ~ ~~- 1 + ~° .r°* ^~° One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 4-.3. Any pyleu-er monument sign must be a minimum of five feet from any building or structure on the same lot. ~4. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. ~5. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. ~6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. ~:9. One wall sign per building with an are of the lesser of 20 square feet or '/z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions on permitted signs. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. {SECTION TO REMAIN UNCHANGED] 2. Tl i- 'sl-+ ~ r~ 1 .ate, ^l„rl; -o '+ + ,.+„«°., ~L,.,11 g~t€~ The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. 149 (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (Ii) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(S) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(12) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. {-x}(13) Signs in GB, General Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted .signs. Permitted signs in the GB, General Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs In the GB District, the followings signs shall .require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (Ii) of the zoning code. 150 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106 (P)(13) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (x(14) Signs in I-1 acrd I-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the I-1 and I-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs Signs requiring a Conditional Use Permit in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use. Permit process as outlined in § 9.104 (Ii) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. 151 Chapter 9, Article I, Section 9.106 (P)(14) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. {~-4-}(16) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. Chapter 9, Article I, Section 9.106 (P)(15) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15) Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to ezceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed forty (40) square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than forty (40) square feet in area, shall not ezceed ten (10) feet in height, and shall be located no closer than five (5) feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not ezceed two square feet for each front foot of building or structure. 152 2. The mazimum height of a monument sign shall not ezceed eight (8) feet in height. 3. The sign number and area permitted by this section are considered mazimum. These mazimums, or any portion thereof, which are not utilized by the owner or user of the property are non-transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (Ii) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. (x(17) Minimum yard requirements freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or snore above grade, the leading edge of the sign may extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. 153 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 154 CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2008-0802 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for LED Signage PREPARED BY: Jeff Sargent, City Planner PLANNING REPORT INTRODUCTION On multiple occasions, business owners wishing to incorporate LED and dynamic signage to promote their business have approached the City asking for permission to incorporate this type of signage into their building. The current Sign Code and Design Guidelines specifically prohibit the use of variable electronic message signs, and a code amendment would be required before these businesses could be allowed to use this signage. Much research on dynamic signage has been done, as many other cities have recently amended their ordinance to regulate electronic signs throughout their respective cities. The following report includes the City of Columbia Heights' standards regarding dynamic signage, the different types of dynamic signs available. At this time, staff recommends amending the sign code in order to address and control LED and dynamic signage, in an effort to both stimulate and promote the economic vitality of the city, while ensuring that the signage is not obtrusive, distractive or incompatible with the overall character of the commercial districts throughout the city. WHAT IS LED SIGNAGE AND DYNAMIC SIGNAGEI "LED" stands for Light Emitting Diode, and is the industry-standard way of describing a changeable electronic sign. Per a study conducted by SRF Consulting Group, Inc. for the City of Minnetonka, a definition of Dynamic Signage was given as: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Examples of such signage include Electronic Changeable Copy signs, Electronic Graphic Display signs, Video Display signs, and Time and Temperature signs. Figure 1 is an example of some proposed sign standards used by the City of Bloomington, and shows the difference between the above-listed signs. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. ZONING ORDINANCE Section 9.106 (P)(6)(e - f), Prohibited Signs, lists "an animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof' and "a flashing sign, including indoor flashing, electronic signs visible from the public right-of-way, other than time and temperature signs limited to such time and temperature information", as specifically prohibited in the City of Columbia Heights. The Design Guidelines state, "Variable electronic message signs are not permitted, with the exception of existing time/temperature signs". The zoning code and Design Guidelines would have to be amended to help regulate the use of dynamic signage throughout the city. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing Page 2 156 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. Allowing dynamic signage is a way to enhance economic vitality by giving the commercial owners a mechanism to advertise their business in an efficient and aesthetic manner. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city and not solely for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken .place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION If the City Council chooses to allow all or certain types of dynamic signs, Staff recommends that regulations be imposed on such signage. Recommended Regulations Include: • Allowing such signs only in the CBD, GB, MXD, and PO Districts. • Allowing high schools and religious institutions the use of such signs, regardless of the zoning district they are located in. • Prohibiting motion, animation and video electronic signs. • Restricting the time duration of message changing to no less than once every 10 minutes in non-residential zones and no less than once 30 minutes in residential zones. • Allowing electronic signs only as a component of a monument sign. • Limiting the electronic signs to occupy no more than 50% of a monument sign. • Requiring an automatic dimmer control. • Requiring electronic signs to be no less than 35 feet from other electronic signs. If the City Council chooses to prohibit electronic and dynamic signs, Staff recommends that the current City Code be amended in order to clarify that these types of signs are indeed Page 3 157 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, LED Signage Case # 2008-0802 prohibited. A definition of electronic and/or dynamic sign should be added to the Code with specific references made to them in the text. However, staff also recommends that gas station price signs be exempt, and electronic signs may be allowed to display gas prices only, with no limitation to the number of times during the day in which the price may be changed. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments Draft zoning ordinance Figure 1 Page 4 158 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2°a Reading of Ordinance 1554, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates Garage Sales. DATE: August 19, 2008 BACKGROUND: The City of Columbia Heights has received some concerns regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. At this time, staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted to recommend City Council approval of the zoning amendment relating to garage sales, with a 3-2 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1554, being ample copies available to the public. Move to adopt Ordinance No. 1554, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1554. Attachments: Ordinance 15542"d Reading Format), Draft Ordinance 1554 (1'" Reading 1+'ormat), 1'+~ COUNCIL ACTION 159 ORDINANCE NO. 1554 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(G)(1) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location. Is thereby amended to read as follows: §9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days at any residential location. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: 160 Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 161 DRAFT ORDINANCE NO.1554 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (G)(1) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to ~ *^+ no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to ezceed three (3) consecutive days at any residential location. .Section 2: This ordinance shall be in frill force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 162 CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2008-0803 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Garage Sales PREPARED BY: Jeff Sargent, City Planner PLANNING REPORT INTRODUCTION The City of Columbia Heights has received some concerns regarding the number of garage sales that are permitted per property per calendar year. The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation. per calendar year at any residential location". Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. An article has recently been written in the paper (attached), listing the number of garage sale events allowed in some cities. Staff conducted some research and found regulations for other cities not mentioned in the article. They are: 1. Edina: 1 per year 2. Minneapolis: 2 per year 3. Maplewood: 2 per year 4. St. Louis Park: 2 per year 5. Richfield: 3 per year 6. New Hope: 3 per year 7. Maple Grove: 4 per year 8. Bloomington: 4 per year 9. Crystal: 4 per year At this time, staff recommends amending the zoning code to allow for no more than two (2) garage. sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. 163 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Garage Sales Case # 2008-0803 COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than two garage sales per property per calendar year, the city would be allowing activities normally conducted in residential neighborhoods, while ensuring that residents do not turn garage sale events into commercial activities. The ordinance change would also preserve the housing stock by making sure that neighborhoods remain uncluttered with constant garage sale traffic. ZONING ORDINANCE The current zoning codes states, "residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location". Staff has realized that this would be very difficult to enforce, and recommends amending the zoning code to restrict the number of garage sale events per calendar year. The proposed change would restrict the number of garage sales per calendar year to two. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and would ensure that activities conducted in residential neighborhoods are those normally found in such zoning districts. The amendment would also ensure that properties would not be able to turn garage sale events into commercially related activities. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4.. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such Page 2 164 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Garage Sales Case # 2008-0803 property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the zoning code to allow for no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. The purpose of this amendment is for the city to have an easier way to measure the number of garage sales conducted on a property. The intent is that the enforcement of this provision would only occur upon complaints being made against the property operating the garage sale. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment, requiring that no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days. Attachments Draft zoning ordinance Garage Sale Article Page 3 165 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting o£ August 25, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER' S Resolutions Community Development APPROVAL NO: ITEM: 2°a Reading of Ordinance 1555, being a BY: Jeff Sargent, City Planner BY: Zoning Amendment as it Relates to Real Estate DATE: August 19, 2008 Signs. BACKGROUND: The City of Columbia Heights has received some concerns regarding the number and size of residential real estate signs allowed in the City. Staff conducted a survey of the sizes of various real estate signs used by different real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted unanimously to recommend City Council approval of the zoning amendment relating to real estate signs, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1555, being ample copies available to the public. Move to adopt Ordinance No. 1555, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1555. Attachments: Ordinance 1 S55 2"`~ Readin Format , Dra t Ordinance 1 SSS 1 S` Readin Format , P+Z Re ort COUNCIL ACTION 166 ORDINANCE NO.1555 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REAL ESTATE SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(P)(5)(i)-(o) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) One temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of 1 square foot of sign area for each 1,000 square feet. No such temporary on-site sign shall exceed 8 square feet nor remain past the date of termination of such offering. (j) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. (k) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of 2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. 167 (1) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (m) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of 1 square foot of signs area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of more than 120, whichever is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. ' (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) In residential districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and fifteen (15) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven (7) days past the. date of termination of such offering. (j) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and thirty-two (32) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven (7) days past the date of termination of such offering. (k) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project, 168 (1) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of 2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (o) In commercial or industrial districts, one temporary on-site banner or pennant advertising the sale of the lot or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant advertising the lease or rental of a tenant space, provided that the banner or pennant shall not exceed forty-eight (48) square feet in area when advertising the sale of the lot or premises, and thirty-two (32) square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: 169 Patricia Muscovitz, CMC City Clerk/Council Secretary 170 DRAFT ORDINANCE NO. 1555 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REAL ESTATE SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(5)(i)-(o) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this .section shall not apply to the following signs: (i) In residential districts, one temporary on-site, freestanding real estate signs advertising the sale, lease, or rental of the lot or premises upon which such signs aye is situated, provided the °.~.,~.:~°'' ^~°^ °~ ^~~^'' ^~^~~° ~ *~ Y~ a _~~~~~ ~ ~ r eµcb , ~nnn_~~~u~e ~ e~ sign does not exceed siz (6) feet in height and fifteen (15) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall ~^°°~' 4 ^^~•^~° ~ °+ r°~ remain seven (7) days past the date of termination of such offering. (j) In commercial or industrial districts, one temporary on- site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and thirty-two (32) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven (7) days past the date of termination of such offering. {-j~(k) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. 171 ElF}(1) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of 2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (~}(m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (-~-}(n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. {~r}(o) In commercial or industrial districts, one temporary on- site banner or pennant advertising the sale, '°°^° ^~ ~°„+^' of the lots or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant advertising the lease or rental of a tenant space, provided that +i.° +^+°' °~°„ ~.~....,.., ~..~.. ~~ ... ..............~ .., ~~.,~. ~..., ,......,_ ...., ....,r.~~ r,.,...,_, __- ~--_ ___--~ __~_ ~ , a•.,..~°„ ° ~,,,~„°~ ^ ,.°,,,,°n+ , „+;i „+ i°„~+ ~~,a°~.~ ~,.,..° °i°,-.~°,a the banner or pennant shall not exceed forty-eight (48) square feet in area when advertising the sale of the lot or premises, and thirty-two (32) square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: 172 Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 173 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0804 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Real Estate Signs PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City of Columbia Heights has received some concerns regarding the number and size of residential real estate signs allowed in the City. Staff conducted a survey of the sizes of various real estate signs used by different. real estate companies. The sizes of signs ranged from 6 square feet to 14 square feet, depending on the company. Two sections of the sign code currently address real estate signage. The first is at Section 9.106 (P)(5)(i), referring to signs in which the provisions of the code do not apply. It states as follows: (i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of 1 square foot of sign area for each 1,000 square feet. No such temporary on-site sign shall exceed 8 square feet nor remain past the date of termination of such offering. The second reference is at Section 9.106 (P)(5)(n), referring to signs in which the provisions of the code do not apply. It states as follows: (n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of 1 square foot of signs area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such banner or pennant need be less than 32 square feet. No such banner or of Columbia Heights Planning Commission ust 6, 2008 City of Columbia Heights, Real Estate Signs Case # 2008-0804 pennant shall remain past the date of the offering or be displayed for a period of more than 120, whichever is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. Staff feels that these two sections need clarification as to the types of signs allowed, the number of signs allowed, and for what zoning districts they apply. Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining the sign code in relation to commercial and industrial real estate signage. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to promote and preserve the single-family housing stock as the community's strongest asset. By amending the zoning ordinance to allow no more than one residential real estate sign per property at a fifteen square foot limit, the residential housing stock will be protected from properties with large amounts of signage. ZONING ORDINANCE The proposed ordinance amendment will affect all areas of the city. The proposed changes to the ordinance will help clarify what is allowed in each zoning district. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The amendment is consistent with the Comprehensive Plan, as it would help preserve the city's single-family housing stock as its strongest asset. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect the entire city and is not for the benefit of a single property owner. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Page 2 175 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Real Estate Signs Case # 2008-0804 The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the sign code to allow one residential real estate sign per property, at a maximum of six (6) feet in height and fifteen (15) square feet in area. Staff also recommends retaining and clarifying the sign code in relation to commercial and industrial real estate signage. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 3 176 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Au ust 25, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2"a Reading of Ordinance 1556, being a BY: Jeff Sargent, City Planner BY: /~~ ~ Zoning Amendment as it Relates to DATE: August 19, 2008 ~ ~~~ ~/~// Governmental Temporary Signs. BACKGROUND: The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this tune, staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted unanimously to recommend City Council approval of the zoning amendment relating to governmental temporary signs, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1556, being ample copies available to the public. Move to adopt Ordinance No. 1556, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1556. Attachments: Ordinance 1556 (2"``Readin Format), Dra t Ordinance 1556 1'~` Readin Format), P+Z Re ort COUNCIL ACTION 177 ORDINANCE NO. 1556 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(P)(5)(g) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt .Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (Q) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 178 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 179 DRAFT ORDINANCE NO. 1556 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(5)(g) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: , 2008 Second Reading: , 2008 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 180 CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2008-0805 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide PLANNING REPORT REQUEST: Zoning Amendment for Governmental Temporary Signs PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City's sign code currently does not address temporary signage that a governmental entity might display to promote citywide events. As currently allowed, the City would have to obtain a permit and display the sign on a governmental building. Also, the City would only be allowed to obtain four permits per year. This requirement is restrictive and would not allow the city to promote activities and events to the general public, as it should. At this time, staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. ZONING ORDINANCE The current zoning ordinance does not address signage for governmental entities to display. The proposed amendment would allow for the city to display signage at its discretion in order to promote city functions and events, such as the Jamboree, blood drives, etc. City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights, Gov't Temp Signs Case # 2008-0805 FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to support intergovernmental efforts that benefit the community. Allowing temporary signs that promote citywide functions and activities would benefit the community. For this reason, the proposed amendment is consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow the city to promote public events and functions. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. RECOMMENDATION Staff recommends amending the sign code to allow for the city government to display temporary signage to promote citywide functions, at its own discretion. This is consistent with the practices of many other cities in the metro area. Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments • Draft zoning ordinance Page 2 182 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: Au ust 25, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROV ITEM: 2nd reading of Ordinance No. 1552 being BY: Jeff Sargent, City Planner BY: an Ordinance to vacation of a portion of Jackson DATE: August 19, 2008 Street for 825 - 41st Avenue. BACKGROUND: At this time, the City of Columbia Heights is requesting the approval of the second reading of Ordinance 1552, vacating a portion of the Jackson Street right-of--way, in conjunction with the construction of the new public safety building located at 825 - 41St Avenue. The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section ofright-of--way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on August 6, 2008. They voted unanimously to recommend City Council approval of the Preliminary Plat and the proposed vacation of a portion of the Jackson Street right-of--way, with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1552, there being ample copies available to the public. Move to adopt Ordinance No. 1552, being an ordinance to vacate a portion of Jackson Street for 825 - 41st Avenue. Attachments: Ordinance 1552: P+Z Memo COUNCIL ACTION: 183 ORDINANCE NO. 1552 BEING AN ORDINANCE VACATING A PORTION OF THE JACKSON STREET RIGHT-OF-WAY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Jackson Street N.E., lying within the plat of NORTHWESTERN 2ND ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest corner of Lot 1, Block 1, Northwestern 2°d Addition, Anoka County, Minnesota; thence North 00 degrees 02 minutes 27 seconds East, along the Westerly line of said Lot 1, a distance of 359.87 feet; thence South 89 degrees 36 minutes 35 seconds East, along the Northerly line of said Lot 1, a distance of 129.01 feet to the westerly right of way line of Jackson Street N.E., and the point of beginning of the line to be described; thence continuing South 89 degrees 36 minutes 35 seconds East a distance of 60.00 feet to the easterly right of way line of said Jackson Street N.E. and there terminating. Section 2: The vacation of the right-of--way described above s11a11 be subject to the following condition: [None at this point] Section 3: 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: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CMC City Clerk/Council Secretary 184 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0801 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 825 _ 41St Avenue REQUEST: Preliminary Plat Approval, Vacation of Jackson Street right-of-way, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting three approvals in conjunction with the construction of a public safety facility located at 825 - 41St Avenue. They are as follows: 1. A Preliminary Plat approval. 2. The vacation of a portion of the Jackson Street right-of-way. 3. A Site Plan Approval. In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. This site had been purchased by the City of Columbia Heights for future redevelopment opportunities, and meets all the logistical criteria for the new public safety building. On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. BACKGROUND The necessity for a new public safety building is a function of a lack of space and poor building conditions of the current police and fire stations. The following addresses the City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 current condition of the Police Department facility: 1. 1'he current building is structurally and mechanically obsolete. a. The building leaks when it rains or when the air conditioning units freeze up. b. Major repairs are needed to foundation and exterior of building. c. The building has mold issues that are routinely addressed. d. The building does not create a positive environment to attract talented professionals as police officers and civilian employees. 2. Lack of detention areas a. Detained parties are currently handcuffed to a bench in the hall area outside of the squad room. This creates issues when we have multiple detained parties and/or Juveniles that should not be held in the same areas as Adults. b. Not being able to keep suspects separated can impede investigations. c. The Intoxilyzer used for testing drunk drivers is also located in this hallway. Processing of drunks in this area when other police activity is taking place becomes extremely difficult. d. At times, civilian employees need to walk through a secure area in which prisoners are present to use restroom facilities. Occasionally, these prisoners may not be handcuffed so that testing, such as breath tests, etc. can be preformed. This could lead to dangerous situations. 3. Lack of secure garage space a. Prisoners are brought to the station for interviews and, in most cases, have to be released from the secure area of a squad car out into the open before being brought into the police station. This creates an unsafe environment for the officers and the public, with the possibility of the subjects trying to escape. b. The one sally port currently in the station is also used for storage, and as the evidence processing area. This creates issues when policemen are trying to bring prisoners into the building using this garage. c. At times the police department needs to hold a vehicle as evidence to be processed when it is used in a crime or it is a reported stolen car. The station currently does not have a secure area in which to do this. Either the one stall sally port is used, or the vehicle is stored at the city garage with police line tape around it. This creates a very unsecured custody of the police evidence and Page 2 186 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 could be challenged in court. 4. Lack of work space a. 17 Officers share a 140 square foot squad room. b. Some officers also use the squad room as a lunchroom. c. There is only one adequate work area in the current Police Station. d. 3 Sergeants share a 75 square foot office. e. 3 Corporals share a 48 square foot former closet as an office. 5. Lack of storage space a. Items are stored on the floor, above shelves, and anywhere else space can be found. b. At times this is dangerous because items may become a potential weapon when suspects or detained parties are held in the area they are stored in. c. The Records Area has no storage space, and has required the police to use a holding cell for records storage. d. All hallways double as storage areas for files and cabinets. Each of these cabinets and files holds information vital to the members of the department performing their duties. e. The Captain, four Investigators, two Community Service Officers, and the Investigative Secretary share a former double garage area for storage. 6. There are no iinterview rooms a. There is no office space available to take walk-in reports. b. The conference room is used as an interview room (both suspects and victims), report writing, storage area, and meeting room. c. The Police Chief's Office is used as a backup interview room. 7. Inadequate Property and Evidence area a. This area is only 125 square feet, which is less than~a 1/3 of the space that is needed for the amount of property and evidence dealt with. annually. The Police Department is required to keep evidence for six months after a case has been Page 3 187 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 decided by the.courts. As it could take up to a year for major cases to go to court, the Police Department could have the evidence for two or more years. 8. There is no secure parking area. a. Police vehicles now carry very expensive equipment and weapons that could be stolen and/or vandalized in an unsecured area. 9. There is no break room. a. When Officers are on duty their lunch and break time is built into their daily shift. This means that if there is a call for help, or an in-progress call, the officer will leave their lunch or break and go to the call. It is very difficult at a restaurant to leave your lunch or break and then return to finish it. A break room would allow officers to do this, while ensuring that their food or drink have not been tampered with. 10. The current building was built prior to computerization. a. Computers are now an integral part of police work and are required to perform policing. b. All cable wires in the building are exposed and possibly not up to code. c. There is anever-present increased risk of computer malfunction because of this. 11. Front lobby stairway is not ADA compliant a. This requires personnel to assist customers in the training room instead of in the main lobby. b. At times people reporting crimes are interviewed in the lobby due to all other space being used for other purposes. During these times, other citizens come into the police station looking for assistance. This creates a very chaotic situation, with multiple people looking for service in a very small foyer area. 12. Lack of separate restroom facilities for the public, employees, and detainees. 13. Locker Room space is not adequate a. The Police Station currently has one unisex locker room used by the 25 members of the department, both male and female. b. There is one bathroom facility in the locker room with one shower stall. c. Lockers are not adequate for the equipment officers are required to carry. Page 4 188 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 The original Fire Station was built in 1942, with the addition of the City Hall and Police Station in 1959. Between 1977 and 1978, another addition to the Police and Fire Station was built, including the Council Chambers. Since that time, there were significant electrical/mechanical and roof upgrades to the building done in 1989, however, there has been no other significant remodeling or upgrades to the building for 18 years. The following addresses the current condition of the Fire Department facility: 1. Bays a. The floor drainage is poor due to sloping issues and drainage system inadequacies. b. The oxygen filling station and air filling stations are not in a separate room from the truck bays. c. There is not enough space for the wall gear racks to be positioned away from direct sunlight. d. The truck bays are too small. There is not enough space from the sides of the trucks to the walls. The overhead doors are 12' x 12', which is too small for the bigger trucks built today. The bay ceilings are too low. The ladder truck can only fit into one space, with 4 inches to spare, which .leaves no flexibility in emergencies. The two center bays (part of 1942 station) are small and can only fit small rescue vehicles. e. The bay ventilation is poor. The truck exhaust system works, but many parts are broken and are not used. The make-up air unit only helps two bays on one end due to the layout of the bays. f. There is inadequate storage space for equipment and supplies. 2. Living Area a. Current living area is the truck bays of the original 1942 station. The floor is uneven, with up to a two-inch drop. b. The living area is not private or secure. Currently, other city staff regularly cuts through this area to access the Police Department or Administration areas. c. No windows create acave-like atmosphere. d. The bedrooms are too small. There are also no windows for emergency egress. Each bedroom is shared by three firefighters. The lockers are inadequate.since they are used for personal storage and for individual work materials. Page 5 189 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. The kitchen was remodeled by firefighters in 1992. The cabinetry has been delaminating and countertops are in need of replacement. The kitchen floor is very uneven due to different slab levels from 1942. The plenum space above the living area does not meet code due to the space being used to run non-compliant wiring. g. There is only one unisex bathroom/shower for fire station. The bathroom /shower also doubles as the biological contamination cleaning area for firefighters. 3. Watch Office a. The two workstations are adequate for the on-duty crew conducting daily work. The full-time firefighters, however, need individual workstations for their projects, files and material storage. b. The watch office does not have a direct view of the outside, or four of the six apparatus bays. c. The public is brought into this room to conduct blood pressure checks. There is a need for separate, private space for blood pressure checks to meet privacy requirements. 4. Basement a. Part of the 1942 station. b. The basement is constantly wet, moldy, and unventilated. This area is used as the only on-site fitness room, and is too small to serve. this purpose. c. Many of the water and sewer lines date back to 1942. These water lines are narrowing. 5. Offices a. A hallway separates the Chief and Asst. Chief's office, which is not functional. The offices are too small, with a low ceiling in the Asst. Chief's office. The space was originally built and used as police car garages from 1959 to 1964, and converted to office space in 1964. b. The plenum space above ceiling does not meet code. This space is currently being used as storage space, and has non-compliant wiring. c. There are no windows to the exterior. d. The thermostat in Community Development office controls the HVAC system. Page 6 190 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. There is inadequate office space for storage of plans, books, and manuals. f. There is inadequate space to spread out and review plans. 6o Training Room/EOC a. The training room is to small due to the surrounding being used for the storage of equipment, supplies, and files. b. The ceiling is too low, making it difficult to view the screen at the front of the room. c. Very little of the room is prepared for the use as an Emergency Operations Center. d. The room is minimally up to modern standards for training technology. 7e General a. The entire building is not sprinkled. b. The building's fire alarm system is old and not up to code. c. There have been insect and mice problems for many years in the building. d. The number of close proximity parking spaces for firefighters answering calls is limited. The need for a new public safety building is apparent, and the City Council has hired Buetow and Associates to help design the new building. There has been much input given to Randy Engel, the Principal-in-Charge architect with the firm, to address all the concerns of the current public safety facility. Mr. Engel and his team have designed a building that meets today's standards for a functional and civilian-friendly facility. City staff also held a neighborhood meeting that took place on July 24, 2008, to help address some concerns that neighboring property owners may have regarding this project. A common concern from the neighboring property owners is the amount of noise that will be generated from the police and fire vehicles leaving the site. The Police and Fire Departments are aware that the new building will be located in the middle of a residential area, and will do everything they can to reduce the amount of noise generated from the emergency vehicles. Because of the building's proximity to Central Avenue, and the fact that Central Avenue is one of the main arterials of the city, most of the emergency vehicle traffic will be directed to Central Avenue first, away from the residential properties to the west. COMPREHENSIVE PLAN Page 7 191 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 Promoting the health, safety and general welfare of the public is a consistent and over- arching goal of the Comprehensive Plan. By constructing a new public safety building, the city will be able to provide better and more efficient police and fire services to Columbia Heights. For this reason, the proposal is consistent with the Comprehensive Plan. ZONING ORDINANCE On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. The surrounding area is all residentially zoned, with Medium Density classifications tothe south and east, and One and Two Family classifications to the north and west. Preliminary Plat The city has decided to plat the current property to make it easier to record the new necessary drainage and utility easements. The existing drainage and utility easements will be vacated through quitclaim deeds prior to the approval of the final plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section of right-of-way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. Site Plan Approval Randy Engel and David Olds from Buetow and Associates spent a considerable amount of time designing a building that is both functional and aesthetically appealing. Throughout. the design phase of this project, much thought was put into where the best location of the building would be, in relation to the existing topographic grades and the best access to the majorthoroughfares inthe city. The final design places the building on the south end of the property, adjacent to, and facing 41St Avenue. BUILDING DESIGN. The 43,000 square foot public safety building design utilizes a traditional approach, with the entire of the building constructed of brick, stone and glass. Some of the building features include arched windows, turned-down gooseneck lighting, and a bell tower. The Police Station area of the building ranges from 14 feet to 21 feet in height, while the majority of the Fire Station will be 28-32 feet in height. The bell tower is the highest portion of the building, with the edge of the masonry at 39 feet in height. PARKING. The 43,000. square foot public safety building has approximately 12,500 square feet of office space and also incorporates a 1,400 square foot Emergency Operations Center (EOC). The City Code requires one parking stall for each 300 square feet of office Page 8 192 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 space and one parking stall for every 3.5 seats in an assembly place, based on design capacity. In total, the public safety building requires 42 parking spaces for the office component and 27 parking stalls for the EOC, based on a maximum seating capacity of 94 people. In total, 69 on-site parking stalls are required. The site design includes 113 surface parking stalls with an additional enclosed parking stalls used for the emergency vehicles. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 825 - 41St Avenue has approximately 1,008 feet of street frontage along 41St and 42"d Avenues and Jackson Street, and incorporates 113 surface parking stalls. This requires twenty regular trees and six over-story trees. The proposed plans indicate a total of 79 trees, all of which are over-story trees, meeting the City's minimum requirements. One of the main efforts in the landscaping design was to place trees and shrubs in a manner that would help aesthetically and functionally screen the building from adjacent residential views. A City Code requirement is to screen the parking lot area from adjacent residential properties with a screening mechanism that provides an 80% opaque screen on a year-round basis. There are two parking areas adjacent to residential properties. The eastern property line abuts a townhouse development, however the parking lot area will site approximately 10 feet above the abutting grade. This land will be retained by a wall, which will provide the necessary screening. The western property line abuts several single-family homes.. The landscape plans indicate the use of a decorative, 4-foot wrought iron fence with a mix of deciduous and coniferous trees to provide screening. However, in order to maintain 80% opacity, some of the deciduous trees will be replaced with conifers along those sections directly adjacent to the residential homes. FINDINGS OF FACT Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of §9.115. Code Section 9.115 is the Subdivision Regulations. The preliminary plat application meets all the requirements outlined in this section. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed preliminary plat is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. Page 9 193 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The preliminary plat includes a vacated section of the Jackson Street right-of-way in an attempt to promote good planning design principles. The vacation of the right-of- way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. The City Engineer has reviewed the preliminary plat and has approved the proposed easements throughout. Vacation Section 9.104 (I) of the Columbia Heights zoning code requires that the City Council make each of the following findings before vacating a street, or other public alley orright-of-way: No private rights will be injured or endangered as a result of the vacation. The entire portion of the Jackson Street right-of-way to be vacated is bounded by the property located at 825 - 41 Sr Avenue. The vacation of the right-of-way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. 2. The public will not suffer loss or inconvenience as a result of the vacation. The previous use of the proposed right-of-way to be vacated was as an access into the NEI School's parking lot. The proposed use of this land is also a driveway to gain entry into the public service building property. For this reason, the public will not suffer any loss or inconvenience as a result of the proposed vacation. Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The site plan meets all the requirements for setbacks, on-site parking stalls, landscaping and storm water management, and conforms to all other applicable requirements of the code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive. plan. The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. 3. The site plan is consistent with any applicable area plan. Page 10 194 City of Columbia Heights Planning Commission August 6, .2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 There is no applicable area plan for this section of the city. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The building and related parking lot meets all the required setbacks as established in the zoning code. Ample screening from adjacent residential views has also been incorporated to ensure that there will be no adverse impacts on the property in the immediate vicinity and public right-of-way. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. I would recommend limiting construction site access to 41St Avenue and prohibiting construction access from Jackson off of 42nd Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on 41St Avenue. 7. All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 10.Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11.An NPDES permit will be required, at the time of construction. Additional erosion. Page 11 195 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin -all parking lot runoff should be presettled - CB 5, 6, and 7 should have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 14. The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16. Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18.A11 utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Motion: That the Planning Commission recommends approval ofthe requested vacation of a portion of the Jackson Street right-of--way as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: Move to waive the reading of Resolution No. 2008-PZ14, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ14, being a resolution approving a site plan for the City of Columbia Heights Public Safety Building located at 825 - 41St Avenue. Attachments • Location Map Preliminary Plat • Site Plans Draft Preliminary Plat Resolution Page 12 196 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 • Draft Vacation Ordinance • Site Plan Resolution • Engineering Notes Page 13 197 PRELIMINARY PLAT OF _ u m= COLLiMBIA HEIGHTS PLiBLIC ow ~ >N SAFETY CENTER FIRST ADDITION ; x~ ~ I s.nRxc~ _ ~~ ~ ~~ ~ i ~ ~ '~' ~~~ ~~. ~. :~ _ _ a ~ CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA °~ - -_ ~ ~ ~ NDam - =: °~ ~ ir rY ~ _ ~ - -.~. - , SELIION 35. T30N. R24W ~. ~T. I r ~~ n^' _ I ___- ... ~ o,;. ~ '~ ~r vwc v 55 v • vv ~`,~2`'.""'m" it ] _ ~~ ~ I ' '` - - - - - - - ~ e B .m, ECU OESCRivnoN , ~ ~ ~ ~ __ •° ~0~ ~ a L _ ~I,, 1 ~ ~ ~ ~` I ~° ~••n~y~s I POR110N ~ s ~ ~i °~~ OF WMR~Ntt 0® OOG ND. 1RYR6BR '^ ° ~ I I Ip _ ~~:~ kt a ~ l .~m ~:,:N,u.., ~ t~M m~: ~ r - ~ ~ _ _ _ `. 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OB 421.. -~'----a-.~_ ~ ^..z .Y 41ST AVEN s ~9~IWiW •N°P~ROF~o~ ~`~ KEMPER & ASSOCIATES INC. °° you, ~,~N ~ ~ ~°~ xcvrnaou~ .uwu•c Ym°r~rvnx v.am~en ww YZ ~ ~ ~~ ~L. mZ F1000 ZONE ~ `", mm r ~ F°x ss,-uo-mm gg ~ vi 3't . u sou wren. ,,..,..mow « ;,m ~~~Ra ,~in~mwn~xm'c i°r Fbs V) xR ~ CERTIFICATE OF SURVEY ^ "~„"'o- „>a~,°FE~~E ,~° ~° v, _ - Km COUNTY OF ANOKA COLUMBIA HEIGHTS PUBLIC SAFETY CENTER FIRST ADDITION U 1 ~ SECTION 3S, T30N, R2 4W KNOW ALL NEN ttt THESE PRESENTS Thv! 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Aloe m a rc arc n highrvya b by tlwignub6 Hm muwtl Ne mma to by wmym mtl pla[t4tl ov C0.UNBIA HBplTS PYBLIC SAFETY CETTIEN FlRST pDOITON mW dv mrcby aonob and tletl'wb m W public fx publk uw larcver Yle drvinega an0 uYlity wgnmb m vhmn on My plot ark O. NYnpx, Pmfmiond Lmtl Surnyar YlnnmvW tlmnw No. 1B/OY 5IATE OF MINNESOTA CWNtt a In riMew rM1ercaf mitl City at Calumblo HvlgM1b Ecmemk Deualepment AuMorlty hm auW Mew prwnb b be eignetl by W pwpx aXkr Mis _ tloy el 4D~ The furegeing Surwyvra CxtMwb raa acknurletlgetl behrc me Mle _ tloy of 20_~ by Yoh D. Kampx. Lund Surveyor. JLIlE!_ Notary Public raunty, Nmn.wb Ny Cammbvbn Explrw SFAIE OF MINNESOTA CWNtt OF The (xegoln9 IneMmml roe acknarNtlgetl baton me thb _tloy of 30_ by ~_ of City of Ldumblo HalgM1b Ewnomie Dewlopmenl AuMadty. a pvlitlevl wbdWlon vt My Stote of MlnnewW. m behalf er wltl pMtkdwbdvlabn. Nelmy Publlc Lmnt Minnevb Y• My CommWlon E+alrav qtt OF CIXLYBIA HFlOH15. YINN60Tp We hnaby ortify thot the CNy Council of Me City of Cdumbb Wighb, MMnamM tluly e¢eFtM antl epprcwd Mie plat of CDWMBIA HEIGHTS PUBLIC SAFELY CENTER FlRBF ADDINDN at o regular meeting held NL _ tloy of ]ll~ If oppl'mbb. Me rritf.n cummmb mtl racummmdetivnv of Me CanmmMnx of Trnaporfation and Me Cmnt~ Hkyhroy Enginwr hove bean ncdwd by Me Clty a the prewrMM JD tloy piled hm elapavE rbhout receipt of wA c mmb and rccpmmmtlpdm4 m prwidN by YMnepty Stvbde4 Section SCS.0.1 Sub6 2 By Myer Checketl and approved Mb _ day of TDB By Anukv Cwnty Sumyx %61IPER & ASSOCIATES INC. SHEET 1 OF 2 SHEETS COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administration APPROVAL ITEM: Second Reading BY: Walt Fehst BY: ~/f~ Ordinance 1551 DATE: August 19, 2008 DATE: NO: Background: The City Attorney presented this item to the Charter Commission on April 17, 2008. Commissioners were advised that the duties of the City Clerk and City Treasurer would be performed by separate individuals, requiring updating the City Charter to reflect the change. One reason for the separation of duties in these roles is in support of accounting controls and audit purposes. He reviewed the City Charter with them, pointing out all instances where the City Clerk and City Treasurer are specified and identified the changes set forth in the proposed ordinance. The second reading of these changes to the City Charter were presented at the July 17, 2008, Charter Commission meeting. The motion was made to forward the changes to the City Council. The first reading of the Ordinance by the City Council was held on August 11, 2008. Recommended Motion: Move to waive the reading of Ordinance No. 1551, there being ample copies available to the public. Recommended Motion: Move to adopt Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. COUNCIL ACTION: 200 ORDINANCE NO. 1551 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 55, CHAPTER 7, SECTION 66, AND CHAPTER 8, SECTION 77, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO SUBORDINATE OFFICERS, LEVY AND COLLECTION OF TAXES, AND LOCAL IMPROVEMENTS, HOW MADE The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 55, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by afour-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, passed June 11,1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council. The council may by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, passed June 11,1984) Chapter 7, Section 66, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: LEVY AND COLLECTION OF TAXES. The city clerk shall transit to the county auditor anmaally, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and 201 payment thereof shall be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: LEVY AND COLLECTION OF TAXES. The city Treasurer shall transmit to the county auditor annually, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment thereof shall be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. Zoe To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. IS HEREWITH AMENDED TO READ AS FOLLOWS: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four-fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. 203 To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness,. the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By; Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 204 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Administration APPROVAL ITEM: Second Reading BY: Walt Fehst BY: Ordinance 1535 DATE: August 19, 2008 DATE: NO: Background: For over thirty years the City of Columbia Heights has not had a City Clerk position. At some point, possibly in the 1970's, the title of City Clerk was included with the Finance Director position. However, the only significant city clerk duties that were included in that job description were City elections and some statutory city clerk financial reporting functions. Customary city clerk duties, such as taking and maintaining council minutes, maintaining and updating the City's Record Retention Schedule, compliance with the Minnesota Data Practices Act, updating and maintaining the city code, Mayor/Council budget preparation, publication of official notices and other required documents, directing elections, and other such functions have been performed by a number of clerical and management personnel, leaving virtually no coordination of traditional city clerk functions. Since the mid 1990's management has worked progressively to include several of the above. functions in the Council Secretary/Deputy City Clerk position. In June 2007, the City Clerk position was approved by the City Council. The City Clerk-Treasurer is currently a combined position in our City Code. The City code should be modified to reflect the position definition for specific duties. The ordinance changes have been reviewed by the City Attorney, City Manager, Finance Director, Assistant to the City Manager/Human Resources Director and the City Clerk. The proposed Ordinance clarifies definitions in the City Code relative to the separation of the City Clerk-Treasure duties. The first reading of the Ordinance was held at the August 11, 2008 City Council meeting. Recommended Motion: Move to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Recommended Motion: Move to establish the second reading of Ordinance 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. COUNCIL ACTION: 205 ORDINANCE NO.1535 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GENERAL PROVISION DEFINITIONS The City of Columbia Heights does ordain: Chapter 1 through Chapter 11 of the Columbia Heights City Code, which currently reads to wit: § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY CLERK TREASURER. The Columbia Heights Finance Director. § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk-Treasurer for public inspection and sale for a reasonable charge. § 2.201 INDEX OF ORDINANCES. An index of all ordinances hereafter adopted by the Council shall be maintained by the Deputy City Clerk. The index shall include the ordinance number, whether the ordinance is general or special, and where applicable, the provision of this code that is modified, deleted, or added to by said ordinances. § 3.204 Finance Department (A) The Finance Director also serves as the City Clerk-Treasurer. The Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and disposition thereof, and he shall ensure that all monies belonging to the. city _are properly deposited in the designated depository bank. (B) (1) The Finance Department shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (2) The Finance Department shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (3) The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as inay be designated by the Manager. (4) The Finance Department shall maintain financial records in accordance with the Govermnental Accounting Standards Board. (C) The Finance Department shall give bond to the city as may be required by the Charter, and provided by the Council. (D) Municipal liquor store operations as authorized by §4.501 shall be administered under the Finance Department by a liquor operations manager. (E) The Finance Department shall administer and process all applications for municipal office, and shall perform all duties required by law relating to the conduct of elections in the city. 206 § 3.301 PARK AND RECREATION COMMISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (1) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Clerk-Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths vote of said Council. § 3.303 MERIT BOARD. (B) The Merit Board shall be composed of five members from among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. (2) Each Board member shall subscribe to and file with the Clerk-Treasurer an oath for the faithful discharge of his duties. § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. § 429.051, as it may be amended from time to time. (2) The proposed assessment roll shall be filed with the Clerk-Treasurer and made available for public inspection. § 4.104 MIDBLOCK LIGHTING. (B) The Clerk-Treasurer shall establish a separate improvement fund for the administration of midblock lighting and alley lighting charges. On or before July 1 of each year, the Clerk-Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (1) Such bills shall be proportioned between the benefitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2) In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C) The Clerk-Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE REMOVAL. 20~ (B) The Clerk-Treasurer shall establish a separate improvement fund for the administration of tree abatement service charges. The costs for diseased tree abatement services shall be certified monthly by the Forester to the Clerk-Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before August 1 of each year, the Clerk-Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Clerk-Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) The Clerk-Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Clerk-Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before August 1 of each year, the Clerk-Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Clerk-Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 5.201 JUNK DEALER/AUTO RECYCLING DEALER (C) All applicants desiring to secure a license, shall make a written application to the Clerk- Treasurer, upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D) No license shall be issued until the applicant has executed and deposited, with the Clerk- Treasurer, acorporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. § 5A.505 COST RECOVERY. (B) The Clerk shall establish a separate improvement fund for the administration of residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before August 1 of each year, the Cleric shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. 2os § 6.101 ADNIINISTRATIVE DUTIES. (A) At least one copy of every code, ordinance and regulation adopted herein by reference shall be on file and available for public inspection at the Clerk-Treasurer's Office. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, Wells and Borings, as it may be amended from time to time, a copy of which is on file and available for inspection in the Office of the Clerk-Treasurer of the city. The same is hereby adopted by reference, and all terms of said code are made a part hereof as if fully set forth in this chapter. § 7.203 TEMPORARY AND EMERGENCY ORDERS. (D) Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written application therefore to the Council. The application shall specify the address and the nature of any commercial or business activity conducted at said premises, or as a condition of each such application, the Council may require the applicant to pay the Clerk-Treasurer the estimated cost of erecting signs and painting the curb. § 7.302 PROCEDURES. (F) The net proceeds of all sales, after deduction of towing and storage costs, and administrative costs of conducting a public sale, shall be forwarded to the Clerk-Treasurer. 8.101 DOG AND CAT LICENSE. (B) License applications shall include the following information: (1) The name and address of the owner of the animal, and the name and address of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat for which a license is sought. (3) A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. (4) Such other information as the Clerk-Treasurer shall reasonably require to determine animal census information or in compiling other records. (C) Licenses shall be issued for such period of time and upon payment of such fees as the Council shall determine by resolution. Provided, however, that: (1) The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides written evidence indicating immunity from rabies will terminate prior to the normal expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat to the Clerk-Treasurer for inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or unneutered dog or cat as provided above may be refunded the difference between that license fee and 209 the fee for a spayed or neutered dog or cat if he shall .provide to the Clerk-Treasurer, within 30 days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutered. (E) Upon payment of the prescribed license fee to the Clerk-Treasurer, a written license and a metallic tag shall be issued for the licensed animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn or attached to a collar for said animal. A duplicate metallic tag may be obtained to replace a lost or stolen tag in the following prescribed manner: (1) The owner of the animal shall present the original license together with an affidavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued by the Clerk-Treasurer upon payment of a duplicate tag fee in an amount set by resolution of the Council. (G) No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish tb the Clerk-Treasurer a veterinarian's certificate showing that the said dog or cat has been inoculated for the prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or cat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the license may be issued with a license expiration date which coincides with the termination of the effective immune period from rabies of such dog or cat. § 8.103 IlVIPOUNDMENT. (D) Any animal impounded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The owner of any impounded animal may reclaim the same upon payment to the Clerk- Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily boarding fees as shall be determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said animal as provided in § 8.101. (E) Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said animal, if not requested by a licensed educational or scientific institution under state law. (1) All sums received in excess of costs shall be held by the Clerk-Treasurer for the benefit of the owner. If not claimed within one year, such funds shall be placed in the general fund of the city. § 8.207 RECOVERY OF COST. (A) PeNSOnaI liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk- Treasurer. § 8.605 LOCAL EMERGENCIES. (A) A local emergency may be declared only by the Mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any 210 order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk-Treasurer. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk- Treasurer. A copy shall be kept posted and available for public inspection during business hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk- Treasurer's Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B) Payment of franchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A) of this section. (2) In the event any payment is not made on or before the applicable date fixed in subdivision (B)(1), interest thereon shall apply from its due date at the rate of one and one half percent per month. (3) All payments due the city shall be made to the Department of City Clerk-Treasurer. Is thereby amended to read as follows: § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. This definition shall apply to all sections of the City Code that reference City Clerk-Treasurer. TREASURER. The Columbia Heights Finance Director. CITY CLERK The Columbia Heights City Clerk. CLERK. The Columbia Heights Licensing Clerk § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk for public inspection and sale for a reasonable charge. § 2.201 INDEX OF ORDINANCES. An index of all ordinances hereafter adopted by the Council shall be maintained by the City Clerk. The index shall include the ordinance number, whether the ordinance is general or special, and where applicable, the provision of this code that is modified, deleted, or added to by said ordinances, § 3.204 Finance Department 211 (A) The Finance Director also serves as the Treasurer. The Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and- disposition thereof, and he shall ensure that all monies belonging to the city are properly deposited in the designated depository bank. (B) (1) The Finance Department shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (2) The Finance Department shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (3) The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. (4) The Finance Department shall maintain financial records in accordance with the Governmental Accounting Standards Board. (C) The Finance Department shall give bond to the city as may be required by the Charter, and provided by the Council. (D) Municipal liquor store operations as authorized by §4.501 shall be administered under the Finance Department by a liquor operations manager. § 3.208 City Clerk (A) The City Clerk shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (B) The City Clerk shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (C) The City Clerk shall administer and process all applications for municipal office, and shall perform all duties required by law relating to the conduct of elections in the city. (D) The City Clerk shall serve as the secretary of the city council. § 3.301 PARK AND RECREATION COI\~INIISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however; that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (1) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fifths vote of said Council. § 3.303 MERIT BOARD. (B) The Merit Board shall be composed of five members from among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. 212 (2) Each Board member shall subscribe to and file with the City Clerk an oath for the faithful discharge of his duties. § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. § 429.051, as it may be amended from time to time. (2) The proposed assessment roll shall be filed with the Treasurer and made available for public inspection. § 4.104 MIDBLOCK LIGHTING. (B) The Treasurer shall establish a separate improvement fund for the administration of inidblock lighting and alley lighting charges. On or before July 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable.cost of administering the billings and collection procedures. (1) Such bills shall be proportioned between the benefitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2) In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE REMOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of tree abatement service charges. The costs for diseased tree abatement services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges for each abatement against each separate lot or parcel on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) The Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. 213 (C) On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 5.201 JUNK DEALER/AUTO RECYCLING DEALER. (C) All applicants desiring to secure a license, shall make a written application to the Clerk upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D) No license shall be issued until the applicant has executed and deposited, with the Clerk a corporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. § 5A.505 COST RECOVERY. (B) The Treasurer shall establish an improvement fund for the administration of residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before. October 1 of each year, or as required by Statute, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, or as required by Statute, for Council action pursuant to the provisions of this chapter. § 6.101 ADMINISTRATIVE DUTIES. (A) At least one copy of every code, ordinance and regulation adopted herein by reference shall be on file and available for public inspection at the City Clerk's Office. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, Wells and Borings, as it may be amended from time to time, a copy of which is on file and available for inspection in the Community Development Department of the city. The same is hereby adopted by reference, and all terms of said code are made a part hereof as if fully set forth in this chapter. § 7.203 TEMPORARY AND EMERGENCY ORDERS. (D) Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written application therefore to the Council. The application shall specify the address and the nature of any commercial. or business activity conducted at said premises, or as a condition of each such application, the Council may require the applicant to pay the Treasurer the estimated cost of erecting signs and painting the curb. 7.302 PROCEDURES. 214 (F) The net proceeds of all sales, after deduction of towing and storage costs, and administrative costs of conducting a public sale, shall be forwarded to the Treasurer. 8.101 DOG AND CAT LICENSE. (B) License applications shall include the following information: (1) The naive and address of the owner of the animal, and the name and address of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat for which a license is sought. (3) A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. (4) Such other information as the Council shall reasonably require to determine animal census information or in compiling other records. (C) Licenses shall be issued for such period of time and upon payment of such fees as the Council shall determine by resolution. Provided, however, that: (1) The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides written evidence indicating immunity from rabies will terminate prior to the normal expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat for inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or unneutered dog or cat as provided above may be refunded the difference between that license fee and the fee for a spayed or neutered dog or cat if he shall provide, within 30 days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutered. (E) Upon payment of the prescribed license fee to the Treasurer, a written license and a metallic tag shall be issued for the licensed animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn or attached to a collar for said animal. A duplicate metallic tag may be obtained to replace a lost or stolen tag in the following prescribed manner: (1) The owner of.the animal shall present the original license together with an affidavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued upon payment of a duplicate tag fee in an amount set by resolution of the Council. (G) No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish a veterinarian's certificate showing that the said dog or cat has been inoculated for the 215 prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or eat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the license may be issued with a license expiration date which coincides with the termination of the effective immune period from rabies of such dog or cat. § 8.103 IMPOUNDMENT. (D) Any animal impounded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The owner of any impounded animal may reclaim the same upon payment to the Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily boarding fees as shall be determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said animal as provided in § 8.101. (E) Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said animal, if not requested by a licensed educational or scientific institution under state law. (1) All sums received in excess of costs shall be held by the Treasurer for the benefit of the owner. If not claimed within one year, such funds shall be placed in the general fund of the city. § 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the Treasurer. § 8.605 LOCAL EMERGENCIES. (A) A local emergency may be declared only by the Mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk. A copy shall be kept posted and available for public inspection during business hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk's Office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B) Payment offianchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A) of this section. 216 (2) In the event any payment is not made on or before the applicable date fixed in subdivision (B)(1), interest thereon shall apply from its due date at the rate of one and one half percent per month. (3) All payments due the city shall be made to the Treasurer. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 11, 2008 Second Reading: Date of Passage: Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 217 CITY COUNCIL LETTER AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ACCEPTING BIDS AND AWARDING BY: Gary Gorman BY: ~_ %~,~;~~%~~ CONTRACTS FOR PUBLIC SAFETY CENTER, PHASE 1 DATE: 8/25/2008 DATE: SITE W ORK Background: On July 14, 2008 the City Council authorized EDS Builders to advertise for bids for the Columbia Heights Public Safety Center, Phase 1 Site Work. Bids were broken into four separate divisions: CH1-02-1 site clearing, excavation, landscaping, water, sewer, and storm system; CH1-0202 asphaltic concrete paving and base material; CH1-03-1 exterior concrete, sidewalk, pads, curb and gutter; and CH1-16-1 electrical site lighting. Bids were received and publicly read aloud at the August 12, 2008 bid opening. A detailed copy of the complete bid tabulation is attached. Analysis/Conclusions: The City Manager, along with City staff met with Beutow and Associates and EDS Builders to review the bids and alternates for final recommendation to the City Council. Attached is the final recommendation letter from EDS Builders dated August 20, 2008. As a note, all bids received for Bid Division CH1-16-1, Electrical Site Lighting, were rejected and this division will be rebid with the main package. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 site work bid Division CH1-02-1 to Landwehr Construction in the amount of $838,500.00 base bid and accept Alternates 2, 3, 4, 5, 7, and 8 as listed for a total contract award of $729,000.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 site work bid Division CH1-02-2 to Bituminous Roadways in the amount of $137,500.00 base bid and accept Alternate 1 Hold-Add as listed for a total contract award of $137,500.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 1 site work bid Division CH1-03-1 to North Country Concrete in the amount of $292,939.64 base bid and accept Alternate 1Hold-Deduct and Alternate 5 as listed, for a total contract award of $299,239.64; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to reject bid Division Columbia Heights 1-16-1 Electrical Site Lighting, to be included in the next bid package. COUNCIL ACTION: 21s EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 1 -SITE WORK BID DATE: AUGUST 12, 2008 - 10:00 a.m. CH1-02-1 SITE CLEARING, EXCAVATION, LANDSCAPING, WATER, SANITARY SEWER, STORM SYSTEM CONTRACTOR BID BOND ADD 1 BASE BID COMBINED BID DEDUCT ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 ALT. 6 ALT. 7 ALT: 8 ..TOTAL ACCEPTED PROPOSED AMOUNT Landwehr Constructio X X 838,500.00 NA (20,500.00) (48,000.00) (43,000.00) (14,000.00) 31,250.00 12,000.00 4,000.00 729,000.00 Max Steininger X X 825,000.00. (4,000.00) (20,425.00) (44,000.00) (38,000.00) (6,000.00) 40,000.00 25,000.00 8,700.00 750,275.00 Veit Companies X X 913,402.00 NA (19,600.00) (39,655.00) (37,717.00) (5,000.00) 35,790.00 20,170.00 5,705.00 837,305.00 Rachel Contracting X X 1,074,361.00 NA (19,000.00) (40,000.00) (40,000.00) NA 32,000.00 15,000.00 4,000.00 994,361.00 220 EDS Builders, Inc. COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 404ASaintCroixTrail North BID PACKAGE 1 -SITE WORK Lakeland, MN 55043 BID DATE: AUGUST 12, 2008 -10:00 a.m. CH1-02-2 ASPHALTIC CONCRETE PAVING, BASE MATERIAL CONTRACTOR BID BOND ADD 1 BASE BID COMBINED BID DEDUCT ALL 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 ALT. 6 ALT. 7 ALT. 8 Midwest Asphalt X X 144,900.00 48,600.00 DMJ Corp X X 145,363.00 55,077.00 Bituminous Roadways X X 137,500.00 50,500.00 221 EDS Builders, Inc. COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 404A Saint Croix Trail North BID PACKAGE 1 -SITE WORK Lakeland, MN 55043 BID DATE: AUGUST 12, 2008 -10:00 a.m. CH1-03-1 EXTERIOR CONCRETE, SIDEWALK, PADS, CURB & GUTTER CONTRACTOR _ BID BOND ADD 1 BASE BID,. COMBINED BID DEDUCT ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 ALT. 6 ALT:7 ALT: 8 TOTAL ACCEPTED PROPOSED AMOUNT Hunerberg Constructio n Crosstown Masonry Parkos Construction AIIPhase Companies Adolfson & Peterson North Country Concret X X 292,939.64 (110,000.00) 6,300.00 299,239.64 Northland Concrete Griffin Contracting Cobra Construction 222 EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH1-16-1 ELECTRICAL SITE LIGHTING COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 1 -SITE WORK BID DATE: AUGUST 12, 2008 - 10:00 a.m. CONTRACTOR BID BOND ADD 1 .BASE BID COM6INED BID DEDUCT ALT. 1 ALT_ 2 ALT. 3 ALT. 4 ALT:5 ALL'6 ALT'. 7 ALT. 8 PhasorElectric X X 61,400.00 Peoples Electric X X 140,000.00 Gephart Electric X X 108,100.00 Killmer Electric X X 127,250.00 Electric Resource X X 130,775.00 Heights Electric CC x X 135,700.00 Ridgedale Electric X X 117,000.00 Shortstop Electric CC X 60,855.00 223. ~'~, ~ ~~ ~~ ~ ,~~:. L. ' i t..3l. ,, ~.t:: ;! .it.,~ ~:St= I..i'~!f";'~, ~~.; ~; ,. 1': 3, !.,l.l! d '.1, f.{.~~:~~~.' C.f}.:'`~ .i' .t .3 Vii- ~) 404A Saint Croix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 Phone: 651-998-0332 Fax: 651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com August 20, 2008 Mr. Walt Fehst 8v City Council City of Columbia Heights 590 40~ Avenue Northeast Columbia Heights, MN 55421 RE: Columbia Heights Public Safety Center, Phase 1 Site Work Bids Recommendation Dear Mr. Fehst and City Council: After discussions with Buetow and Associates, Walt Fehst, EDS Builders recommendation for award of the following Bid Division from Phase 1 Site Work Bid Package. Base Bids Bid Division CH1-02-1 Site Clearing, Excavation, Landscaping, Water, Sanitary, Sewer, Storm System Award to Landwehr Construction Bid .Division CH 1-02-2 Asphaltic Concrete Paving, Base Material Award to Bituminous Roadways Bid Division CH 1-03-1 Exterior Concrete, Sidewalk, Pads, Curb & Gutter Award to North Country Concrete Bid Division CH 1-16-1 Electrical Site Lighting Reject all bids and rebid with main package. Alternates Hold Alternate 1 North drive area bituminous in lieu of concrete. Accept Alternate 2 West property ornamental fence Accept Alternate 3 Eliminate all trees, shrubs, and mulch installed by owner Accept Alternate 4 Dry-cast segmented retaining wall Accept Alternate 5 Colored concrete in lieu of pervious pavers, Entry Plaza Area Reject Alternate 6 NE large block retaining wall Accept Alternate 7 NE segmented retaining wall Accept Alternate 8 Delete Basement Room 031 Sincerely, E D S Builders, Inc. Earl (Doc) Smith President 224 c 1 ~~,_ ~.~~ .:;C „Er: C i :`..Y ~, t,,.,~~ `,., .;r..ll:~„' .?3~., i'! r.=.f,~l, ~ 3..c t.;,.:::. z (r ,~. ; ,;,r ~ ~I 404A Saint Croix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 Phone: 651-998-0332 Fax: 651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com August 19, 2008 Columbia Heights Public Safety Center, Phase 1 Site Work Bids Bid Division CH 1-02-1 Site Clearing, Excavation, Landscaping, Storm System Landwehr Construction -Base Bid Alternate 2 West property ornamental fence-Deduct Alternate 3 Eliminate all trees, shrubs, and mulch-Deduct Alternate 4 Dry-cast segmented retaining wall-Deduct Alternate 5 Colored concrete -Plaza Area-Deduct Alternate 7 NE segmented retaining wall-Add Alternate 8 Delete Basement Room 031 Add Total Bid Division CH1-02-1 Water, Sanitary, Sewer, ~ 838,500.00 -$ 20,500.00 -$ 48,000.00 -~ 43,000.00 -~ 14,000.00 $ 12,000.00 ~ 4,000.00 $ 729,000.00 Bid Division CH1-02-2 Asphaltic Concrete Paving, Base Material Bituminous Roadways -Base Bid Alternate 1 North drive area HOLD-Add $50,500.00 Total Bid Division CH1-02-2 Bid Division CH 1-03-1 Exterior Concrete, Sidewalk, Pads, North Country Concrete -Base Bid Alternate 1 North drive area HOLD-Deduct- X110,000.00 Alternate 5 Colored concrete -Plaza Area-Add Total Bid Division CH1-03-1 Grand Total Phase 1 -Site Work Bid $ 137, 500.00 $ 137,500.00 Curb & Gutter $ 292,939.64 ~ 6,300.00 $ 299,239.64 $1,165,739.64 225 CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO; Community Development APPROVAL ITEM: Adopt Resolution 2008-186, Parking BY: Sheila Cartney BY: A /~ Ramp Operations Agreement Between the DATE: August 18, 2008 ~ u~ City of Columbia Heights and Stadium Villa e Pro erties, LLC at 950 40th Ave Background• At the August 4, 2008 City Council Work Session, staff presented the proposed "Operations Agreement" by Stadium Village Properties, LLC, for the Northeast Bank Parking Ramp. As discussed the proposed Amendment states Stadium Village Properties LLC as the "Operator" and represents the terms and conditions of the 1988 agreement. Past amendments and this proposed amendment remove the city from any operation commitments. The operator is responsible for routine maintenance and essentially manages and operates the ramp. The owner of the office building is responsible for the costs incurred by the operator. In addition the owner is responsible for all major repairs and replacement of structural elements of the parking ramp (Section 2.01 1982 agreement). Attached is the proposed amended "Operations Agreement" and the memo discussed at the August 4, 2008 City Council Meeting. Upon further clarification the hours of operation have been removed. resulting in Stadium Village Properties operating the ramp 24 hours a day 7 days a week. Based on discussions with the city attorney the 1988 Operations Agreement has expired and is no longer in effect. Essentially the proposed amendment is similar to the 1988 agreement and is consistent with previous operations. Recommendation: The agreement that Stadium Village Properties, LLC has presented, represents the terms and conditions in the 1988 agreement (which expired) by replacing the operators name from Zaidan Holdings, Inc, to Stadium Village Properties LLC. Staff supports this amendment. Recommended Motion: Move to waive the reading of Resolution 2008-186, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-186, A Resolution approving a Parking Ramp Operations Agreement between the City of Columbia Heights and Stadium Village Properties, LLC at 950 40th Avenue; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attacfzments: Xesolutton anct COUNCIL ACTION: H\City Council\Letters\2008\Res.2008-186, Operators Agreement 8-25-08 226 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-186 A RESOLUTION APPROVING A PARHING RAMP OPERATIONS AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC AT 950 40TH AVENUE WHERAS, the City of Columbia Heights is the owner of the parking ramp located at 950 40t" Avenue which is adjacent to the office complex located at 3989 Central Ave, that is owned by Stadium Village Properties, LLC, and WHEREAS, the City of Columbia Heights has authorization through certain Management Agreement established in 1982 to enter into an operations agreement for major repairs, replacements and maintenance, and general operations of the parking ramp. NOW, THEREFORE BE IT RESOLVED, by the City Council of Columbia Heights: 1. Authorization by the Mayor and City Manager to sign the agreement entitled, "Operation of Parking Ramp Agreement" by and between the City of Columbia Heights and Stadium Village Properties, LLC. Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 227 AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC FOR THE OPERATION OF THE PARKING RAMP THIS AGREEMENT, made as of the day of , 2008, between the City of Columbia Heights, a Minnesota municipal corporation (sometimes hereinafter referred to as the "City"), and Stadium Village Properties, LLC, a Minnesota limited liability company (sometimes hereinafter referred to as the "Operator"). WITNESSETH THAT, in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows: RECITALS: Pursuant to a certain Management Agreement for Public Facilities and Lease of the Plaza Property by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") and Terry Evenson, dated July 20, 1982, as modified by that certain Agreement for Modification of Management Agreement for Parking Facilities dated February 11, 1991 between the City and Zaidan Holdings, Inc. (as Terry Evenson's assignee) (hereinafter collectively referred to as the "Management Agreement/Lease"), as the Authority's interest therein has been assigned to the City, the City and Terry Evenson agreed that Terry Evenson, in exchange for the right to use during certain times the 369-stall parking ramp (the "Parking Ramp") owned by the City and located at 950 40th Avenue NE, in Columbia Heights, would be responsible for major repairs, replacements and maintenance, while the City would operate the Parking Ramp and perform routine maintenance thereof, all subject and pursuant to the specific terms and provisions of the Management Agreement/Lease. Pursuant to the Management Agreement/Lease, the Redeveloper is obligated to pay the costs incurred by the City (as the assignee of the Authority) for the operation and maintenance of the Parking Ramp. By means of this Agreement, the City (as the assignee of the Authority) hereby contracts with the Operator for the performance of the City's obligations under the Management Agreement/Lease for the operation and maintenance of the Parking Ramp, as set forth hereinbelow. The holder of Terry Evenson's interest in the Management Agreement/Lease is referred to herein as the "Redeveloper." 228 ARTICLE I. TERM l.l) Term. The term of this Agreement shall commence on the date of this Agreement and shall hereafter coincide with the term (and renewal options) set forth in Article V of Part II of the Management Agreement/Lease, including the renewal options set forth therein. For said purposes, the City and the Operator agree as follows: (i) the "Commencement Date" of Part II of the Management Agreement/Lease was August 1, 1982, (ii) the initial twenty (20)-year term of the Management Agreement/Lease ended July 31, 2002, and (iii) Part II of the Management Agreement/Lease is now in the first ten (10)-year renewal option, which will continue until , July 31, 2012, and will then automatically renew through July 31, 2022, unless the Redeveloper delivers notice to the contrary pursuant to Section 5.02 of Part II of the Management Agreement/Lease. Accordingly, the term of this Agreement shall continue until July 31, 2012, and shall automatically renew for an additional ten (10) years, through July 31, 2022, unless the Operator notifies the City of its intention not to renew this Agreement by delivery of written notice to the City at least ninety (90) days prior to July 31, 2012. Notwithstanding the foregoing, if the Management Agreement/Lease terminates, then this Agreement shall simultaneously terminate unless otherwise hereafter agreed by the City and the Operator. ARTICLE II. OPERATION 2.1) Operation in General. The Operator agrees to manage and operate the Parking Ramp in a professional, economical and businesslike manner, satisfactory at all tunes to the City. The Operator agrees to accomplish the following, unless otherwise directed by the City: (a) Provide such operational and maintenance supplies as are reasonably necessary to operate the Parking Ramp. (b) Provide bookkeeping and accounting functions, as necessary. (c) Pay for all utilities, including gas, water and electricity. (d) Maintain all operating equipment. (e) Accomplish routine maintenance and repair. The Operator shall not engage in any other business on the Parking Ramp premises other than to provide such services as may be required to activate inoperative vehicles as requested by a customer of the Parking Ramp. The Operator shall report in writing to the City, within five (5) days after same is reported to the Operator, any damage or injury sustained to persons or property, including the Parking Ramp itself. 2.2) Intentionally left blank 2. 229 2.3) Rates. Between the hours of 6:00 a.in. and 6:00 p.m. the Operator agrees to charge and collect rates, if any, for parking motor vehicles, which from time to time shall be established pursuant to the terms of the Management Agreement/Lease. Pursuant to the Management Agreement/Lease, it has been determined that there shall be no charge for parking at present until the Operator is notified otherwise by both the City and the Redeveloper. The Operator agrees that the City and the Redeveloper may change parking rates from time to time and that any new rates established shall become effective on the dates stipulated by the City. The Operator may recommend to the City changes in parking rates. Bicycles shall be allowed to be parked free in such racks as are provided by the City. 2.4) Maintenance Obligations of Operator. The Operator agrees to notify the City prior to making any repairs which are subject to the competitive bidding requirements of Minnesota Statutes, Section 471.345. Given that contracts for repairs will be entered into by the Operator, rather than the City, the parties do not acknowledge that said competitive bidding requirements will apply. The Operator .agrees to maintain the Parking Ramp, the equipment provided by the City and all parts thereof, in good condition and repair and in as safe condition as its operation will reasonably permit; making all repairs thereto, which may be reasonably necessary for this purpose, including but not limited to the following: (a) Maintain all pavement markings, bumper guards and wheel blocks. (b) Supply electric light bulbs and replace worn out bulbs and fuses. (c) Maintain and care for all plantings. (d) Maintain all parking equipment including all gates, barricades, ticket spitters, etc. (e) Maintain the premises in a clean, presentable condition and not allow dirt, paper, or trash of any kind to accumulate upon the premises; and remove snow, ice and other obstructions from the property and from driveways and sidewalks on the Parking Ramp premises, all in accordance with reasonable standards. The snow and debris removed shall not be placed upon the public ways or any portion thereof. (f) Make minor necessary repairs to the structure, plumbing, lighting and heating systems, (g) Maintain and keep in good working order all directional and informational signs located within or on the exterior of the Parking Ramp. In the event that the Operator shall fail to comply with any of the aforementioned obligations, the City may, after five (5) days notice to comply, in addition to other remedies set forth herein, enter upon such premises and take all steps necessary to insure compliance with the above obligations; and all work, labor and materials shall be charged to and paid for by the Operator, plus a reasonable amount for the overhead of the City (which amount shall not exceed ten percent (10%) of the amount otherwise to be charged to the Operator). Notwithstanding the foregoing, with respect to any maintenance, repair or other obligations that have not been timely performed by the Operator and which are not an emergency (i.e. the failure to timely perform 3. 230 does not result in the imminent threat of injury to persons or substantial damage to property), then the City shall not enter upon the premises or take steps necessary to ensure such compliance unless the failure has not been cured by the Operator within thirty (30) days after notice from the City or such longer period as is reasonably necessary to perform, provided that the Operator commences performance within said thirty (30) day period and thereafter diligently continues to prosecute such cure. 2.5) Finance Procedure. (a) If and when there is a determination made pursuant to the Management Agreement/Lease to establish fees for parking, the Operator and the City agree to negotiate in good faith to reach agreement on the procedures for collecting, reporting, allocating and depositing receipts from parking fees. It is agreed that the fees received for parking shall belong to the City; provided, however, the City acknowledges that the Operator will incur additional costs and expenses for on-site personnel needed to operate the Parking Ramp if parking fees are required, and that the Operator will also incur additional costs and expenses for administration, accounting and bookkeeping purposes in that event. The parties agree that the Operator shall be allowed to retain from the parking receipts the amount needed to cover the Operator's additional expenses and overhead incurred as a result of the parking fee structure. (b) The Operator agrees to set up and maintain accurate records, books and accounts in the manner and form approved by the City; and that personnel authorized by the City shall have the right to audit and examine said records, books and accounts at any time upon not less than two (2) business days' notice during the regular business hours. The accounts shall reflect, but not be limited to, daily volume of parking and income (if any) and expense accounts; and the Operator shall prepare and submit monthly an annual profit and loss statement, as well as any incidental financial or operating statements, as deemed necessary by the City or as the normal course of operation shall dictate. All financial records shall be prepared and made available as provided by City and State laws. In the event that audits or examinations disclose shortages, or thefts or any type, the Operator shall reimburse the City for any revenue lost or any customer overcharges, as the City determines. Operator shall prepare an annual budget and submit same to the City by April 1, for the City's next fiscal year commencing January 1. Notwithstanding any other terms or provisions of this Agreement, this Section 2.5(b) and Section 2.6 shall not apply if fees have not been established for parking and if the Redeveloper and the Operator are the same person or entity. 2.6) Annual Statement and Account. Subject to Section 2.5(b), above, the City may conduct an annual audit. 2.7) Alterations. The Operator shall make no alterations or additions to said premises and appurtenances without the prior consent of the City. It is expressly agreed that all appurtenances, presently or hereafter located in and upon said Parking Ramp, whether affixed thereto, or not, are and shall be deemed to be part of the Parking Rainp, and, as such, shall remain the property of the City. 4. 231 2.8) berating Expenses. All of the Operator's costs and expenses of operation and maintenance of the Parking Ramp, including but not limited to costs and expenses incurred to comply with Sections 2.1, 2.4, 2.5, 3.1, 5.1 and 6.2 of this Agreement, shall be deemed to be "Operating Expenses." It is understood that there shall be no rebate to the Operator or its officers or employees of any portion of any expenditures representing Operating Expenses, by any person, firm or corporation which has provided goods or services to the Operator, unless such rebate is approved in writing by the City or unless the Operator and the Redeveloper are one and the same person or entity. 2.9) City to Contract Limited. No employee or agent of the Operator shall contract with the Operator, directly or indirectly, either as an owner, employee, or agent, to perform or provide services outside of his or her duties or scope of employment, except with the prior written approval of the City. 2.10) Damage b~Operator. The Operator shall repair any damage to the Parking Ramp or equipment therein, caused by the negligence of its employees. Such cost of repair shall not be a reimbursable Operating Expense. 2.11) Agreement Not a Tenancy. Nothing in this Agreement shall be construed as creating a tenancy between the City and the Operator; nor shall the Operator be deemed to have the right of occupancy to the premises or any part thereof pursuant to this Agreement. ARTICLE III. PERSONNEL 3.1) Selection. The Operator agrees to secure, furnish, train and pay for all personnel as are reasonably necessary to be employed in the proper operation of the Parking Ramp. Any and all employees of the Operator, or other persons while engaged in the performance of any work or services required by the Operator under this Agreement shall be considered employees of the Operator only, and not employees of the City or have any contractual relationship with the City; and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, or similar act on behalf of said employees or other persons while so engaged in any work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Operator. 3.2) Non-Discrimination. The provisions of all applicable federal, state and local laws and regulations pertaining to discrimination shall be considered a part of this Agreement as if more fully set forth herein. 3.3) Personnel Regulations. The Operator further agrees: (a) To use good faith efforts to furnish prompt, safe, efficient and courteous service adequate to meet all demands for its service at the Parking Ramp. (b) To furnish said service on a fair, equal, and non-discriminatory basis to all users thereof. 5. 232 (c) To use commercially reasonable efforts to manage Parking Ramp attendants (if any) to insure that they shall discharge their duties in a safe, courteous, and efficient manner to maintain a high standard of safety and service to the public. (d) If parking fees are charged, not to intentionally divert or cause to be diverted any business from the facilities. (e) Unless otherwise expressly authorized by the automobile's owner, neither the Operator nor its employees shall enter or drive any automobile that does not belong to them which has been placed upon the premises for the purpose of self-parking, except in the event of an emergency. ARTICLE IV. REPAIR AND REPLACEMENT OBLIGATIONS OF THE REDEVELOPER 4.1) The Operator shall not be responsible for or pay for the following: (a) Extraordinary repair and maintenance of the Parking Ramp and equipment. (b) Necessary major repairs to the structure, including the foundation, walls, parking decks, roof thereof and also including plumbing, elevators, lighting and heating systems, contained therein. (c) Repairs or restoration needed due to condemnation, or due to fire or other casualty. (Insurance on the Parking Ramp shall be maintained by the City at its expense.) ARTICLE V. PAYMENTS OF OPERATOR 5.1) Management Fee and Administrative Cost and Expenses. Pursuant to the terms of the Management Agreement/Lease, the Redeveloper has agreed to pay as they become due any and all costs incurred by the City pursuant to this Agreement. Accordingly, the Operator shall look to the Redeveloper for payment of the management fee, administrative costs and expenses and other Operating Expenses, subject, however, to the terms of Section 2.5(a), above. The Operator shall keep records of all such fees, costs and expenses and if the Operator and the Redeveloper are separate entities and are not under common control, then the Operator shall submit reports detailing the amount and purpose of all such expenditures to the City on each March 1, September I and December 1 during the term of this Agreement. ARTICLE VI. INDEMNITY, BONDS, INSURANCE 6.1) Indemnity. The Operator covenants and agrees to pay, subject to all provisions of this Agreement, all damages for injuries to real or personal property to the extent caused by the 6. 233 negligence or willful misconduct of the Operator or any servant, agent, or employee of the Operator in connection with the operation of the Parking Ramp under this Agreement. The Operator covenants and agrees to defend, indemnify, save, and keep the City harmless against all liabilities, losses, costs (including court and stenographic costs and an amount in reimbursement of attorneys' fees), damages, expenses, causes of action, suits, claims, demands and judgments incurred by the City to the extent caused by the negligence or willful misconduct of the Operator or any servant, agent or employees of the Operator in connection with the operation or the Parking Ramp under this Agreement. In the event any claim arises for which indemnification by the Operator is required, the City shall tender the claim to the Operator immediately after the earlier of (i) service of process of any pleading asserting the claim, or (ii) receipt by the City of written notice of a claim. Upon receipt of such. tender, the Operator shall pay such claim or the Operator may defend any such claim with counsel of the Operator's choice. The Operator shall have the sole authority to settle any claim in the Operator's sole discretion, provided that any such settlement shall not require the City to assume or admit liability or to pay money (unless such amount is paid by the Operator). The City shall not assume or admit any liability or obligation for any cost, expense, claim, liability or damage that may be deemed to be the obligation of the Operator. Nothing in this Agreement shall be deemed to restrict the Operator from disputing, and if necessary, appealing, any claim for which indemnification by the Operator is required, at the Operator's cost and expense. 6.2) Insurance. The Operator shall procure and maintain continuously in effect, during the term of this Agreement, insurance of the kind and amount sufficient to cover any liability of the Operator under the Workers' Compensation Act of Minnesota. Such insurance required in this section shall be taken out and maintained in responsible insurance companies in the State of Minnesota. Operator shall furnish the City a policy evidencing such insurance or certificates of the respective insurers stating that such insurance is in force and effect. ARTICLE VII. TERMINATION 7.1) Surrender of Premises. Upon termination of this Agreement by lapse of time or otherwise, the Operator shall surrender and turn over possession of the Parking Ramp premises to the City in the same manner and condition as it received the premises, excepting reasonable wear and tear and damage by casualty. 7.2) Effect of Default. It is expressly agreed between the parties hereto that in the event the Parking Ramp is deserted, vacated, or abandoned, or if the Operator shall sell, assign, or pledge this Agreement (except as permitted hereby); or if default be made in the performance of any of the covenants and agreements to be performed by the Operator; or if the Operator shall fail to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, or city government; or if the Operator shall file a petition in bankruptcy; or make an assignment for the benefit of creditors or take advantage of any insolvency act, the City may elect to terminate this Agreement and the term hereof; and in the event the City elects to terminate this Agreement because of a violation of this section, upon such termination, the Operator shall compensate the City for the loss in revenue, if any, suffered by reason of such termination. Any other terms or provisions in this Agreement to the contrary notwithstanding, 7. 234 the City shall not exercise any rights or remedies in connection with any breach or default by the Operator hereunder until after the City has delivered to the Operator written notice of such breach or default and the same remains uncured for thirty (30) days thereafter, or beyond such longer period as is reasonably necessary to cure the default, provided that the Operator commences cure within said thirty (30) days and thereafter diligently prosecutes cure. 7.3) Optional Termination. The Operator may terminate this Agreement, without cause, upon thirty (30) days' prior written notice to the City. ARTICLE VIII. MISCELLANEOUS 8.1) Rights Cumulative. The rights and remedies hereby created are cumulative, and the use of one remedy shall not be taken to exclude or waive the right to use of another. 8.2) Notice. In any case where it is desirable for the City to serve upon the Operator any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid, addressed to: Stadium Village Properties, LLC c/o University Technology Centers, Inc. 1313 Fifth Street SE, Suite 100 Minneapolis, Minnesota 55414 Attn: Doug Walker In any case where it is desirable for the Operator to give or serve upon the City any notice or demand, it shall be sufficient to send a written notice or demand, by certified mail, postage prepaid addressed to: City of Columbia Heights 590 40t~' Avenue NE Columbia Heights, Minnesota 55421 8.3) Compliance with Laws and Ordinances. The Operator agrees to operate said Parking Ramp in compliance with this Agreement and all laws and ordinances in effect or which may hereafter be adopted by and for the City of Columbia Heights, provided that laws and ordinances hereafter adopted are not inconsistent with the terms and provisions of this Agreement. 8.4) Rules and Regulations. The Operator agrees to abide by rules and regulations relating to the use of the Parking Ramp as are promulgated by the Redeveloper, pursuant to the Management Agreement/Lease, which rules and regulations inay from time to time be changed. 8.5) Assi ng ability b~Operator. The rights, obligations and duties under this Agreement of the Operator shall not be assigned or transferred in whole or in part without the prior written permission of the City, except that the rights, obligations and duties under this 8. 235 Agreement of the Operator may be assigned from time to time to the holder of the interest of Redeveloper under the Management Agreement/Lease (as said interest may be assigned from time to time), without the permission of the City. 8.6) Assignability b~ity. The rights, obligations and duties of the City under this Agreement at the City's option may be assigned or transferred in whole or in part by the City of Columbia Heights without the consent of the Operator. 8.7) Damage or Destruction. If during the term of this Agreement, all or any part of the Parking Ramp shall be destroyed or damaged from any cause, then the obligations of the Operator shall be suspended with respect to the unusable portion(s) of the Parking Ramp until the same have been repaired and restored (which repair and restoration is not the obligation of the Operator). 8.8) Operation and Maintenance After Termination. The Operator agrees that the City, at its option, may upon the termination of this Agreement extend this Agreement with the Operator on an negotiated basis, may solicit bids or negotiate with others for such services, or may operate the Parking Ramp with City personnel. The Operator agrees that by entering into this Agreement it obtains no additional rights or privileges in the future regarding the operation of the Parking Ramp and agrees that the City has not waived or abrogated any power or discretion it has regarding the operation of the Parking Ramp upon termination of this Agreement. 8.9) Reasonableness Standard. Operator's performance obligations under this Agreement shall be based upon a commercially reasonableness standard under the applicable circumstances. In addition, at any time that the Operator or the City is entitled to exercise discretion or judgment, such as in connection with any consent or approval, a reasonableness standard shall be deemed to apply, and neither party shall unreasonably withhold, condition or delay its consent or approval, nor exercise discretion in an arbitrary or unreasonable manner. 8.10) Entire Agreement. This Agreement is the entire agreement between the City and the Operator regarding the subject matter hereof. This Agreement shall not be modified or amended except in writing, signed by the City and the Operator. The City represents that the Agreement Between the City of Columbia Heights and Zaidan Holdings Inc. for the Operation of the Parking Ramp dated June 30, 1988 expired and is of no force or effect. 9. 236 IN WITNESS WHEREOF, the City and the Operator have caused this Agreement to be executed in their respective corporate names, as of the date first written above. CITY OF COLUMBIA HEIGHTS By: Its: Mayor- Gary L. Peterson By: Its: City Manager- Walter R. Fehst STADIUM VILLAGE PROPERTIES, LLC By: Its: STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2008, by and 9 the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2008, by ,the of Stadium Village Properties, LLC, a Minnesota limited liability. Notary Public 1177963.3 10. 237 CITY COUNCIL LETTER. Meetin of: Au ust 25, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ITEM: Adopt Resolution 2008-187, Preliminary BY: Scott Clark BY: Development Agreement by and between DATE: August 19, 2008, / the City of Columbia He> ghts and Stadium U Village Properties, LLC for Building Facade Improvements at 3989 Central Avenue Background: At the August 4, 2008 City Council Work Session, Stadium Village Properties, LLC, owner of the office complex at 3989 Central Ave., presented to the Council a proposal that effectively transfers the City owned Walkway Plaza, located next of their office, in exchange to "reskinning" the office complex. After this meeting, staff met with representatives of the complex and they stated the need to act quickly on this proposal due to favorable bids and issues associated with completing this project before winter. They also understood that the City's processes would not allow for the transfer to happen simultaneously with their start date. Due to these issues, and the positive nature of this proposal, staff is recommending that a Preliminary Development Agreement be entered into that establishes a good faith effort, on behalf of the City, to complete our transfer processes after the work has commenced. Representatives from Stadium Village Properties, LLC will be in attendance to discuss both their facade improvements and the proposal. Recommendation: Staff recommends Adoption of Resolution 2008-187, a Preliminary Development Agreement for building facade improvements at 3989 Central Avenue. Recommended Motion: Move to waive the Reading of Resolution 2008-187, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-187, a Resolution Approving the Preliminary Development Agreement by and between the City of Columbia Heights and Stadiu>n Village Properties, LLC for building facade improvements at 3989 Central Avenue; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: H'\Shared\Community Development\City Cormcil\Letters\2008\Res.2008-187 Preliminary Development Aereement 3989 Central 238 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-187 A RESOLUTION APPROVING A PRELIlVIINARY DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF COLUMBIA FIEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC FOR BUILDING FACADE IlVIPROVEMENTS AT 3989 CENTRAL AVENUE WHERAS, the City of Columbia Heights is desirous of working with the property owner, Stadium Village Properties, LLC, of an office complex located at 3989 Central Ave, and WHEREAS, Stadium Village Properties, LLC, has proposed reconstructing their office building facade in exchange for securing fee title to City owned property that is adjacent to the subject building, and WHERAS, Stadium Village Properties, LLC needs to start reconstruction before the City has the ability to conduct all necessary transfer processes, and WHEREAS, Stadium Village Properties, LLC desires to have the City state a position of working towards the mutually agreed upon objective, and WHERAS, the City views that the reconstruction serves a public benefit and as such, has stated within an agreement entitled, "Preliminary Development Agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC", dated August 25, 2008 the terms of having Stadium Village Properties, LLC start before a final transaction can occur. NOW, THEREFORE BE IT RESOLVED, by the City Council of Columbia Heights: 1. Authorization by the Mayor and City Manger to sign the agreement entitled, "Preliminary Development Agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC. 2. Authorizing staff to proceed with all activities necessary to complete the subject transaction. Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 239 Preliminary Development Agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC THIS AGREEMENT, dated this 25th day of August, 2008, by and between the City of Columbia Heights, a municipal corporation under the laws of Minnesota (the "City) and Stadium Village Properties, LLC ("the Developer"): WITNESSETH: WHEREAS, the Developer is owner of property located at 3989 Central Ave. and also has certain contractual rights through an Agreement dated July 20, 1982 ("Agreement"). The original Agreement was between the Columbia Heights Housing and Redevelopment Authority and Terry Evenson, and has been amended and assigned from time to time, and WHEREAS, the aforementioned 1982 Agreement provides for the Developer to operate a 369 stall parking ramp with the ability to purchase said ramp on July 20, 2022, and WHEREAS, the Agreement also separately defines a plaza area ("Walkway Property") which is leased to the Developer under a 99 leasehold year provision (as illustrated on Exhibit A), and WHEREAS, the Agreement allows the City to sell the Walkway with the Developer having the first right of refusal, and WHEREAS, the City has been approached by the Developer with a proposal that effectively transfers the City's Walkway Property to the Developer, in exchange of the Developer reinvesting approximately $500,000 in reconstructing the outside facade of the subject building located at 3989 Central Ave., and WHEREAS, the Developer needs to initiate the reconstruction, due to economic and seasonal considerations, prior to the City being able to complete all of the various processes that are necessary to convey the property, and WHEREAS, the City is desirous to have the reconstruction project completed as soon as possible and is of the opinion that the end results will constitute a positive community reinvestment, and WHEREAS, the City elects, through this agreement, to give preliminary approval to the subject transaction based on the understanding that the City must undergo a series of due diligence processes and will make every effort to mitigate any situation that would make the transaction unfeasible. NOW, THEREFORE, in consideration of the foregoing and the obligations set forth herein, the parties agree as follows: 1, The City and Developer agree in principle that the City will sell the Walkway Property to the Developer, which at this time is assumed to have a fair market value of approximately $250,000. In turn, the City will contribute a like amount of funds to the 240 Developer, in exchange of the Developer reconstructing the facade of the subject building. 2. The form of this negotiation may differ from a cash transaction, but the end result will be the Developer securing fee title to the Walkway Property in exchange for the facade reconstruction. 3. City actions necessary to complete the transaction include: a) Securing of an appraisal b) Processing a minor subdivision pursuant to City Ordiance 9.114. c) Securing a certificate of survey d) Amendments to the 1982 Agreement as applicable 4. In order to defray the City's direct administrative costs associated with this transaction, the Developer agrees to amend the 1982 Agreement so as to transfer the responsibility for the purchase of causality insurance on the parking ramp from the City to the Developer. The Developer also acknowledges that the Walkway will become taxable property. 5. Staff will investigate any State law issues associated with the Business Subsidy Act (MSA) 116J.993 to 116J.995, as amended. 6. Both parties recognize that the City's transaction must meet local, State and Federal law in order to be allowed. 7. All attempts to mitigate issues that may prevent this transaction from occurring will be attempted in a good faith manner. Notice for communication between the parties shall be delivered to the following: (a) As to the City: City of Columbia Heights 590 40t" Avenue NE Columbia Heights, MN 55421 Attn: Scott Clark (b) As to the Developer: Stadium Village Properties, LLC 1313 Fifth Street SE Suite 100 Minneapolis, MN 55414 Attn: Dave Jasper 241 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed- in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. By By CITY OF COLUMBIA HEIGHTS, MINNESOTA Its: Mayor-Gary L. Peterson Its: City Manager-Walter R. Fehst STADIUM VILLAGE, LLC By: Its: H:\Shared\Community Development\Parking Ramps\3989 Ramp\Preliminary Development Agreement 8-18-2008 FINAL 242 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-184, Approving BY: Sheila Cartney BI': the Acquisition of Property located at DATE: August 18, 2008 961 Gould Avenue BACKGROUND- The property located at 961 Gould Ave NE has asingle-family home that is severally deteriorated and is functionally obsolete. There is some structural damage and the house has not been maintained. There is no garage and access to the property is from Gould Ave. The City's public parking ramp is adjacent to this property. The subject property has been in foreclosure and is owned by OCWEN bank out of India. The property was originally listed for $50,000; staff has secured a purchase price of $30,000 plus closing costs. The 2007 housing fund will be used to purchase this property. With Council direction staff suggests negotiating with Stadium Village Properties for the removal of the existing structure in order to allow for snow storage from the ramp on the subject property in the winter. If negotiations for the removal of the structure fail with Stadium Village Properties the city will need to remove the structure. The removal of the structure would be a public benefit due to the blight of this property. RECOMMENDATION: Staff recommends Adoption of Resolution 2008-184, Approving the Acquisition of Property located at 961 Gould Avenue NE. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-184, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-184, a Resolution Approving the Acquisition of Property located at 961 Gould Avenue; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution, Purchase A reement, Photo o 'site COUNCIL ACTION H:\City Council\Letters\ZUUS\Kes."LUUS-184, ybl lioula 243. CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-184 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 961 GOULD AVE WHEREAS, the city has found that there exists conditions of deterioration, and substandard structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area: and WHEREAS, the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Realty Executives Top Producers (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 961 Gould Ave NE between the City of Columbia Heights and Realty Executives Top Producers and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $30,000.00 plus all ancillary costs associated with closing. 2. The City Council hereby authorizes the staff to handle .all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Housing Fund established in 2007. 4. The City Council directs staff to negotiate an agreement with Stadium Village Properties for the storage of snow from the parking ramp and removal of the existing building. If the building removal is not successfully negotiated with Stadium Village Properties; staff is authorized to get bids for the removal. Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 244 REALTY BUYER PURCHASING "AS IS" ADDENDUM ExECUTIYES This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. Top Producers ©2006 Minnesota Association of REALTORS, Edina, MN 1. Date August 18 , 2008 2. Page 3. Addendum to Purchase Agreement between parties, dated August 18 2008 ,pertaining 4. to the purchase and sale of the property at 961 Gould Ave iNE 5, Columbia Heights ~ 55421 6. DISCLOSURE REQUIRED: Under Minnesota law, Sellers of residential property, except by waiver or with limited 7. exceptions, are obligated to disclose to prospective Buyers all material facts of which Seller is aware that could adversely 8. and significantly affect an ordinary Buyer's use or enjoyment of the property or any intended use of the property of 9. which Seller is aware. Such a disclosure is not a warranty or a guarantee. of any kind by Seller or licensee representing 10. or assisting any party in the transaction. Seller agrees to notify Buyer immediately in writing of any substantive changes 11. from any prior representations regarding the property. 12. (Check appropriate box.) 13. ^ Buyer has received and had an opportunity to review the Seller's Property Disclosure Statement; 14. or 15. ^x Buyer has received and had an opportunity to review the Seller's Disclosure Alternatives form. 16. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other improvements 17. and fixtures, is not new and is being purchased "AS IS". 18. Buyer understands that the property, as defined above, will be purchased in the condition it is in at the time of Purchase 19. Agreement. Buyer shall have the right to awalk-through review of the property prior to closing. To the extent there 20. is a material change in the condition of the property arising between the dafe of the .Purchase Agreement and the 21. closing date, Seller shall be responsible for restoring the property to substantially the same condition it was in on the 22. date of the Purchase Agreement, except that Seller shall have NO OBLIGATION OR RESPONSIBILITY to repair or 23. replace central air-conditioning, heating, plumbing (including individual sewage treatment systems, unless otherwise 24. required by law), wiring systems or wells on the property if they fail between the date of Purchase Agreement and the 25. date of closing. This provision voids lines 210-212 of the Purchase Agreement. 26. RISK OF LOSS: The Risk of Loss provision in the Purchase Agreement is modified as follows. If there is any loss 27. or damage to the property between the date of Purchase Agreement and the date of closing for any reason, including fire, 28. vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller except that Seller shall have NO 29. OBLIGATION OR RESPONSIBILITY to repair or replace central air-conditioning, heating, plumbing (including individual 30. sewage treatment systems, unless otherwise required by law), wiring systems or wells on the property if they fail between 31. the date of Purchase Agreement and the date of closing. If the property is destroyed or substantially damaged before 32. the closing date, this Purchase Agreement is canceled, at Buyer's option, by written notice to Seller or licensee 33. representing or assisting Seller. If Buyer cancels this Purchase Agreement, Buyer and Seller shall immediately sign 34. a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder 35. to be refunded to Buyer. 36. RIGHT OF INSPECTION: Buyer shall have the right to inspect the property or to have it inspected by a person of 37. Buyer's choice,. at Buyer's expense. 38. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 39. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:BPAIA=1 (8/06) REALTY EXECUTIVES 1 4325 PHEASANT RIDGE DRBLAINE, MN 55449 Phone: (651) 288 - 4880 Fax: (651) 288 - 4889 Steve Jones 961 Gould Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 245 SEALTY EXECUTIVES Top Producers 961 Gould Ave NE 41. Property located at Columbia Heights I~ 55421 42. SETTLEMENT IS FINAL: It is understood that Buyer accepts the property "AS IS." ANY WARRANTIES OF PHYSICAL 43. CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT INCLUDING, BUT NOT LIMITED 44. TO, CENTRAL AIR-CONDITIONING, HEATING, PLUMBING, WIRING, AND CONNECTION TO CITY SEWER AND 45. CITY WATER ARE VOID. This provision shall survive delivery of the deed or contract for deed. All other warranties 46. specified in the Purchase Agreement remain the same. 47. OTHER: 48 49 50 51 52 53 54 55 56 57 58 59 60. BUYER PURCHASING "AS IS" ADDENDUM 40. Page 61. (Seller) 62. (Seller) 63. 64. MN:BPAIA-2 (8/06) (Date) (Buyer) City of Columbia Heights (Date) (Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipform.com 246 (Date) (Date) 961 Gould REALTY ExECUTIYES Top Producers PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2007 Minnesota Association of REALTORS, Edina, MN Date August 18, 2008 2. Page 1 of 3. RECEIVED OF City of Columbia Heights 4. 5. the sum of Dollars ($ zero ) 6. by^ CHECK ^ CASH ^ NOTE as earnest money to be deposited upon acceptance of Purchase ------------------(Check one.)-----------------° 7. Agreement by all parties, on or before the third business day after acceptance, in the trust account of listing 8. broker, unless otherwise agreed to In writing, but to be returned to Buyer if Purchase Agreement is not accepted 9. by Seller. Said earnest money is part payment for the purchase of the property located at: 10. Street Address: 961 Gouid Ave NE 11. City of Columbia Heights County of Anoka 12. State of Minnesota, legally described as Waltons Real Of Lots 33 & 34 Blk 6 Res Hills, Col Heights 13. lot 19, Blk 1,_Waltons Rear of Lots 33 & 34 14. 15. including all fixtures on the following property, if any, owned by Seller and used and located on said property, 16. including but not limited to garden bulbs, plants, shrubs and trees; storm sash, storm doors, screens and awnings; 17. window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs; plumbing 18. fixtures, water heater, heating plants (with any burners, non-fuel tanks, stokers and other equipment used in connection 19. therewith), built-in air-conditioning equipment, electronic air filter, water softener ^ OWNED ^ RENTED ^x NONE, ------------------------(Check one.)----------------------- 20. built-in humidifier and dehumidifier, liquid fuel tank(s) ^ OWNED ^ RENTED ^x NONE and controls (if the --------------------------(Check one.)-------------------------- 21. property of Seller), sump pump; attached television antenna, cable TV jacks and wiring; BUILT-INS: dishwashers, 22. garbage disposals, trash compactors, ovens, cook-top stoves, microwave ovens, hood fans, intercoms; 23. ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 24. heatilators; AND the following personal property: 25. 26. 27. all of which property Seller has this day agreed to sell to Buyer for sum of ($ 530,000.00 ) 28, Thirtv thousand Dollars, 29. which Buyer agrees to pay in the following manner: 30. 1. Cash of at least 100.000 percent (%) of the sale price, which includes the earnest money; PLUS 31. 2. Financing, the total amount secured against this property to fund this purchase, not to exceed 32. percent (%) of the sale price. 33. Such financing shall be (check one) ^ a first mortgage; ^ a contract for deed; or ^ a first mortgage with 34. subordinate financing, as described in the attached Addendum: 35. ^ Conventional ^ FHA ^ DVA ^ Assumption ^ Contract for Deed ^x Other: Cash 36. The date of closing shall be on or before 9/26 , 37. This Purchase Agreement ^ IS ^x IS NOT subject to a Contingency Addendum for sale of Buyer's property. -------(Check one.)---_- 38. (If answer is IS, see attached Addendum.) 39. (If answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing 40. is applicable.) MN:PA-1 (8/07) REALTY EXECUTIVES) 4325 PHEASANT RIDGE DRBLAINE, MN 5544) Phone: (G51) 288 - 4880 Fns: (651) 288 -488) J61 Gould Steve Jones Produced with Zip Form TM' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 247 SEALTY PURCHASE AGREEMENT E~ECiITIVES 961 Gould Ave NE 41. Address Columbia Heights , NIId 55421 Top Producers 42. Page 2 Date August 18 , 2008 43. This Purchase Agreement ^ IS 0 IS NOT subject to cancellation of a previously written purchase agreement -------(Check one.)------ 44. dated 45. (If answer is IS, said cancellation shall be obtained no later than If 46. said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 47. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 48. hereunder to be refunded to Buyer.) 49. Buyer has been made aware of the availability of property inspections. Buyer ^ Elects ^x Declines to have a ------------(Check one.)------------- 50. property inspection performed at Buyer's expense. 51. This Purchase Agreement ^ IS ^x IS NOT subject to an Inspection Contingency Addendum. ------(Check one.)------ 52. (If answer is IS, see attached Addendum.) 53. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a 54. ^ Warranty Deed or ^x Other: Limited Deed joined in by spouse, if any, conveying --------------------------------------------(Check one.)------------------------------------------ 55. marketable title, subject to 56. (a) building and zoning laws, ordinances, and state and federal regulations; 57. (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; 58. (c) reservation of any mineral rights by the State of Minnesota; 59. (d) utility and drainage easements which do not interfere with existing improvements; 60. (e) rights of tenants as follows (unless specified, not subject to tenancies): 61 ;and 62. (f) others (must be specified in writing): 63. 64. 65. 66. 67. 68. ^ BUYER SHALL PAY ^x SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green -------------------------------(Check one.)-------------------------------- 69. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 70. ^ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ~ SELLER SHALL PAY ON 71. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 72. payable in the year of closing. 73. ^ BUYER SHALL ASSUME ^x SELLER SHALL PAY on date of closing all other special assessments levied as ---------------------------------(Check one.)------------------------------------ 74. of the date of this Purchase Agreement. 75. ^ BUYER SHALL ASSUME ^x SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as ----- ---(Check one.)-------°------------------------------------------------ 76. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 77. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments or 78. less, as required by Buyer's lender.) 79. Buyer shall pay any unpaid special assessments- payable in the year following closing and thereafter, the payment of 80. which is not otherwise herein provided. MN:PA-2 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile R248 Fraser, Michigan 48026 www.zioform.com 961 Gould REALTY PURCHASE AGREEMENT ExECUTIVES 961 Gould Ave NE 81. Address Columbia Heicrhts, IrIld 55421 Top Producers 82. Page 3 Date August 18, 2008 83. As of the date of this Purchase Agreement, Seller represents that Seller ^ HAS ^x HAS NOT received a notice ----------(Check one.)--------- 84. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 85. against the property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 86. shall be provided to Buyer immediately. If such notice is issued after the date of this Purchase Agreement and on 87. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 88. for the payment of or assume the special assessments. In the absence of such agreement, either party may declare 89. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 90. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 91. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 92. directing all earnest money paid hereunder to be refunded to Buyer. 93. Buyer shall pay ^x PRORATED FROM DAY OF CLOSING ^ 12ths OF ^ ALL ^ NO real estate taxes due 94. and payable in the year 20 08 95. Seller shall pay ~ PRORATED TO DAY OF CLOSING ^ 12ths OF ^ ALL ^ NO real estate taxes due ----------------------------(Check one.7-------------------------------------------------------------- ------------------------------- 96. payable in the year 20 08 . If the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted 97. to the new closing date. Seller warrants taxes due and payable in the year 2008 shall be ^ FULL- ^ PART- ^x NON- ----------------(Check one.)------------------ 98. homestead classification. 99. If part- ornon-homestead classification is checked, Seller agrees to pay Buyer at closing $ zero 100. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes 101. when they become due and payable. Buyer shall pay real estate taxes due and payable in the year following closing 102. and thereafter, the payment of which is not otherwise herein provided. No representations are made concerning the 103. amount of subsequent real estate taxes. 104. POSSESSION: Seller shall deliver possession of the property no later than Immediatly after closing. 105. All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and natural gas shall 106. be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of fuel oil or liquid 107. petroleum gas on the day of closing, at the rate of the last fill by Seller. Seller agrees to remove ALL DEBRIS AND 108. ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. 109. TITLE AND EXAMINATION: Within a reasonable time period after acceptance of this Purchase Agreement, Seller 110. shall provide one of the following title evidence options, at Seller's selection, which shall include proper searches 111. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer 112. or Buyer's designated title service provider: 113. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed 114. to write title insurance in Minnesota as selected by Buyer. Seller shall be responsible for the title search and 115. exam costs related to the commitment. Buyer shall be responsible for all additional costs related to the issuance 116. of the title insurance policy(ies) including but not limited to the premium(s), Buyer's name search and plat 117. drawing, if any. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, if in 118. Seller's possession or control, for this property to Buyer or Buyer's designated title service provider. 119. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract (RPA) certified to 120. date if Registered (Torrens) property. Seller shall pay for the abstracting or RPA costs and surrender any 121. abstract for this property in Seller's possession or control to Buyer or Buyer's designated title service provider. 122. If property is Abstract and Seller does not have an Abstract of Title, Option (1) will automatically apply. 123. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not 124. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable, or in 125. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30-day extension, Buyer 126. and Seller may, by mutual agreement, further extend the closing date. Lacking such extension, either party may declare 127. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 128. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 129. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 130. directing all earnest money paid hereunder to be refunded to Buyer. MN:PA-3 (8/07) Produced with ZipFormT^' by RE FormsNet, LLC 18070 Fifteen Mile RQa~,, Fraser, Michigan 48026 www zioform.com 961 Gould REALTY ExECUTIVES Top Producers PURCHASE AGREEMENT 131. Page 4 132. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 133. all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description 134. of the real property to be conveyed has been or shall be approved for recording as of the date of closing. Seller warrants. 135. that the buildings are or shall be constructed entirely within the boundary lines of the property. Seller warrants that 136. there is a right of access to the property from a public right-of-way. These warranties shall survive the delivery of the 137. deed or contract for deed. 138. Seller warrants that prior to the closing, payment in full will. have been made for all labor, materials, machinery, fixtures 139. or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or 140. repair of any structure on, or improvement to, the property. 141. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation proceedings, 142. or violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller warrants that 143. Seller has not received any notice from any person or authority as to a breach of the covenants. Any such notices 144. received by Seller shall be provided to Buyer immediately. 145. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to 146. herein. 147. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing for any 148. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property 149. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 150. by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase Agreement, 151. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 152. directing all earnest money paid hereunder to be refunded to Buyer. 153. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 154. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed 155. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written or 156. oral agreements between Seller and Buyer. This Purchase Agreement can be modified or canceled only in writing 157. signed by Seller and Buyer or by operation of law. All monetary sums are deemed to be United States currency for 158. purposes of this Purchase Agreement. Buyer or Seller may be required to pay certain closing costs, which may effectively 159. increase the cash outlay at closing or reduce the proceeds from the sale. 160. ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy must be 161. delivered. 162. DEFAULT: If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement 163. under the provisions of MN Statute 559.21. If either Buyer or Seller defaults in any of the agreements hereunder or 164. there exists an unfulfilled condition after the date specified for fulfillment, either party may cancel this Purchase 165. Agreement under MN Statute 559.217,. Subd. 3. Whenever it is provided herein that this Purchase Agreement is 166. canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 559.217, 167. Subd. 4. 168. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 169. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 170. specific performance, such action must be commenced within six months after such right of action arises. 171. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 172. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 173. by contacting the local law enforcement offices in the community where the property is located or the Minnesota 174. Department of Corrections at (651)' 361-7200, or from the Department of Corrections web site at 175. yyww.corr.state.mn.us. MN:PA-4 (8107) Produced with ZipFormT^" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48028 www.zipform.com 961 Gould 250 REALTY ExECiITIVES Top Producers PURCHASE AGREEMENT 961 Gould Ave NE 176. Address Columbia Heights, lei 55421 177. Page 5 Date Auvust 18 , 2008 178. ENVIRONMENTAL CONCERNS: To the best of Seller's knowledge, there are no hazardous substances or underground 179. storage tanks except herein noted: None 180 181 182. 183. 184. 185. 186. 187. 188. 189. (Check appropriate boxes.) 190. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 191. CITY SEWER ^x YES ^ NO /CITY WATER ^x YES ^ NO 192. PRIVATE SEWER SYSTEM 193. SELLER CERTIFIES THAT SELLER ^ DOES ^x DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON OR ----------------(Check one.)------~r~_ 194. SERVING THE PROPERTY. (If answer is DOES, see Private Sewer System Disclosure Statement.) 195. PRIVATE WELL 196. SELLER CERTIFIES THAT SELLER ^ DOES ^x DOES NOT KNOW OF A WELL ON OR SERVING THE ----------------(Check one.)-------------- 197. PROPERTY. (If answer is DOES and well is located on the property, see Well Disclosure Statement.) 198. THIS PURCHASE AGREEMENT ^ IS ^x IS NOT SUBJECT TO A PRIVATE SEWER AND WELL INSPECTION ---------(Check one.)--------- 199. CONTINGENCY ADDENDUM. (If answer is IS, see attached Addendum.) 200.1E A WELL OR PRIVATE SEWER SYSTEM EXISTS ON THE PROPERTY, BUYER HAS RECEIVED A WELL 201. DISCLOSURE STATEMENT AND/OR A PRIVATE SEWER SYSTEM DISCLOSURE STATEMENT. 202. NOTICE 203. steven Jones is ^x Seller's Agent ^ Buyer's Agent ^ Dual Agent ^ Facilitator. (Licensee) -------------------------------------------------(Check one.)----------------------°-------------------------°- 204. Realty Executives Top Producers (Real Estate Company Name) 205. is ^ Seller's Agent ^ Buyer's Agent ^ Dual Agent ^ Facilitator. (Licensee) 206. (Real Estate Company Name) 207. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48028 www zipform.com 961 Gould 251 REALTY PURCHASE AGREEMENT E~ECi/TIYEB 961 Gould Ave NE 208. Address Columbia Heights , t~Ai 55421 Top Produeers 209. Page 6 Date AuQUSt 18 , 2008 210. SELLER WARRANTS THAT CENTRAL AIR-CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED 211. AND LOCATED ON SAID PROPERTY SHALL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS 212. NOTED IN THIS PURCHASE AGREEMENT. 213. BUYER HAS THE RIGHT TO AWALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 214. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 215. THIS PURCHASE AGREEMENT. 216. BUYER ^x HAS ^ HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A --------------(Check one.)------------- 217. SELLER'S DISCLOSURE ALTERNATIVES FORM. 218. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. SELLER AGREES TO 219. NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM ANY PRIOR 220. REPRESENTATIONS REGARDING THE PROPERTY. 221. IN THE EVENT A SELLER'S DISCLOSURE ALTERNATIVES FORM IS USED IN THIS TRANSACTION, DISREGARD 222. LINES 223 THROUGH 228. 223. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE 224. PROBLEMS OF WATER IN BASEMENT OR DAMAGE CAUSED BY WATER ICE OR ICE BUILDUP ON ROOF OF 225. THE PROPERTY, AND BUYER RELIES SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY 226. SELLER. 227. SELLER ^ HAS ~ HAS NOT HAD A WET BASEMENT AND ^ HAS ^x HAS NOT -HAD ROOF, WALL OR ------------(Check one.)------------ ------------(Check one.)-------------- 228. CEILING DAMAGE CAUSED BY WATER OR ICE BUILDUP. 229. DUAL AGENCY REPRESENTATION 230. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 231. ^x Dual Agency representation DOES NOT apply in this transaction. Disregard lines 232-248. 232. ^ Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 233-248. 233. Broker represents both the Seller(s) and the Buyer(s) of the property involved in this transaction, which creates a 234. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 235. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 236. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 237. Seller(s) and Buyer(s) acknowledge that 238. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 239. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 240. information will be shared; 241. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 242. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 243. the sale. 244. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 245. and its salesperson to act as dual agents in this transaction. 246. Seller Buyer City of Columbia Heights 247. Seller Buyer 248. Date Date MN:PA-6 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 961 Gould 252 REALTY ExECUTIVES Top Producers PURCHASE AGREEMENT 961 Gould Ave NE 249. Address Columbia Heights, 1~7 55421 250. Page 7 Date August 18, 2008 251.OTHER: This purchase agreement is contingent uuon City of Columbia Height's Council 252.meetinq August 25, 2008 The Council is required to take action to approve the purchase 253. of the ro ert . 254. 255.Other addenda may be attached which are made a part of this Purchase Agreement. (Enter total number of pages of 256. this Purchase Agreement, including addenda, on line two (2) of page one (1).) 257. I, the owner of the property, accept this Purchase I agree to purchase the property for the price and on 258. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above. 259. said property from the market, unless instructed I have reviewed all pages of this Purchase 260. otherwise in writing. Agreement. 261.1 have reviewed all pages of this Purchase Agreement. 262. ^ If checked, this Purchase Agreement is subject to 263. attached CounterofferAddendum. 264. X X (Seller's Signature). (Date) (Buyer's Signature) (Date) 265.X X City of Columbia Heights (Seller's Printed Name) (Buyer's Printed Name) 266. X X (Marital Status) (Marital Status) 267. X X (Seller's Signature) (Date) (Buyer's Signature) (Date) 268. X X (Seller's Printed Name) (Buyer's Printed Name) 269. X X (Marital Status) (Marital Status) 270. FINAL ACCEPTANCE DATE 271. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 272. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 273. 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION 274. DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, WHICH IS AN OPTIONAL, 275. VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. 276. SELLER(S) ~ BUYER(S) 277. SELLER(S) BUYER(S) MN:PA-7 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile R253 Fraser, Michigan 48026 www zipform.com 961 Gould REALTY ExEC+<TTIYES Top Producers ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2006 Minnesota Association of REALTORS®, Edina, MN Date August 18, 2008 2. Page 3. Addendum to Purchase Agreement between parties, dated August 18 2008 4. pertaining to the purchase and sale of the property at 961 Gould Ave NE 5. Columbia Hei hts I+II~i 55421 6. Section I: Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified 8. that such property may present exposure to lead from lead-based paint that may place young children at risk of 9. developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including 10. learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also 11. poses a particular risk to pregnant women. The seller of any interest in .residential real property is required to provide 12. the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's 13 possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible 14. lead-based paint hazards is recommended prior to purchase. 15. Seller's Disclosure (initial) 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. (a) Presence of lead-based paint and/or lead-based paint hazards. (Check one below.) ^ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): ^x Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller. (Check one below.) ^ Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below): ^x Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. 29. Buyer's Acknowledgment (initial) 30. (c) Buyer has received copies of all information listed under (b) above. 31. (d) Buyer has received the pamphlet, Protect Your Family from Lead in Your Home. 32, (e) Buyer has (check one below): 33. ^ Received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment 34. or inspection for the presence of lead-based paint and/or lead-based paint hazards (if checked, 35. see Section 11 on page 2); or 36. ^ Waived the opportunity to conduct a risk assessment or inspection for the presence of lead- 37, based paint and/or lead-based paint hazards. TLX:SALE-1 (8/06) REALTY EXECUTIVES 1 4325 PHEASANT RIDGE DRBLAINE, MN 5544') Phone: (65l) 288 - 4880 Fac (G51) 288 - 4881 `I61 Gould Steve Jones Produced with ZipFormT"' by RE FormsNef, LLC 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.zloform.com 254 REALTY EXECUTIVES Top Producers ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 38. Page 961 Gould Ave NE 39. Property located at Columbia Hei hts, ~ 55421 40. Real Estate Licensee's Acknowledgement (initial) 41. (f) Real estate licensee has informed Seller of Seller's obligations under 42 U.S.C. 4852(d) and is aware 42, of licensee's responsibility to ensure compliance. 43. Certification of Accuracy 44. The following parties have reviewed the information above and certify, to the best of their knowledge, that the information 45. provided by the signatory is true and accurate. 46. (seller) (Date) 47. (Seller) (Date) 48• Date (Real Estate Licensee) ( ) Steven Jones (Buyer) City of Columbia Heights (Date) (Buyer) (Date) (Real Estate Licensee) (Date) 49. Section II: Contingency (Initial only if first box under (e) is checked in Buyer's Acknowledgment above.) 50. This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead- 51. based paint and/or lead-based paint hazards to be conducted at Buyer's expense. The assessment or inspection 52. shall be completed within ^ ten (10) ^ calendar days after acceptance of the Purchase Agreement. This ----------(Check one.)---------- 53. contingency shall be deemed removed, and the Purchase Agreement shall be in full force and effect, unless Buyer or 54. real estate licensee representing or assisting Buyer delivers to Seller or real estate licensee representing or assisting 55. Seller, within three (3) calendar days after the assessment or inspection is timely completed, a written list of the specific 56. deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If Seller 57. and Buyer have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections 58. that: (A) some or all of the required corrections will be made; or (B) Buyer waives the deficiencies; or (C) an adjustment to 59. the purchase price will be made; this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a 60. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to 61. be refunded to Buyer. It is understood that Buyer may unilaterally waive deficiencies or defects, or remove this contingency, 62. providing that Buyer or real estate licensee representing or assisting Buyer notifies Seller or real estate licensee 63. representing or assisting Seller of the waiver or removal, in writing, within the time specified. TLX:SALE-2 (8/06) Produced with ZipForm7"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 961 Gould 255 WAIVER OF SELLER'S DISCLOSURE REQUIl2EMENTS FOR RESIDENTIAL REAL PROPERTY AND HOLD HARMLESS AGREEMENT ("Waiver and Hold Harmless Agreement") Seller: Owner of Record Buyer: City of Columbia Heights Property Address: 961 Gould Ave NE Columbia Heights MN 55421 (The "Property") Date: 8/18/2008 Buyer desires to purchase the Property from Seller, pursuant to a purchase and sale agreement (the "Agreement") to be entered into between Seller and Buyer. Effective on January 1, 2003, Minnesota law requires that the Seller either provide the prospective buyer of single-family residential real property with a written disclosure of all material facts pertaining to adverse physical conditions in the Property or which the Seller is aware of, or provide a report concerning the physical condition of the Property prepared by a qualified third party. The law also permits the Seller and the Buyer to waive those disclosure provisions. Buyer (whether one or more) and Seller herby waive, in their entirely to the full extent permitted by law, the written disclosure provisions set forth in sections 513.52 to 513.60 of the Minnesota Statutes Annotated, pursuant to the provisions of section 513.60 of the Minnesota Statutes Annotated concerning the above described Property. Buyer acknowledges that Suyer has been given an ample opportunity to seek the advice of Buyer's own chosen legal counsel concerning the agreement, the Property and this Waiver and Hold Harmless Agreement. Notwithstanding anything to the contrary in the Agreement, Buyer herby specifically holds Seller harmless from any other person or entity, as to any matter involving the disclosure set forth in sections 513.52 to 513.60 or claims made against Seller, at any time, concerning the disclosures set forth in sections 513.52 to 513.60 of the Minnesota Statutes Annotated concerning the Property made by Buyer, Buyer's successors, assigns, heirs, insurers, agents or any other person or entity. The parties herein agree that except as otherwise provided herein, the Agreement provisions shall be in full force and effect. Buyer's Initial: Seller's Initial: 256 This Waiver and Hold Harmless Agreement shall be binding and inure to the benefit of the Buyer and Seller and their heirs, successors, assigns, agents, employees and officers and shall. survive the closing of the sale of the Property pursuant to the Agreement. Buyer: Seller: 2 257 REAL ESTATE DICLOSURE ADDENDUM AND RELEASE Property Address: 961 Gould Ave N Columbia Heights, MN 55421 Buyer(s) and Buyer(s) Agent acknowledge that they are aware that due to possible water damage and/or excessive moisture mold, mildew and/or other microscopic organisms may be present within the subject property. Buyer(s) and Buyer(s) Agent are aware that exposure to certain species of mold may pose serious health risks, particularly in individuals with immune system deficiencies, allergies or respiratory problems, and no investigation undertaken in connection with mold, fungal spores, or any other microscopic organisms that may be present within the subject property. Buyer(s) and Buyer(s) Agent acknowledged the property is being sold conveyed "AS IS". Buyer(s) have had, or will have had, prior to closing, full and timely opportunity to make a complete inspection of the subject property, including any environmental inspection or investigation of the subject property. Buyer(s) and Buyer(s) Agent agree that the purchase price of the property reflects the agreed upon value of the property "AS IS", including the aforementioned disclosures. Seller has not made and does not make any express or implied representation or warranty of any kind with respect to the environmental condition of the subject properly or whether it is incompliance with any local, state, or federal environmental law, code or standard. Buyer(s) and Buyer(s) Agent hereby agree not to pursue any claim against Seller or its Agents for any violation of ay such laws, codes, standards, or for cost incurred in conducting investigations pursuant t such laws, codes, or standards, In addition, Buyer(s) and Buyer(s) Agent agree to fully and forever release, discharge and hold harmless Seller, its agents, employees, contractors, and representatives from and against any claims, damages, losses, costs or expenses of any kind sustained or arising directly indirectly from or in connection with any known or unknown condition of the subject property. Buyer Date Buyer Date Buyer's Agent/Representative Date 258 ADDENDUM "A" FIItST ADDENDUM TO CONTRACT OCWEN ASSET NUMBER: Seller: Ocwen Loan Servicing, LLC Buyer: Buyer [ i ~'~ u~ ~y~uw, ~,°ti }-(~t/~~j-+~.f` Pro er Address ~ ~ 1 (.~ v~- lcd .~vt.. /V Co (u w. la~'h 9-l t i~ h1'S MN "a/k/a/ Subject Property" Date ~S ~l S Std ~ (of even date with contract of purchase attached hereto) BUYER(S) AND SELLER AGREE AS FOLLOWS: (A) OFFER AND ACCEPTANCE: Buyer is aware of the following: (i) Seller has reserved the right to make multiple counter-offers on this property; (ii) Seller reserves the right to continue to offer the Property for sale until this offer has been formally accepted in writing; (iii) acceptance of this offer or any counter-offexs hereto is subject to Ocwen Loan Sexvicing, LLC's Executive Committee's approval; (iv) This offer shall expire on at 5:00 PM EST. Any decision as to Buyer's acceptance of this offer shall be approved by Ocwen Loan Servicing, LLC's Executive Committee. Seller's acceptance of another offer prior to Buyer's acceptance and communication of acceptance of this offer to Seller, or Seller's agent shall revoke this counter-offer. Communication of acceptance of this counter-offer must be received by Seller in writing prior to the expiration of the time frame specified above and maybe in the form of a facsimile, a-mail, or hard copy via mail so long as receipt of delivery can be confirmed. (B} RECAP OF CONTRACT TERMS AND "DEFIlVITIONS": (i) Sale Price to be $ 3c~,c9DO . (ii) Earnest Money Deposit [hereinafter to be referred to as "Earnest Money Deposit or Initial Deposit"] to be $~_ at the signing of contract. (iii) Additional deposit(s) [hereinafter to be referred to as "Additional Deposit"] of $~ -shall also be required upon the removal of all inspection contingencies. (iv) Balance, of the Sales price in the amount of $ t?C7U to be paid by wire transfer at closing. (v) Definition of DEPOSIT: "DEPOSIT" shall be used to refer to the sum/totality/combination of the Earnest Money Deposit, Additional Deposit(s) and any other subsequent deposits held in escrow or otherwise intended to be applied toward Sales price. The DEPOSIT is considered to be "hard money" and non-refundable with the exception of the financing contingency and other exceptions as maybe defined later herein. (vi) Definition of COSTS: Any amounts incurred by Buyer in connection with the purchase of the Subject Property, the Contract, and/or the Addendum, including but not limited to attorneys fees, inspection fees, title search fees, or repair costs. A Buyer's Expense, as defined in Paragraph E(ii) does not fall into the defmition of Costs. (vii) Definition of BUYER: All Buyers on the Contract and Addendum shall be collectively referred to as "Buyer". (viii) Closing date on or before q f 3C'3~~ g (C) CONFLICT BETWEEN SALES CONTRACT AND FIItST ADDENDUM TO CONTRACT: Ili the event any provision of this First Addendum To Contract [hereinafter to be referred to as "Addendum"] dated ~ ~ 1 g' ~t~ S conflicts in whole or in part with any of the terms of the sales contract [hereinafter to be referred to as "Contract"] between Buyer and Seller, then the provisions of the instant Addendum shall control. ' (Buyer's Initials) 259 (D) ASSIGNMENT OF CONTRACT: Buyer shall neither assign its rights nor delegate its obligations hereunder without obtaining Seller's prior written consent, which may be withheld in Seller's sole discretion. In no event shall any assignment relieve Buyer from its obligations under this Contract. If Buyer attempts to or actually assigns or delegates the Contract and/or Addendum without obtaining Seller's prior written consent, then both the Contract and Addendum may be deemed null and void at Seller's discretion. In the event that Seller chooses to nullify the Contract and Addendum for this reason, then Seller shall not be required to refund Deposit or Costs to Buyer. (E) NO REPRESENTATIONS OR WARRANTIES: PROPERTY SOLD "AS IS" Buyer acknowledges and understands that the Property (Property is herern defined to be the property and improvements, if any, which are the subject of the Contract) is being sold as-is, where-is, and with all faults. Buyer further acknowledges and understands that the Property was acquired by the Seller through foreclosure action, therefore, the Seller was not an owner-occupant and its information concerning the Property and its condition is limited. Buyer is hereby informed that Seller is unaware of any latent defects in the Property or any appurtenant systems, including but not limited to plumbing, heating, air conditioning and electrical systems, fixtures, appliances, roof, sewers, septic, soil conditions, foundation, struchual integrity, envhonmental condition, pool or related equipment. Seller makes no representations or warranties as to any of the above, the condition of the Property, the Property's systems, the serviceability or fitness for a particular use of the Property, or any component of the Property. Buyer agrees that in contracting to buy the Property, Buyer has not relied to their detriment upon any representation or warranty made by the Seller, any parent, subsidiary or affiliate thereof, or any of its officers, directors, employees, agents or representatives. (F) FINANCING CONTINGENCY ~)/(___) (1) Sale Contingent on Mortgage Financing (i) .Deadline for Commitment: This Contract is subject to the condition that on or before the deadline [hereinafter to be referred to as "Deadline"] of ,Buyer shall secure, or there shall be made available to Buyer, a written commitment for a loan to be secured by a mortgage or deed of trust on the property in the amount of $ , or such lesser sum as Buyer accepts. If Financing Declined Notification is provided by close of Deadline date, then this Contract shall become null and void and Deposit shall be returned to Buyer. If neither a Commitment nor a Notification is provided by close of Deadline date, then this contract shall remain in full force and effect without any loan contingencies. (ii) Buyer's Expense: Buyer shall, at Buyer's expense, execute all documents necessary to procure a mortgage loan from any source. Any delays caused by Buyer's Lender, whether a result of Buyer's conduct or not, shall constitute a default by Buyer. (iii) Buyer's Authorization for Lender: Buyer hereby authorizes the Lender (and/or it's successors and assigns) to discuss with Ocwen Loan Servicing, LLC the buyers loan application including, but not limited to, the buyer's credit history (including Credit Report), income, debts and the progress of the entire loan application. (iii) Bug's Authorization for Ocwen: Buyer hereby authorizes Ocwen Loan Servicing, LLC or other investigative agency employed by Ocwen Loan Servicing, LLC to investigate buyers ability to purchase under the terms and conditions of the contract to purchase and Addendum A including but not limited to the ordering of a credit history from a credit reporting agency and discussion of buyers loan application with the Lender and or their successors or assigns. Buyer shall be entitled, upon request, to a complete and accurate disclosure of the nature and scope of any investigation. (Buyer's Initials) 2 260 L~/(~ (2) All Cash Transaction This is an all-cash sale and purchase, and is NOT contingent upon Buyer's obtaining fmancing for the purchase of the Property regardless of any mortgage loan application made by the Buyer to any lending institution. Buyer understands and agrees that neither delivery of a commitment for a mortgage loan from any lending institution nor the Buyer's acceptance of such a commitment will in any way be a condition of Buyer's obligation under this Contract.. Buyer represents to Seller that Buyer has sufficient readily available funds to complete the purchase of the Property. If Buyer is unable to submit cash at time of closing date to Seller, then Seller shall be entitled to retain the Deposit. (G) CLOSING COSTS Buyer agrees to pay all allowable closing costs on behalf of the Buyer, including the cost of a lenders title insurance policy if applicable. Buyer understands that they may also have to pay certain prepayable expenses, including, but not limited to, adjustments for short term interest, taxes, water and sewer charges, insurance, IvIiP or PIV1I. Buyer understands that if they obtain an FHA or PMI mortgage, the 1VIlP or PMI premium will be added to the mortgage amount and increase their monthly payment. (H) INSPECTIONS Buyer, at Buyer's sole cost and expense, and after Seller's written acceptance of this offer, shall have the opportunity to inspect the Property including, but not limited to, environmental, asbestos, radon gas, lead paint, mold, physical defects including structural defects, roof, basement, mechanical systems such as heating and air conditioning, electrical systems, sewage and septic systems, plumbing, exterior site drainage, termite and other types of pest and insect infestation or damage caused by such infestation, and boundary surveys. Any and all costs and expenses associated with this inspection shall be referred to as "inspection costs". If the sale fails to close due to an issue stemming from this inspection, Seller shall not be required to reimburse Buyer for inspection costs. Seller does not supply "surveys, boundary surveys or footprint surveys". BUYER IS ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS AND TESTS PRIOR TO THE END OF THE SEVEN (7) CALENDAR DAY INSPECTION PERIOD, AS THE EXISTENCE OF CERTAIN CONDITIONS, INCLUDING BUT NOT LIMITED TO THOSE LISTED ABOVE, COULD CAUSE SERIOUS HEALTH PROBLEMS AND/OR A SUBSTANTIAL REDUCTION IN PROPERTY VALUE. Buyer is hereby notified and agrees that Buyer is solely responsible for any required remediation and/or resulting damages, including, but not limited to, any effects on health, due to a condition in, on or around the property. If Buyer does not give to Seller written notice of cancellation, for any reason, by the close of business on the deadline of the inspection period as defined by the Sales Contract [hereinafter "Inspection Period deadline"] between Buyer and Seller, then Buyer shall conclusively be deemed to have: (i) completed all inspections, investigations, review of applicable documents and disclosures and removed all contingencies; (ii} elected to proceed with the transaction; and (iii) assumed all liability, responsibility, and expense for repairs or corrections other than for items which Seller has otherwise agreed in writing to repair or correct. If Buyer timely objects to the condition of the Property by the Inspection Period deadline, then Buyer, at their sole option, may terminate this contract and neither party shall have any further obligations hereto. As a condition to Buyer's termination under the inspection period, Buyer agrees to submit any and all written reports as to such inspections within three (3) calendar days following the close of the Inspection Period Deadline after which time Seller will immediately refund the Deposit to Buyer. (Buyer's Initials) 3 261 (I) SELLER'S UNLIMITED RIGHT TO CANCEL CONTRACT AND/OR ADDENDUM: AT ANY TIME AFTER THE EXECUTION BY SELLER OF EITHER THE CONTRACT OR THE ADDENDUM, SELLER SHALL HAVE THE UNLIMITED RIGHT AND AT ITS COMPLETE DISCRETION TO ELECT TO DEEM THE SALES CONTRACT AND/OR ADDENDUM BETWEEN BUYER AND SELLER NULL AND VOID AND NOT CLOSE THE TRANSACTION FOR ANY REASON AND THE PARTIES SHALL BE RESTORED TO THEIR ORIGINAL POSITIONS AS IF THE CONTRACT AND ADDENDUM NEVER EXISTED. SHOULD SELLER EXERCISE ITS DECISION TO NULLIFY THE CONTRACT AND/OR ADDENDUM, THEN SELLER SHALL RETURN THE DEPOSIT AS DEFINED IN PARAGRAPH B(51 TO BUYER. HOWEVER IT IS SELLER'S SOLE DECISION AS TO WHETHER OR NOT IT WILL REIMBURSE BUYER FOR ANY COSTS AS DEFINED IN PARAGRAPH B(61 OR OTHERWISE. THE BUYERS AGREE THAT SHOULD SELLER CANCEL THE SALE FOR ANY REASON THAT THEY WANE THEII2 RIGHT TO SUE FOR SPECIFIC PERFORMANCE AND/OR DAMAGES AND FULLY RELEASE SELLER AS FURTHER SET FORTH IN RELEASE CONTAINED WITHIN PARAGRAPH W HEREIN. (Buyer's Initials) (Buyer's Initials) I HAVE READ THIS PARAGRAPH AND I AM IlVITIALING TO VERIFY THAT I ACCEPT IT AS PART OF THE CONTRACT AND ADDENDUM. (,n REPAIRS Any repairs to the Property identified by Buyer or which may be required by any lending institution to which Buyer may have applied ("Repairs") are the responsibility of the Buyer. The Seller will be under no obligation whatsoever to make any Repairs to the Property. Buyer agrees not to enter the Property prior to Closing for the purpose of making any repays or alterations without Sellers express written consent. (ICJ LIQUIDATED DAMAGES-DEPOSIT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IF BUYER HAS NOT TERMINATED THIS AGREEMENT AND IF THE SALE OF THE PROPERTY TO BUYER HAS NOT BEEN CONSUMMATED FOR ANY REASON OTHER THAN SELLER'S DEFAULT UNDER THE AGREEMENT, SELLER SHALL BE ENTITLED TO RETAIN THE DEPOSIT AS SELLER'S LIQUIDATED DAMAGES. THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE AND EXTREMELY DIFFICULT TO ASCERTAIN THE ACTUAL DAMAGES SUFFERED BY SELLER AS A RESULT OF BUYER'S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT, AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION REPRESENTS A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER WILL INCUR AS A RESULT OF SUCH FAILURE, PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT LIMIT SELLER'S RIGHT TO RECEIVE REIMBURSEMENT FOR ATTORNEYS' FEES, NOR WAIVE OR AFFECT SELLER'S RIGHT AND BUYER'S INDEMNITY OBLIGATIONS UNDER OTHER SECTIONS OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER. NOTWITHSTANDING THE FOREGOING, IF BUYER INTERFERES WITH OR MAKES ANY ATTEMPT TO INTERFERE WITH SELLER RECEIVING OR RETAINING, AS THE CASE MAY BE, THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION, INCLUDING WITHOUT LIMITATION, GIVING ANY NOTICE OR INSTRUCTIONS TO ESCROW HOLDER NOT TO DELIVER THE DEPOSIT TO SELLER, SELLER SHALL HAVE THE RIGHT TO ELECT TO RECOVER THE GREATER OF ITS ACTUAL DAMAGES OR THE LIQUIDATED DAMAGES BY GIVING WRITTEN NOTICE TO BUYER AND SELLER SHALL HAVE ALL OTHER RIGHTS AND REMEDIES AGAINST BUYER PROVIDED AT LAW AND IN EQUITY, AND SELLER SHALL HAVE THE RIGHT TO REQUIRE THAT BUYER SPECIFICALLY PERFORM BUYER'S OBLIGATIONS UNDER THIS AGREEMENT. (Buyer's Initials) (L) SELLERS CLOSING COSTS AND BROKERAGE COMMISSION 4 262 If necessary to complete a transaction, Seller will contribute up to: (i) $_~ towards Buyer's non-recurring closing costs, discount points, and, if applicable, Buyer's Non- allowable FHA/VA costs; (ii) $~_ as a credit to Buyer at closing for Buyer to purchase a Home Protection Plan; and (iii) $_~_towards a termite report. Seller will pay a brokerage commission in accordance with the sales commission rate chart attached to the listing agreement between the listing broker and the seller. The selling broker, if any, is recognized below. Seller hereby instructs the closing agent to pay the brokerage commission at closing via separate checks made out to the following companies, in the following amounts: Referral Fee: Payable to Listing Broker Fee: Payable to Selling Broker Fee: Payable to Froperiy Management Fee: Fayable to Amount: $ Amount: $ Amount: $ Amount: $ (Nn TRANSFER OF TITLE AND SUBSEQUENT NOTICE OF COSTS/LIENS/ASSESSMENTS Seller will transfer title by means of a special or limited warranty deed, or an equivalent thereof (the"Deed"). The acceptance of the Deed by the Buyer will be deemed to constitute full compliance by the Seller with all of the terms and conditions of the Contract and this First Addendum. Seller shall NOT be responsible for any unpaid real estate taxes and/or assessments, levies, homeowner association fees and charges, utility charges or any other charges not readily obtainable from a title search prior to closing. SPECIFICALLY, IF AT ANY TIME AFTER THE DATE OF CLOSING, THE BUYER OR THEIR ASSIGNS OBTAIN ACTUAL OR CONTRUCTIVE NOTICE OF ANY COSTS/LIENS/ASSESSMENTS/JUDGMENTS ASSOCIATED WITH THE SUBJECT PROPERTY THAT WERE NOT OF RECORD AT THE TIME OF THE CLOSING, INCLUDING BUT NOT LIMITED TO CODE VIOLATIONS, TAXES, UTILITY LIENS, CONDOMINIUM ASSESSMENTS, THE BUYER SHALL BE RESPONSIBLE FOR PAYMENT OF SAME AND RELEASES SELLER FOR ANY AND ALL LIABILITY IN CONNECTION THERETO, WHETHER OR NOT THE SELLER OWNED THE PROPERTY AT THE TIME SAID COSTS WERE ASSESSED OR INCURRED AND WHETHER OR NOT SELLER HAD ACTUAL OR CONSTRUCTIVE NOTICE OF THE EXISTENCE OF SAID COSTS/LIENS/ASSESSMENTS/JUDGMENTS. Buyer is responsible for verifying any possible liens/judgments/assessments that may not be of record and releases Seller from any and all liability and as also set forth in the Release contained herein in Paragraph W. None of the provisions of the Contract or the First Addendum will survive the delivery of the Deed. (Buyer's Initials) (N) TITLE AGENT The Buyer is entitled to legal representation at the closing and may elect to have such representation at Buyers own expense. Buyer and any Buyer's Lender/ Title Company/ Attorney if applicable, agrees to cooperate with Seller's Title/ Closing Company at no extra expense to the Seller. It is Seller's intent to deliver an Owners Title Insurance Policy in lieu of an abstract in the customary states. The Buyer hereby accepts the Owners Title Insurance Policy in lieu of an abstract, if applicable. The seller agrees to pay the premium for an Owners Policy only if the policy is issued by Seller's selected Title/Closing Company or their title insurance agent. Seller shall pay its own title examination fee to Seller's Title/Closing Company, as well as a standard base Owners Policy of title insurance premium based upon the sales price, supplied to the Buyer by Seller and Seller shall also select the title agent issuing same. Unless otherwise specified by Buyer, all closing transactions will be conducted by Seller's Title/ Closing Company at a time and location selected by Seller or Seller's Title/Closing Company. Buyer shall pay their share of all customary closing fees. and title fees to the Settlement and Closing /Title agent. If Seller permits in writing, Buyer or Buyer's Lender/Title Company/Attorney if applicable, to use a non Seller selected Closing Agent/ Title company or Attorney if applicable, then all closing transaction and title fees of both the Buyer and Seller will still be the buyers responsibility to pay on the HUD closing statement at the time of closing, which include all Seller fees charged by Seller's Attorney, Seller's Title Company, and Seller's Closing Company (Buyer Initials) 263 (O) INSURANCE POLICIES Seller's insurance policies on the subject property of the closing are not transferable, and will not be prorated at Closing. (P) TITLE DEFECTS In the event that a title defect is discovered prior to closing date, then Seller shall have the unlimited right to be entitled to a thirty (30) day extension within which to resolve any title exceptions or defects or other title issues which in any way impede or impair Seller's ability to convey title as required herein. This additional period thirty (30) day period shall hereinafter be referred to as "Extended Closing Period". If, within such Extended Closing Period, the Seller determines that it is unable or unwilling, at its sole discretion, to resolve such matters then the buyer may elect to: (1) take title to the subject property in its then state, thereby waiving any title objections, ox (2) terminate the contract and receive a refund of the Deposit as deemed in Paragraph B(5) which is Buyer's sole and exclusive remedy against Seller for Seller's inability to deliver insurable title and fully releases seller as fully set forth in Paragraph W contained herein. (Q) ~,/(_~LEAD-BASED PAINT CONTINGENCY Buyer's obligation to close this transaction is contingent upon Buyer conducting a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards, at the Buyer's sole cost and expense, on or before Spm eastern time on that date ten (10) days from the Contract Date (the "LBP Test Period"). Intact lead-based paint that is in good condition is not necessarily a hazard (see the EPA pamphlet "Protect Your Family From Lead in Your Home" for more information). This contingency will terminate at the expiration of the LBP Test Period unless Buyer delivers to Seller written notice listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. Seller may, at Seller's sole discretion, within ten(10)days after delivery of the notice, elect in writing whether to correct the condition(s) prior to settlement. If Seller elects to coxxect the condition, Seller shall, upon completion of the correction(s), furnish to Buyer certification from a risk assessor or inspector demonstrating that the condition has been remedied. If Seller does not elect to make the repairs, or if Seller counter-offers, Buyer shall have five (5) days to respond to the counter-offer or remove this contingency and take the Properly in "as is" condition or this Agreement shall become void. Buyer may remove this contingency at any time without cause. (R) (_~/UWAIVER OF LEAD-BASED PAINT INSPECTION PERIOD; SELLER'S REPRESENTATION'S Buyer acknowledges that it has had the opportunity to undertake studies, inspections or investigations of the Property as Buyer deemed necessary to evaluate the presence of lead-based paint and/or lead-based paint hazards on the Property. To the extent that Buyer has waived or otherwise declined the opportunity to undertake such inspections and investigations as a condition to the completion of the Closing under the terms of this Agreement, Buyer has knowingly and voluntarily done so. Buyer understands and acknowledges that the Properly may have been built prior to 1978 and lead-based paint and/or lead-based paint hazards may be present on the Property. In accordance with the Section 1018 of Title X, the Residential Lead-Based Paint Hazard Reduction Act of 1992, attached to this Agreement as Exhibit "H" and made part hereof, Seller attaches the Disclosure of Information on Lead Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement. Seller shall have no responsibility or liability with xespect to any such occurrence of lead-based paint. It is understood by the parties that Seller does not make any representation or warranty, express or implied, as to the accuracy or completeness of any information contained in Seller's files or in the documents produced by Seller or its agents, including, without limitation, any environmental audit or report. Buyer acknowledges that Seller and Seller's affiliates shall have no responsibility for the contents and accuracy of such disclosures, and Buyer agrees that the obligations of Seller in connection with the purchase of the Property shall be governed by this Agreement irrespective of the contents of any such disclosures or the timing or delivery thereof. (Buyer's Initials) 6 264 (S) CLOSING DATE /TIME OF THE ESSENCE It is agreed that time is of the essence with respect to all dates specified in the Contract and any addenda, riders or amendments thereto. This means that all deadlines are intended to be strict and absolute. In the event Buyer fails to close on the scheduled closing date through no•fault of the Seller, Seller may, in its discretion, agree to extend the closing date for up to 10 days. In the event seller agrees to extend the closing date, buyer shall pay, in addition to the Sale Price, a (1) $300.00 fee for the extension, and (2) a per diem penalty of $100.00 ($150.00 per diem if this is a cash offer) fox each day that the closing day is extended to the maximum of 10 days. In addition, there shall be a per diem penalty of $20.00 deducted from the selling broker's commission for each day that the closing is extended beyond the scheduled closing date. Buyer assumes all liability in providing all necessary information to their lender. Furthermore, Buyer shall instruct their lender and attorney to work in conjunction with the brokers to ensure a timely closing. The Broker and Co-Broker if applicable, shall assume all responsibility for follow-up with the Buyer, any lender or mortgage representative involved in financing this transaction, and either party's attorney and/or title company to ensure that there is no delay in closing. Purchaser will not be given possession, or may not occupy the premises prior to closing and disbursement of sale proceeds. (T) NO ALTERATIONS PERMITTED WITHOUT PRIOR CONSENT: Purchaser shall be considered in default of the Contract of Sale in the event Purchaser occupies or alters the property or permits it to be altered unless provided for in the Contract for Sale or unless prior written consent has been obtained from the Seller. Buyer shall be required to return the subject property to its original condition, at thew own expense, should Seller so request in writing. (in TERMINATION OF CONTRACT In the event the Contract is terminated by Seller pursuant to any provision of the Contract, this First Addendum, any other addendum, or in the event Seller is otherwise unable to or elects not to perform this contract, Seller's sole liability to Buyer will be to return Buyer's deposit, at which time the Contract shall cease and terminate and Seller and Buyer shall have no further obligations, liabilities or responsibilities to one another. (V) SEVERABILITY If any provisions of this Addendum shall be prohibited by or invalid under applicable law, such provisions shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Addendum or the Sales Contract. (Buyer's Initials) (VV) HOA ASSESSMENTS HOA assessments shall b.e based on the assessment rate in effect as of the actual date of Closing. Any special assessment levied and payable in installments shall be prorated to the Closing Date and any installments due after the actual date of closing shall be paid by Buyer, in no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of closing. (Buyer's Initials) ~X RELEASE In consideration of the sale of the Property to the Buyer, and/or inconsideration of Seller paying title examination fee and the premium for the title insurance policy, receipt of which is hereby acknowledged, upon the effective date of the Contract, Buyer does hereby release and agree to indemnify, hold harmless and forever discharge the Seller, as owner of the Property, and its officers, employees, agents, successors and assigns, from any and all claims, liabilities, or causes of action of any kind that the Buyer may now have or at any time in the future including but not limited to the Offer and Acceptance (Paragraph A), the Conflict Provision (Paragraph C), Assignment issues (Paragraph D), Representations (Paragraph E), Financing Contingency (Paragraph F ), .Inspection issues (Paragraph H ), Seller's exercise of its unlimited 7 265 right to cancel Contract and Addendum (Paragraph I ), Repairs (Paragraph J), Seller's definition of liquidated damages {Paragraph K ), Subsequent Notice of Liens (Paragraph M), Seller's ability to Transfer Title (Paragraphs N and P ), Repairs, Lead Based Contingency .Issues (Paragraphs Q and R ), and Prohibition on Alterations to Property (Paragraph T). Buyer further expressly waives the (a) remedy of specific performance on account of Seller's default under this Agreement for any reason, and (b) any right otherwise to record or file a lis pendens or a notice of pendency of action or similar notice against all or any portion of this Property. Seller• OCWEN LOAN SERVICING, LLC Buyer: Name Printed: Buyer: Name Printed: Listing agent: Signature• .•L~ Name Printed: S-~'tv~.n .-.Oc~nes Buyer's agent: Signature: Name Printed: Date E;/i~~dS Date 8 Date Date Date 266 L9Z ~~;-a ~ Wn . _ __ _ _ - !~ 3 4 , k~ g 4 ~ ~ I fief} F t 4~ ' ~`-rd t t' ~Lr-~" 'rsr s c ~ ~ A ,~ ' ~ N ~ ~T ~ tl~y .~. ,` Y ~=._.,_ 1 CT~ Im, _.. .m,,.=_~_~.e.6,i~iY ). ~a~ ., c,T~~ ~eS~LIl~Y~` ?_. c, h~- ~ I { ~~~- Yx _ ~. f ~~# ~u ~ ~ , thI ~ ~-' ti +~' t~ ~ j y ~ r ~'• •`~w ~ ~~k ~ i r ~ ~ z ~ ~ ~ ~ ~ ~ h ,~ r . ~ ~ t 11•~ ' i 3 ~ in` ~ d Id { 5~ '3~ i1 e: ( 3 ,~' t~ {~;. ~j 0117 S `~ ~i COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Community Development APPROVAL ITEM: Adopt Resolution 2008-185, Approving BY: Sheila Cartney BY~i ,/~ / the Acquisition of Property Located at 4631 DATE: August 18, 2008 ~~ Pierce Street BACKGROUND: The property located at 4631 Pierce Street N.E. has an existing side-by-side duplex that was built in 1962.The duplex has been used for rental property and has not been internally maintained. Both sides of the duplex have been completely stripped of all copper, plumbing fixtures and stairway banisters. The heating source has been removed along with the water heaters. One side of the duplex is in complete disarray from the carpet to the kitchen cabinets. Staff estimates it would take at least $60-70,000 in renovations to make this duplex habitable. Based on Council direction staff made an offer on this property. The original listing price was $139,000.00 staff has secured a purchase price of $132,000 plus closing costs. The funds will be taken out of the 2007 housing fund. The following are some options for the Council to discuss regarding reuse: 1) Demolition of the site and sell the property for a single family use 2) Sell the property to the Two Rivers Community Land Trust 3) Work with GMHC 4) City invest money for renovations, subdivide the property and sell each unit 5) Use the property for a temporary public use RECOMMENDATION: Staff recommends Adoption of Resolution 2008-185, Approving Acquisition of Property located at 4631 Pierce Street NE. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2008-185, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-185, a Resolution Approving the Acquisition of Property located at 4631 Pierce Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution, Pa~rchase A reement, Photo o site COUNCIL ACTION H:\City Council\Letters\2008\Kes.2008-18~ 4bs i r~erce 268 CITY OF COLUMBIA HEIGHTS RESOLUTION 2008-185 APPROVING THE ACQUISITIONOF PROPERTY LOCATED AT 4631 PIERCE STREET WHEREAS, the City has found that there exists conditions of deterioration, and substandard structure, in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area: and WHEREAS, the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Realty Executives Top Producers (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 4631 Pierce Street NE between the City of Columbia Heights and Realty Executives Top Producers and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $132,000.00 plus all ancillary costs associated with closing. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the .City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Housing Fund established in 2007. Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk H:\City Council\Resolutions\2008\Res.2008-185, purchase 4631 Pierce St. 269 REALTY ExECUTIVES Top Producers BUYER PURCHASING "AS IS" ADDENDUM This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2006 Minnesota Association of REALTORS®, Edina, MN Date Auauat 18 2008 2. Page Addendum to Purchase Agreement between parties, dated August 18 2008 ,pertaining 4. to the purchase and sale of the property at 4631/4633 Pierce st NE 5, Columbia Heighta, ~ 55421 6. DISCLOSURE REQUIRED: Under Minnesota law, Sellers of residential property, except by waiver or with limited 7. exceptions, are obligated to disclose to prospective Buyers all material facts of which Seller is aware that could adversely 8. and significantly affect an ordinary Buyer's use or enjoyment of the property or any intended use of the property of 9. which Seller is aware. Such a disclosure is not a warranty or a guarantee of any kind by Seller or licensee representing 10. or assisting any party in the transaction. Seller agrees to notify Buyer immediately in writing of any substantive changes 11. from any prior representations regarding the property. 12. (Check appropriate box.) 13. ^ Buyer has received and had an opportunity to review the Seller's Property Disclosure Statement; 14. or 15. ^x Buyer has received and had an opportunity to review the Seller's Disclosure Alternatives form. 16. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other improvements 17. and fixtures, is not new and is being purchased "AS IS". 18. Buyer understands that the property, as defined above, will be purchased in the condition it is in at the time of Purchase 19. Agreement. Buyer shall have the right to awalk-through review of the property prior to closing. To the extent there 20. is a material change in the condition of the property arising between the date of the Purchase Agreement and the 21. closing date, Seller shall be responsible for restoring the property to substantially the same condition it was in on the 22. date of the Purchase Agreement, except that Seller shall have NO OBLIGATION OR RESPONSIBILITY to repair or 23. replace central air-conditioning, heating, plumbing (including individual sewage treatment systems, unless otherwise 24. required by law), wiring systems or wells on the property if they fail between the date of Purchase Agreement and the 25. date of closing. This provision voids lines 210-212 of the Purchase Agreement. 26. RISK OF LOSS: The Risk of Loss provision in the Purchase Agreement is modified as follows. If there is any loss 27. or damage to the property between the date of Purchase Agreement and the date of closing for any reason, including fire, 28. vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller except that Seller shall have NO 29. OBLIGATION OR RESPONSIBILITY to repair or replace central air-conditioning, heating, plumbing (including individual 30. sewage treatment systems, unless otherwise required by law), wiring systems or wells on the property if they fail between 31. the date of Purchase Agreement and the date of closing. If the property is destroyed or substantially damaged before 32. the closing date, this Purchase Agreement is canceled, at Buyer's option, by written notice to Seller or licensee 33. representing or assisting Seller. If Buyer cancels this Purchase Agreement, Buyer and Seller shall immediately sign 34. a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder 35. to be refunded to Buyer. 36. RIGHT OF INSPECTION: Buyer shall have the right to inspect the property or to have it inspected by a person of 37. Buyer's choice, at Buyer's expense. 38. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 39. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:BPAIA-1 (8/06) REALTY EXECUTIVESI 4325 PHEASANT RIDGE DRBLAINE, MN 55449 Phone: (651) 288 - 4880 Fax: (651) 288 - 4889 Steve Jones 4631 Pierce St Produced with ZipFormTM' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipform.com 270 REALTY ExECUTIIVES Top Producers BUYER PURCHASING "AS IS" ADDENDUM 40. Page 4631/4633 Pierce St NE 41. Property located at Columbia Heights l~T 55421 42. SETTLEMENT IS FINAL: It is understood that Buyer accepts the property "AS IS. ANY WARRANTIES OF PHYSICAL 43. CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT INCLUDING, BUT NOT LIMITED 44. TO, CENTRAL AIR-CONDITIONING, HEATING, PLUMBING, WIRING, AND CONNECTION TO CITY SEWER AND 45. CITY WATER ARE VOID. This provision shall survive delivery of the deed or contract for deed. All other warranties 46. specified in the Purchase Agreement remain the same. 47. OTHER: 48. 49. 50. 51. 52. 53. 54, 55. 56 57 58. 59. 60. 61. (Seller) (Date) (Buyer) City of Columbia Heights (Date) 62 (Seller) (Date) (Buyer) (Date) 63. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 64. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:BPAIA-2 (8/06) Produced with ZipFormT^" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4631 Pierce St 271 REALTY PURCHASE AGREEMENT EXECUTIVES This form approved by the Minnesota Association of REALTORS®, To Producers which disclaims any liability arising out of use or misuse of this form. P ©2007 Minnesota Association of REALTORS®, Edina, MN 1. Date August 18 , 2008 2. Page 1 of 3. RECEIVED OF City of Columbia Heights 4 _. 5. the sum of Dollars ($ zero ) 6. by^ CHECK ^ CASH ^ NOTE as earnest money to be deposited upon acceptance of Purchase ------------------(Check one.)------------------ 7. Agreement by all parties, on or before the third business day after acceptance, in the trust account of listing 8. broker, unless otherwise agreed to in writing, but to be returned to Buyer if Purchase Agreement is not accepted 9. by Seller. Said earnest money is part payment for the purchase of the property located at: 10. Street Address: 4631/4633 Pierce St NE 11. City of Columbia Heights County of Anoka 12. State of Minnesota, legally described as Parkview Terrace city of Columbia Heights Lot 4, sik 1, 13. Parkview Terrace 14. 15. including all fixtures on the following property, if any, owned by Seller and used and located on said property, 16. including but not limited to garden bulbs, plants, shrubs and trees; storm sash, storm doors, screens and awnings; 17. window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs; plumbing 18. fixtures, water heater, heating plants (with any burners, non-fuel tanks, stokers and other equipment used in connection 19. therewith), built-in air-conditioning equipment, electronic air filter, water softener ^ OWNED ^ RENTED ^x NONE, ------------------------(Check on 8.)----------------------- 20. built-in humidifier and dehumidifier, liquid fuel tank(s) ^ OWNED ^ RENTED ^x NONE and controls (if the --------------------------(Check one.)-------------------------- 21. property of Seller), sump pump; attached television antenna, cable TV jacks and wiring; BUILT-INS: dishwashers, 22. garbage disposals, trash compactors, ovens, cook-top stoves, microwave ovens, hood fans, intercoms; 23. ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 24. heatilators; AND the following personal property: zone 25. 26. 27. all of which property Seller has this day agreed to sell to Buyer for sum of ($ $132 , 000.00 ) 28. One hundred thirty-two thousand _ Dollars, 29. which Buyer agrees to pay in the following manner: 30. 1. Cash of at least 100.000 percent (%) of the sale price, which includes the earnest money; PLUS 31. 2. Financing, the total amount secured against this property to fund this purchase, not to exceed zero 32. percent (%) of the sale price. 33. 34. 35. Such financing shall be (check one) ^ a first mortgage; ^ a contract for deed; or subordinate financing, as described in the attached Addendum: ^ Conventional ^ FHA ^ DVA ^ Assumption ^ Contract forDeed ^x Other: Cash 36. The date of closing shall be on or before 9/26 , 37. This Purchase Agreement ^ IS ^x IS NOT subject to a Contingency Addendum for sale of Buyer's property. ------(Check one.)------- 38. (If answer is IS, see attached Addendum.) 39. (If answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing 40. is applicable.) MN:PA-1 (8/07) REALTY EXECUTIVESI 4325 PHEASANT RIDGE DRBLAINE, IvIN 5544) Phone: (G51) 288 - 4880 Fax: (65l) 288 - 4889 4631 Pierce Sl Steve Jones Produced with ZipFormTM' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48028 www.zipform.com ^ a first mortgage with 272 REALTY PURCHASE AGREEMENT ExECiJTIYES 4631/4633 Pierce St NE 41. Address Columbia Heights, MN 55421 Top Producers 42. Page 2 Date August 18, 2008 43. This Purchase Agreement ^ IS ^x IS NOT subject to cancellation of a previously written purchase agreement ______(Check one.)------ 44. dated 45. (If answer is IS, said cancellation shall be obtained no later than ~ If 46. said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 47. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 48. hereunder to be refunded to Buyer.) 49. Buyer has been made aware of the availability of property inspections. Buyer ^ Elects ^x Declines to have a ------------(Check one.)------------- 50. property inspection performed at Buyer's expense. 51. This Purchase Agreement ^ IS ^x IS NOT subject to an Inspection Contingency Addendum. -----(Check one.)----- 52. (If answer is IS, see attached Addendum.) 53. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a 54. ^ Warranty Deed or ^Q Other: T~imited Deed joined in by spouse, if any, conveying ----------------------------------------------(Check one.)-------------------------------------------- 55. marketable title, subject to 56. (a) building and zoning laws, ordinances, and state and federal regulations; 57. (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; 58. (c) reservation of any mineral rights by the State of Minnesota; 59. (d) utility and drainage easements which do not interfere with existing improvements; 60. (e) rights of tenants as follows (unless specified, not subject to tenancies): 61 62. (f1 others (must be specified in writing): 63. 64. 65. 66. 67. and 68. ^ BUYER SHALL PAY ^x SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green ----------------------------------(Check one.)------------------------------ 69. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 70. ^ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ~ SELLER SHALL PAY ON 71. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 72. payable in the year of closing. 73. ^ BUYER SHALL ASSUME ^x SELLER SHALL PAY on date of closing all other special assessments levied as ------------------------------------(Check one.)------------------------------------- 74. of the date of this Purchase Agreement. 75. ^ BUYER SHALL ASSUME ^x SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as 76. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 77. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments or 78. less, as required by Buyer's lender.) 79. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 80. which is not otherwise herein provided. MN:PA-2 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile R273 Fraser, Michigan 48026 www.zipform.com 4631 Pierce St REALTY PURCHASE AGREEMENT ExECi/TIVES 4631/4633 Pierce St NE 81. Address Columbia Heights, MN 55421 Top Producers 82. Page 3 Date August 18, 2008 83. As of the date of this Purchase Agreement, Seller represents that Seller ^ HAS ~ HAS NOT received a notice -----------(Check one.)------------ 84. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 85. against the property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 86. shall be provided to Buyer immediately. If such notice is issued after the date of this Purchase Agreement and on 87. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 88. for the payment of or assume the special assessments. In the absence of such agreement, either party may declare 89. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 90. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 91. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 92. directing all earnest money paid hereunder to be refunded to Buyer. 93. Buyer shall pay ~ PRORATED FROM DAY OF CLOSING ^ 12ths OF ^ ALL ^ NO real estate taxes due -----------------------------------------------------------(Check one.)-------------------------------------------------------------- 94. and payable in the year 20 08 95. Seller shall pay ~ PRORATED TO DAY OF CLOSING ^ 12ths OF ^ ALL ^ NO real estate taxes due (Check one.)-------------------------------------------------------------- ' 96. payable in the year 20 08 . If the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted 97. to the new closing date. Seller warrants taxes due and payable in the year 2008 shall be ^ FULL- ^ PART- ^x NON- ----------------(Check one.)------------------ 98. homestead classification. 99. If part- ornon-homestead classification is checked, Seller agrees to pay Buyer at closing $ zero 100. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes 101. when they become due and payable. Buyer shall pay real estate taxes due and payable in the year following closing 102. and thereafter, the payment of which is not otherwise herein provided. No representations are made concerning the 103. amount of subsequent real estate taxes. 104. POSSESSION: Seller shall deliver possession of the property no later than Immediatly after closing. 105. All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and natural gas shall 106. be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of fuel oil or liquid 107. petroleum gas on the day of closing, at the rate of the last fill by Seller. Seller agrees to remove ALL DEBRIS AND 108. ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. 109. TITLE AND EXAMINATION: Within a reasonable time period after acceptance of this Purchase Agreement, Seller 110. shall provide one of the following title evidence options, at Seller's selection, which shall include proper searches 111. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer 112. or Buyer's designated title service provider: 113. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed 114. to write title insurance in Minnesota as selected by Buyer. Seller shall be responsible for the title search and 115. exam costs related to the commitment. Buyer shall be responsible for all additional costs related to the issuance 116. of the title insurance policy(ies) including but not limited to the premium(s), Buyer's name search and plat 117. drawing, if any. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, if in 118. Seller's possession or control, for this property to Buyer or Buyer's designated title service provider. 119. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract (RPA) certified to 120. date if Registered (Torrens) property. Seller shall pay for the abstracting or RPA costs and surrender any 121. abstract for this property in Seller's possession or control to Buyer or Buyer's designated title service provider. 122. If property is Abstract and Seller does not have an Abstract of Title, Option (1) will automatically apply. 123. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not 124. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable, or in 125. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30-day extension, Buyer 126. and Seller may, by mutual agreement, further extend the closing date. Lacking such extension, either party may declare 127. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 128. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 129. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 130. directing all earnest money paid hereunder to be refunded to Buyer. MN:PA-3 (8/07) Produced with ZipFormT^^ by RE FormsNet, LLC 18070 Fifteen Mile Rpad4 Fraser, Michigan 48026 www.zioform.com 4631 Pierce St REALTY' ExECUTIVES Top Pvoducers PURCHASE AGREEMENT 131. Page 4 132. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 133. all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description 134. of the real property to be conveyed has been or shall be approved for recording as of the date of closing. Seller warrants 135. that the buildings are or shall be constructed entirely within the boundary lines of the property. Seller warrants that 136. there is a right of access to the property from a public right-of-way. These warranties shall survive the delivery of the 137. deed or contract for deed. 138. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures 139. or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or 140. repair of any structure on, or improvement to, the property. 141. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation proceedings, 142. or violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller warrants that 143. Seller has not received any notice from any person or authority as to a breach of the covenants. Any such notices 144. received by Seller shall be provided to Buyer immediately. 145. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to 146. herein. 147. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing for any 148. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property 149. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 150. by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase Agreement, 151. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 152. directing all earnest money paid hereunder to be refunded to Buyer. 153. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 154. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed 155. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written or 156. oral agreements between Seller and Buyer. This Purchase Agreement can be modified or canceled only in writing 157. signed by Seller and Buyer or by operation of law. All monetary sums are deemed to be United States currency for 158. purposes of this Purchase Agreement. Buyer or Seller may be required to pay certain closing costs, which may effectively 159. increase the cash outlay at closing or reduce the proceeds from the sale. 160. ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy must be 161. delivered. 162. DEFAULT: If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement 163. under the provisions of MN Statute 559.21. If either Buyer or Seller defaults in any of the agreements hereunder or 164. there exists an unfulfilled condition after the date specified for fulfillment, either party may cancel this Purchase 165. Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that this Purchase Agreement is 166. canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 559.217, 167. Subd. 4. 168. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 169. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 170. specific performance, such action must be commenced within six months after such right of action arises. 171. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 172. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 173. by contacting the local law enforcement offices in the community where the property is located or the Minnesota 174. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 175. www.corr.state.mn.us. MN:PA-4 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipform.com 4631 Pierce St 275 REALTY E~ECI/TIVES Top Producers 178. ENVIRONMENTAL CONCERNS: To the best of Seller's knowledge, there are no hazardous substances or underground 179. storage tanks except herein noted: 180, 181. 182, 183. 184. 185. 186. 187. 188. 189. (Check appropriate boxes.) 190. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 191. CITY SEWER ^x YES ^ NO /CITY WATER ^x YES ^ NO 192. PRIVATE SEWER SYSTEM 193. SELLER CERTIFIES THAT SELLER ^ DOES ^x DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON OR ----------------(Check one.)--------------- 194. SERVING THE PROPERTY. (If answer is DOES, see Private Sewer System Disclosure Statement.) 195. PRIVATE WELL 196. SELLER CERTIFIES THAT SELLER ^ DOES ^x DOES NOT KNOW OF A WELL ON OR SERVING THE ---------------(Check one.)-------------- 197. PROPERTY. (If answer is DOES and well is located on the property, see Well Disclosure Statement.) 198. THIS PURCHASE AGREEMENT ^ IS ~ IS NOT SUBJECT TO A PRIVATE SEWER AND WELL INSPECTION ---------(Check one.)--------- 199. CONTINGENCY ADDENDUM. (If answer is IS, see attached Addendum.) 200.1E A WELL OR PRVATE SEWER SYSTEM EXISTS ON THE PROPERTY, BUYER HAS RECEIVED A WELL 201. DISCLOSURE STATEMENT AND/OR A PRIVATE SEWER SYSTEM DISCLOSURE STATEMENT. 202. (Licensee) 203. Steven Jones is ^x Seller's Agent ^ Buyer's Agent ^ Dual Agent ^ Facilitator. (Licensee) -------------------------------------------------(Check one.)-------------------------------------------------- 204. Realty Executives Top Producers _ (Real Estate Company Name) 205 206 207 PURCHASE AGREEMENT 4631/4633 Pierce St NE 176. Address Columbia Heights, NIld 55421 177. Page 5 Date August 18 , 2008 NOTICE is ^ Seller's Agent ^ Buyer's Agent ^ Dual Agent ^ Facilitator. (Real Estate Company Name) THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8/07) Produced with ZipFormT^' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4631 Pierce St 276 REALTY PURCHASE AGREEMENT EXECUTIVES 4631/4633 Pierce St NE Top Producers 208. Address Columbia Heights, MN 55421 209. Page 6 Date August 18, 2008 210. SELLER WARRANTS THAT CENTRAL AIR-CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED 211. AND LOCATED ON SAID PROPERTY SHALL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS 212. NOTED IN THIS PURCHASE AGREEMENT. 213. BUYER HAS THE RIGHT TO AWALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 214. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 215. THIS PURCHASE AGREEMENT. 216. BUYER ^x HAS ^ HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A --------------(Check one.)------------- 217. SELLER'S DISCLOSURE ALTERNATIVES FORM. 218. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. SELLER AGREES TO 219. NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM ANY PRIOR 220. REPRESENTATIONS REGARDING THE PROPERTY. 221. IN THE EVENT A SELLER'S DISCLOSURE ALTERNATIVES FORM IS USED IN THIS TRANSACTION, DISREGARD 222. LINES 223 THROUGH 228. 223. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE 224. PROBLEMS OF WATER IN BASEMENT OR DAMAGE CAUSED BY WATER ICE OR ICE BUILDUP ON ROOF OF 225. THE PROPERTY, AND BUYER RELIES SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY 226. SELLER. 227. SELLER ^ HAS ^x HAS NOT HAD A WET BASEMENT AND ^ HAS ^x HAS NOT HAD ROOF, WALL OR Check one.)------------ ------------(Check one.)------------- ------------( 228. CEILING DAMAGE CAUSED BY WATER OR ICE BUILDUP. 22g, DUAL AGENCY REPRESENTATION 230. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 231. ^x Dual Agency representation DOES NOT apply in this transaction. Disregard lines 232-248. 232. ^ Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 233-248. 233. Broker represents both the Seller(s) and the Buyer(s) of the property involved in this transaction, which creates a 234. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 235. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 236. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 237. Seller(s) and Buyer(s) acknowledge that 238. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 239. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 240. information will be shared; 241. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 242. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 243. the sale. 244. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 245. and its salesperson to act as dual agents in this transaction. 246. Seller Buyer City of Columbia Heights 247. Seller Buyer 248. Date Date MN:PA-6 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4631 Pierce St 277 REALTY ExECUTIVES Top Producers PURCHASE AGREEMENT 4631/4633 Pierce St NE 249. Address Columbia Heights, MN 55421 250. Page 7 Date August 18, 2008 251. OTHER: This purchase agreement is aontinaent ut~on the City Council's action at the 252. Council meeting August 25, 2008 The Council's need to approval the sale of the the 253. tnroperty - 254 255. Other addenda may be attached which are made a part of this Purchase Agreement. (Enter total number of pages of 256. this Purchase Agreement, including addenda, on line two (2) of page one (1).) 257. I, the owner of the property, accept this Purchase I agree to purchase the property for the price and on 258. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above. 259. said property from the market, unless instructed I have reviewed all pages of this Purchase 260. otherwise in writing. Agreement. 261. I have reviewed all pages of this Purchase Agreement. 262. ^ If checked, this Purchase Agreement is subject to 263. attached Counteroffer Addendum. 264. X (Seller's Signature) 265. X (Seller's Printed Name) 266. X (Marital Status) 267. X (Seller's Signature) 268. X (Seller's Printed Name) 269. X (Marital Status) 270. FINAL ACCEPTANCE DATE X X (Marital Status) (Date) X (Buyer's Signature) X (Buyer's Printed Name) (Martial Status) 271. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 272. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 273. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION 274. DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, WHICH IS AN OPTIONAL, 275. VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. 276. SELLER(S) BUYER(S) 277. SELLER(S) BUYER(S) (Date) X (Date) (Buyer's Signature) X Citv of Columbia Heights (Buyer's Printed Name) (Date) MN:PA-7 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile RZ~$Fraser, Michigan 48026 www.zioform.com 4631 Pierce St REALTY ExECUTIVES Top Producers ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2006 Minnesota Association of REALTORS, Edina, MN Date 2. Page 3. Addendum to Purchase Agreement between parties, dated August 18 2008 , 4, pertaining to the purchase and sale of the property at 4631/4633 Pierce st rrE 5. Columbia Heights, NIld 55421 - 6. Section I: Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified 8. that such property may present exposure to lead from lead-based paint that may place young children at risk of 9. developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including 10. learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also 11. poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide 12. the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's 13 possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible 14. lead-based paint hazards is recommended prior to purchase. 15. Seller's Disclosure (initial) 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. (a) Presence of lead-based paint and/or lead-based paint hazards. (Check one below.) ^ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): ^x Seller has no knowledge of lead-based paint and/or -ead-based paint hazards in the housing. (b) Records and reports available to the seller. (Check one below.) ^ Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below): ^x Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. 29. Buyer's Acknowledgment (initial) 30. (c) Buyer has received copies of all information listed under (b) above. 31. (d) Buyer has received the pamphlet, Protect Your Family from Lead in Your Home. 32. (e) Buyer has (check one below): 33. ^ Received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment 34. or inspection for the presence of lead-based paint and/or lead-based paint hazards (if checked, 35. see Section ll on page 2); or 36. ^ Waived the opportunity to conduct a risk assessment or inspection for the presence of lead- 37. based paint and/or lead-based paint hazards. TLX:SALE-1 (8/06) REALTY EXECUTIVES l 4325 PHEASANT RIDGE DRELAINE, MN 55447 Phone: (G51) 288 - 4880 Fas: (G51) 288 - 4R89 4631 Pierce S1 Steve tones Produced with ZipForrnT'^ by RE FormsNel, LLC 16070 Frfteen Mlle Road, Fraser, Michigan 46026 www.ziaform.com 279 REALTY ExECUTIVES Top Producers ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 38. Page 4631/4633 Pierce St NE 39. Property located at Columbia Heights, t+Ild 55421 40. Real Estate Licensee's Acknowledgement (initial) 41. (f) Real estate licensee has informed Seller of Seller's obligations under 42 U.S.C. 4852(d) and is aware 42. of licensee's responsibility to ensure compliance. 43. Certification of Accuracy 44. The following parties have reviewed the information above and certify, to the best of their knowledge, that the information 45. provided by the signatory is true and accurate. 46. (Seller) (Date) 47. (Date) (Seller) 48. (Real Estate Licensee) (Date) Steven Jonea (Buyer) City of Columbia Heights (Date) (Buyer) (Date) (Real Estate Licensee) (Date) 49. Section II: Contingency (Initial only if first box under (e) is checked in Buyer's Acknowledgment above.) 50. This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead- 51. based paint and/or lead-based paint hazards to be conducted at Buyer's expense. The assessment or inspection 52. shall be completed within ^ ten (10) ^ calendar days after acceptance of the Purchase Agreement. This ----------(Check one.)---------- 53. contingency shall be deemed removed, and the Purchase Agreement shall be in full force and effect, unless Buyer or 54. real estate licensee representing or assisting Buyer delivers to Seller or real estate licensee representing or assisting 55. Seller, within three (3) calendar days after the assessment or inspection is timely completed, a written list of the specific 56. deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If Seller 57. and Buyer have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections 58. that: (A) some or all of the required corrections will be made; or (B) Buyer waives the deficiencies; or (C) an adjustment to 59. the purchase price will be made; this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a 60. Cancellation. of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to 61. be refunded to Buyer. It is understood that Buyer may unilaterally waive deficiencies or defects, or remove this contingency, 62. providing that Buyer or real estate licensee representing or assisting Buyer notifies Seller or real estate licensee 63. representing or assisting Seller of the waiver or removal, in writing, within the time specified. TLX:SALE-2 (8/06) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4631 Pierce St 280 WAIVER OF SELLER'S DISCLOSURE REQUIREMENTS FOR RESIDENTIAL REAL PROPERTY AND HOLD HARMLESS AGREEMENT ("Waiver and Hold Harmless Agreement") Seller: Owner of Record Buyer: City of Columbia Heights Property Address: 4631/4633 Pierce St NE Columbia Heights, MN 55421 __ (The "Property") Date: 8/18/2008 Buyer desires to purchase the Property from Seller, pursuant to a purchase and sale agreement (the "Agreement") to be entered into between Seller and Buyer. Effective on January 1, 2003, Minnesota law requires that the Seller either provide the prospective buyer of single-family residential real property with a written disclosure of all material facts pertaining to adverse physical conditions in the Property or which the Seller is aware of, or provide a report concerning the physical condition of the Property prepared by a qualified third party. The law also permits the Seller and the Buyer to waive those disclosure provisions. Buyer (whether one or more) and Seller herby waive, in their entirely to the full extent permitted by law, the written disclosure provisions set forth in sections 513.52 to 513.60 of the Minnesota Statutes Annotated, pursuant to the provisions of section 513.60 of the Minnesota Statutes Annotated concerning the above described Property. Buyer acknowledges that Buyer has been given an ample opportunity to seek the advice of Buyer's own chosen legal counsel concerning the agreement, the Property and this Waiver and Hold Harmless Agreement. Notwithstanding anything to the contrary in the Agreement, Buyer herby specifically holds Seller harmless from any other person or entity, as to any matter involving the disclosure set forth in sections 513.52 to 513.60 or claims made against Seller, at any time, concerning the disclosures set forth in sections 513.52 to 513.60 of the Minnesota Statutes Annotated concerning the Property made by Buyer, Buyer's successors, assigns, heirs, insurers, agents or any other person or entity. The parties herein agree that except as otherwise provided herein, the Agreement provisions shall be in full force and effect. Buyer's Initial: Seller's Initial: 281 This Waiver and Hold Harmless Agreement shall be binding and inure to the benefit of the Buyer and Seller and their heirs, successors, assigns, agents, employees and officers and shall survive the closing of the sale of the Property pursuant to the Agreement. Buyer: Seller: 2 2s2 REAL ESTATE DISCLOSURE ADDENDUM AND RELEASE Property Address: 4631/4633 Pierce StNE__ Columbia Heights, MN 55421 Buyer(s) and Buyer(s) Agent acknowledge that they are aware that due to possible water damage and/or excessive moisture mold, mildew and/or other microscopic organisms may be present within the subject property. Buyer(s) and Buyer(s) Agent are aware that exposure to certain species of mold may pose serious health risks, particularly in individuals with immune system deficiencies, allergies or respiratory problems, and no investigation undertaken in connection with mold, fungal spores, or any other microscopic organisms that may be present within the subject property. Buyer(s) and Buyer(s) Agent acknowledged the property is being sold conveyed "AS IS". Buyer(s) have had, or will have had, prior to closing, full and timely opportunity to make a complete inspection of the subject property, including any environmental inspection or investigation of the subject property. Buyer(s) and Buyer(s) Agent agree that the purchase price of the property reflects the agreed upon value of the property "AS IS", including the aforementioned disclosures. Seller has not made and does not make any express or implied representation or warranty of any kind with respect to the environmental condition of the subject property or whether it is incompliance with any local, state, or federal environmental law, code or standard. Buyer(s) and Buyer(s) Agent hereby agree not to pursue any claim against Seller or its Agents for any violation of ay such laws, codes, standards, or for cost incurred in conducting investigations pursuant t such laws, codes, or standards, In addition, Buyer(s) and Buyer(s) Agent agree to fully and forever release, discharge and hold harmless Seller, its agents, employees, contractors, and representatives from and against any claims, damages, losses, costs or expenses of any kind sustained or arising directly indirectly from or in connection with any known or unknown condition of the subject property. Buyer Date Buyer Date Buyer's Agent/Representative Date 283 b8Z Y _ ~F1s., 4 - t ~ ~` NZ~ fis ~ a k `~ _ t [~z,~ ,7~~ ~ ~ - ~ ~ , ~ *` r ,. ~ f ~ ~ t tie - ~d?' ~ -_ ~ -~,.-~....»~r..- } i` ~ i ~ ~-..- o°~ x ~'. ,~_ ~ ~~~ ~. , _ 'lam ~+~, ~ ~ ~' ~ ~ ~~ ~S~} ~ y{~''" j( - ~ 1- ~, ~ tip: - _ f - ~.~ ^~. ; r~_ i 4.>/R'~ "Y - p* - - 6 , i ( M'" {F ~ 'g 1 p~ - E tt _ gE 9 L~" pis ~ _ ~v;~s z t- ~ -~ >~r~ ;~ _ ~¢ -- r _ t r ~ a~ ~~ r to T E_ l t - ~~ ~ t of ,P _ ~~~ ~ ~`;.~~..~ .~'~2.~i. _,~~«~ ~~-,~ .~. ~~I ~...- -~.. ~.$',f' _ ~_ ~. r l; ~ ~~ t l _ ,~ ~. r ~,Y "~~ ~` ~T; d f~. qr rj f. _~. ~» . ~? ~~ - } CITY COUNCIL LETTER MEETING OF: AUGUST 25, 2008 AGENDA SECTION: ORIGINATING DEPT: CITY NO: RECREATION MANAGER APPROVAL ITEM: AUTHORIZE HONEYWELL TO IMPLEMENT BY: KEITH WINDSCHITL BY: HVAC AND RETROFIT JOHN P. MURZYN HALL RECREATION DIRECTOR ~~ NO: DATE: AUGUST 20, 2008 BACKGROUND Last November staff contacted Honeywell to conduct an Energy Retrofit Study for Murzyn Hall. Honeywell was selected to perform this study due to their vast knowledge and experience with Murzyn Hall and the many successful years working with them. Honeywell has completed the mechanical, ventilation, building management system, envelope, and electrical evaluation in addition to analyzing the cost to operate the facility. Cost estimates have been prepared for the project in order to start implementation in the very near future. Timing is important due to some equipment failure since the study began. Jolm P. Murzyn Hall is a beautiful building with continuous activity that requires consistent functionality. Unfortunately, the majority of mechanical components related to heating and cooling are well beyond their functional life. The building has some moisture damage from interior and exterior penetration and this will only get worse if short-term fixes are applied. There is a direct relationship between the project components and the life extension of this city asset. Honeywell Energy Services is astate-approved ESCO (Energy Service Company). They are a supplier agnostic group serving public entities to enable comprehensive solutions for facilities and infrastructure. Their job is to deliver cash flow neutral projects that achieve goals and meet state energy reduction guidelines. Murzyn Hall is a co-authored project developed with input from City employees and numerous hours of surveying and engineering. The above was reviewed by the City Council at the July 14`" council meeting and was authorized to proceed. The final project development and cost for implementing the Energy Conservation program at Murzyn Hall is complete. Honeywell has reported the cost of the project has decreased almost 6% through tough negotiating and the multiple quotes received. Additionally, the guaranteed savings have increased as all expenses related to operations and utility consumption went through final project reviews. Honeywell has confirmation for the install of new boilers and air handling units before the heating season arrives. However, this is very time sensitive and requires us to act immediately. Some current equipment has failed and is not operational for the winter months. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-195, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-195, being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for expenses related to energy management and energy related capital services at John P. Murzyn Hall. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-194, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-194, being a Resolution authorizing the agreement with Honeywell International, Inc. to implement an energy conservation program that will retrofit Murzyn Hall for the purpose of energy cost savings utilizing MN STAT. ~ 471.345 COUNCIL ACTION: 285 RESOLUTION N0.2008-195 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for energy management and energy related capital services at John P. Murzyn Hall and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $1,000,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Passed this 25th day of August, 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk 286 RESOLUTION 2008-194 BEING A RESOLUTION AUTHORIZING THE AGREEMENT WITH HONEYWELL INTERNATIONAL, INC. TO IMPLEMENT AN ENERGY CONSERVATION PROGRAM THAT WILL RETROFIT MURZYN HALL FOR THE PURPOSE OF ENERGY COST SAVINGS UTILIZING MINN. STAT. ,~ 471.345 Whereas, The City Council deems it to be in the best interest of the city to reduce energy and operating costs, and Whereas Minn. Stat. ,~ 471.345 provides City governments new options to procure and finance energy conservation and related capital improvement work and service as noted above, and Whereas, this project qualifies under Minn. Stat. ~ 471.345 because the preliminary program report dated July 7, 2008 confirms that it will pay for itself through energy and operational savings within fifteen years with no additional annual expense to the City of Columbia Heights during the fifteen year term, and Whereas, this council desires to provide the best environment at no additional cost to our taxpayers with the Minn. Stat. ~ 471.345 program; THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota: SECTION I: That the City Manager, and Mayor are authorized to enter into Agreement with Honeywell International, Inc. to implement an energy conservation program under current Minn. Stat. ~ 471.345 guidelines that will provide project engineering, project management, construction management, and performance contracting for comprehensive ECMs at Murzyn Hall. SECTION II: That the agreement is subject to annual appropriations. SECTION III. The City Manager of the Columbia Heights, Minnesota, is authorized to issue warrant or warrants against the proper appropriation item upon presentation of the proper voucher or vouchers therefore. SECTION IV. The City Manager and Mayor of the Columbia Heights, Minnesota are. authorized to pursue and enter into financing agreements with Honeywell International, Inc. or with other financing sources to fund the costs of the program and as required to provide repayment of the program under current Minn. Stat. ,¢ 471.345 guidelines SECTION V: That it is found and determined that all formal actions of this City Council concerning and relating to the adoption of this Resolution were adopted in an open meeting and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION VI: That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of public peace, health, safety, and welfare, and for the further reason that the acquisition of said services is immediately necessary for the daily operation of the city; and provided it receives the affirmative vote of two thirds of all members elected to the City Council, it shall take effect and be in force immediately upon its passage after the earliest period allowed by law. 287 Passed this day of August _ 2008 Offered by: Second by: Roll Call: Mayor Gary L. 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'' ~,~ a '~ ~ as ., ~ ~ ~ ~~ ~~, -~ V~~....__.. ~ __..,_._ ~. _~a A rc ~~ a''~ ` /Life extension for an aging "City Gem" facility /Holistic evaluation -implementation to address critical needs . /Fund the project through energy-operational savings /Budget accuracy through predictable solutions /Provide a good experience for residents and staff J ~-f j m .~ tlliuw ~ ~ ~ ~r'.`~"a~° M°aurb' ra 'n J ~:M1; µ _~~~,;: ,~, 291 / Multiple integrated components designed to operate as one with peak efficiencies and guaranteed performance for 15 years. / Multiple bids are received for the project and cost is competitive to a design -spec format. We have delivered over 4500 of these projects in the United States. / Allows for comprehensive solutions to city and facility improvement without direct indebtedness. / The state requirements are the City Council approves a Resolution incorporating Stat. 471.345 ~. _.. ... ~ ~'~~~ ~~ wa~^S ~ - ",^~ hivll ~I~~Vi4~'i "" ; z 5y""wli ~~iA`i~`ir.`k~ .p~~~"# 292 a ate 'n i e ri i i ~ o do r e s Il ion .., ~h A a, xx b ~ 293 1 median remaning planned year service service work/anticipated installed age life life failure year Boiler 1 1938 69 40 0 2009 Boiler System 2 9984 23 24 1 2009 Attic AHU's 1978 29 15 0 2008 Assoc. Electrical 1980 n/a n/a n/a 2008 Doors 1975 32 15 0 2009 Windows 1968 40 20 0 2010 South Wall rebuild 1985 23 n/a n/a 2008 Roofing upgrades 1985 23 20 0 2008 Ceiling Insulation 1985 23 15 n/a 2008 Building Controls n/a n/a n/a n/a 2007 ~a 294 yr~^~... ~ ~~"- ^1) ~ r,'0.. $ S '.'. ^Y ~~s~5V ~~ F t ~~ ~ ~. ~~ ~~ ~ ~~, .~, ~. r~ ~ ~ ~ ~ ~ ~ ~a Grl4ili '3'~>~' wl LtiIrM 'a Current __ KS _„.yt k I IIi ` / The original steam boiler and modular ~ ~ ~ ,,~ ~ l~ ~ ~ ~E ~,~ hot water boilers have long passed ~ ~= ; ~ =,I, ' ~ ~~~ ~~ k: ,::, their useful life. Inefficient by design ~~'~~~"~ -~" ..--~ ,~ fi i these are high energy users and ~ ~ ~=~ ; expensive to maintain. Steam delivery ~ , ~" ~~_ ~ w1 ° t ~ '~ ?} ~ ~ ~~ r ~ ~ ~ ~~ to attic AHU's is causing considerable ~~ ~ ~ ~ ~ ~ ~~~ ~ : ~ - ~ ~~~~~ ~~~~~~~ ~:;~~ ~ r`` ~ ~ ~ ~~~~~~~~ ~~~~' .,_ _ damage to the building. ~~~ ~- ~~ _. ,: tion ~ ~ . ou S ..~ """"" `° ~ ' ~ ~, ~ P~ / team ~, ~. ~ . Boiler Plant U rades Demos ~-~~ °: ~ .__ t~ t. and modular hot water bo>rlers, modify ~~ ~ ~ _ ^_ ~. { combustion air and boiler room _ ` exhausts, add four new 95% efficiency ~ ' ~ ,~ ~ ~ ~ ~ ~~~ boilers, branch piping and insulation, ~ , _ :~r §~~ ~~ j; ~ ~~~ .., I ~ ~~ pumps and accessories, hot water ~~, ~ ~;~, ., , return piping for the attic units, ~~ '~ ^ : ~_~ _ ~~ ~ ~,~ ~ ~;I= ~~ r breeching tie-in, pump replacements ~~~ ~_ ~ '~a -~ ~,~ ~,F~. _ and VFDs, plus all associated electrical ~ ~ ~ ~b~~~h~°i~ul and controls. ~~~~= d,a,~~a,, ~~p ~ ~~~~,~~~~,,~,~,~~q.,~;~ 295 Y~ ~ a .~ y r ~~ `; ij ', ~~ ~~ ;~ ~ ~ _ n r _. ,~ ~ ~ ~ ' ~ ~ ~ _ ~' SIB. ~ , .. Current / These steam feed units deliver air to two zones on the main floor. They are the main source of interior damage and exterior roof ice dams. They are failing right now and require hot water conversion with total rebuild. Proposed / Attic AHUs -Demo two existing units, install four new McQuay AHU's and four new Condensing units, branch piping, insulated ductwork to connect with existing ducts, balancing, and all associated electrical and controls. v f K ~ y q~ ~ ea ~ 4~ "I yJ [r,~ ,', k .rti, ='~~'~ ~ ~ r ' C ~ ,~ ~~ ~ b5 z ~~~ ~- ~ ~~::,. 1~~ ~- ~ ~~, f _,,, . _ ~ ~ fr f, -- - ~, ~~ Fs, ~',~ ~4 F 4 u 9-~ R ti ~~, _~. S~ ~~ ~ ~ '~~ ~ ~~ ~ ~ ~ ~ ~'~'~+t~~"~ u- r i ~ r,~ { F ~1~ ~- ~, r~ it ,, _ w 1 ~~ . ,~ ~~ ~~.~ ~ ~ ~ ~ ~~ { "'., ~,~ Sri .'~""' ~~^ ,e ~~~ ~~ f~ ~r_~~~ ~ ~, :.,,~ ~~ s ~ .~ ~~k` ~ ~ x ~, ~~ ~;~. 296 4 0'Ii'. S } • • ~ • ~~'` ~ ,~ ~ ~ ~~ rr '. t .. ~~ ~. f '. / The windows facing the street and north side of the building have failed and are a source of outside air penetration. All double doors around the facility are worn, warped, and leaking miserably. The windows installed in 1985 are in need of exterior sealing. / The south wall in main hall has consistent interior moisture penetration from steam humidity generated by attic Ahu's. This causes annual winter ice dams on the roof and generates exterior moisture penetration. / The roof needs to be replaced and insulation needs to be added through out the ceilings '3 ~bA i ~~ ~ ~~. ~~. ~~~I I~~ .U~.l ... ~~ „',,~r z ~v "7Y ~y.,'., ji: Rey y '. ~ .,,(?. !fiat 1 ii-_ r ~.d4M ~-! ,.,~{~ a: -- ~ _ ~ ~s_ ~ ~ ~ ;, ~. t - :__ _y. ,. I, + ~,~,r~ ~u~<~a~,~ ~ a~ ~ ~-~~ i ~°;~ti~ r't ~~ r rn F-+ ~xi: 297 p l iir ,'~ J C S,•, ~' ~ I Main Entry -Street Level South Wall -Main Hall ,~ ~II £. '~ . ~~~ ~ ~~rI ~ ~ ' ~~~~I~~~I~~ ~ ~ ; + ~ x I ~, ~ ~ ~ ~ ~ ~~~ ~ ~ ~~~~ ~ ~ ~ A ~~ , I~~ ~p ~ ~ ~ ha : ~ ~ ~Y r ~~ . - -~ .~ ~ 4 ~ ~ .~ ' ~ ~ ,~ ~<c ' ,~3 ~i.+. i . l,l „ li ~'~'„H F r.& "s~ '~.` I l u ~ l W t"^ ~ ~ ~ m. i. ndGd b ~ ~~ n :t-,', : i , , } ' ~ ' i~ 9 ~ { ;~ .C'v E ~yy. 3 1 ~ . ~ II I f I .f I.... 1 I I ~Iwf~~~ i II I ry ~ q V ~;~ 2ss / Window and Door Upgrades -Replace street level and east side windows with low E tri pane gas filled glazing, reframe, insulate, and seal. Reseal all newer windows on the west and south side. Replace all double entry doors with steel framed -glass pane doors, insulate, seals, and sweeps. / Rebuild South main hall wall and soffit, add insulation where needed and seal from exterior moisture penetration. / Complete new roofing, valleys, vents, and gutters. '.K ~. 299 ~ ~ ;~' South Ceiling -Main Hall ~~~' . ~., III I ~~ ~ :.,~; 4~ ~ Ill,k~a ~ ~~' ,~~ ~, I„,~,, ~. ~ I rr 11t I a I ~ ""•'~ ~ I IIIIIIUI' ^.~ ~ I s r. I =v':~ _ w „. ?' rte. - ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ I I''^~~~ . -Y.a1;., I•, ~i'~~ •t Ili i rl h T I .rs ~d~~ I III i i' ~,,'y;~ I~ ~. f:~ ~ I .~, ! - .I II II ~, ;~:'--~~~~~ ~rJ,l^,~;~Cti',I,;~I;,w,'.p,,~~:,~'~p'.~,~'~^...r"';~~n"~ <:~I ;;;'~~,,',,L'~' -a~~.'v~.. '~,,~,~Il~lwl''I~'I;~~~~~~,~~'^'f~"a f llj'f l l~¢q;~ M~'y~„Ilu u~l i'lll,ppl t~~;iil~, ~i~~l~~l,ilir _ f1 yy S:~'w` "li k~i~l i~ '`ga: II IJI Y '~~ I ~ k~M ~^ ~ x~' ~~ ~ ~~ Ij VIII IIII I ~ II L.!~h~~~l~ I 4_^„,. `~ ~, I~ Llll~lil e r"'~ "~ ~~ .,.~~. .. ,. - - t' ~, 5 ~ South Wall -Exterior rnli'~ illlll,mir 'ails~p ~~•~ ~ ~~- "I'~I~I K..;,;;~ ,~'~ ~~:J ~I,Ij,I;'~~~„I~~•:~'Y~I^Il~i,,~'" ',~~,il,ll? h^MU+w., r; 300 ~- ~.~, ~~ u, .:~ - , ,7 .. n 711 ~ n r ~b y / Controls Zoning -add motorized dampers for the office space vs. Main Hall south zone 1A&18, relocate split ,y ~'t DX office units and branch piping/wiring ~ ' ~ ~~ ~ ~~ ~., ~ ,,' to south wall. ~~ / Upgrade building pneumatic controls to new DDC system, reNlace ~-round level AHU supply fan motor and VFD, provide new static pressure sensor for VFD control. / Integrate existing and new equipment controls to DDC command station/controller. Web based programmable mten`ace. ti >. ~ ~: .,, hf{J.~~.~~- ~' '"~^ ~, - ~~i i, ' ~ ' °~ a ~.J~ w -~ a„ ~ ~ ;~ r~}rti~Vu ~'~~~r I ~, .., iii i y l ', i1.. W III ~~ m~- f: ~~ ~,, f .. _ ~ ~ ~ ",ice +., ~ ~ ~ ~ ~ t . ~ ~ v , ~, ~ ~ t ~ ~ ~: , .~,w ~, -,_~ ;~~ ~; ~ ~ < <_, ~~~~~ : ~;~., ~h, ~ ~;. . n ~x s~ ~~~ ~ ~ ~ ,~w ~ ~ - ,. ~°, 3 ~ u ~`~ , - ~~ ~` ~ ± f ~~ a , t =f „~ ~ ~. ~~. is - .f ~ . ~~i§~ ~t _ ~ ,v ~ ~ i4i8r ~ ~~~ ry«n air 301 y'~ r V ~ F .:~ ~ I ~~ n ~ ~ 4 • "kn: ~ +;jS I lhY~ _ ~ ~' -° ~ ~ ~ ~ .n >, :~ . ,. ~, ~ ~~~ ' . h III 3y y Es h Jy '1 ~ T. ~a ~ ICI ~I'~ T y , ~~' T~ n~ ~~ ~~s~. ~~~~ ~ ~~ j / There are vending machines that are ~ ~'' ~~ t,.~~ ~ ~ ~ , _~~ ~~~- ~~ _ ~ ~'I ' i ~ operating 24/7 when they do not need '`` ~ ~ ~ , .~~ '' to be. We will install vendin misers to ~~°`°°~ ~~ cycle the machines off when not in use. ~ ~'~~ ~ ~~ ,y' ~'~ . ` ~#~ ~~ y~,~ °I y ~";M1 t / There is a large heated space near the fireplace with inadequate air circulation. We install ceiling fans to distribute the air more effectively. / There are miscellaneous lighting retrofits that should be done. (ie. Fluorescent exit light conversions to LED exit lights) We will upgrade/retrofit applicable lighting. ~._c_~ ~:~ &~: ., `I _~, ~~:~ ~~~; ~.,~ ~ ~ ~~~~~ "'~,,'~'~ ~,li B~ovJf~~~~l, "i;;i'd„`;r~;,. ~,rilr~f'nr„,y',pr;~;~ur!C6;'d 4"~"'r ,;,~ , ~ , _ x,6,1 ~. ;. ~,I,,;„,,s, ~ I I I ~r ~ ` - I ~~ { VIII ~' 4 I ~ _ ~ r III. I ~ f t d. I r ~ fl ~.i ~~.u~y,~u vl ill I~^I ~ ~ _~ I' ;' I ~~ . ~~.~~ :~ 302 Control Upgrades Boiler Replacement Attic AHU Rebuild Lower AHU Upgrades Windows-Doors Replace and Repair Wall Rebuild and Insulation ~- _''-~.r~'~ :~i,,~,L„,ir~ryrvr, ,~,-.. ~.~'~? iry"iii, d'~.,.•as „•Illu^?p~l .~.~",~~,.~. ~t. i~' "I°ii' s. ~. g;~1W'.~ ;'h" ~~~I ICE' .~, r, :~ ~; :~~ rd4, ~'~ P~ JI'~L,'Ip~~,i'hi.'~I" `,~~mv'La:v i,„~n;. , .~> ...ui., ~'' w:~ ... ~., ~~liiu''I'~o~~a~~{"Il.~d"~,~,s P~.I~~~r~llli'~I r~~'~'i~~l„~'~`~~.%.•~I~{ ~ „~~~r~lu~„I~..l~~"',~'.<,~~'.,~ Building Automation System New Roof Branch Piping Electrical Upgrades CO2 and Light Sensors 15 Year Measurement and, Verification 1'~'~=['s"~`''~r°l .~~~V3~J.JJ'J g`J )~„ ~~.~,W~.., ..J.j_~.~~ ~rs;:~ tt»'_rxiJ~~r1,~ _~ ~-~-s~ _ 303 F n ~' ~+~~ 4F~le^"~m ~ i'~'ir 'Sr°I`~ way ~!'~nl.~,~.,~ ~~ ,~Ili~iwi `~'id~~ ~ryil"~ g~''I~ I'11;14~~C a r - '. ~ ~'-- y 41 ~~ I~~ ~ h p ... ~~L. ~ °!° ~ ~ g~!~p i'l ~ G@@ F'[I.XtF U a31 ~ B' ~ .I l d '$ ~ 1V'~il~$~ ~®$~~~r$'`e~~~Q$$~ T~'+~ ~~ 1'eJ' ~ ~ A ~ i'+ IA + ~ ~~ q 7~~~~T q 131'817 t1iB~ ®Lg 1 ~ 31~~ ~ g p~;r§gpt p q, i ~6plE.3~yAg ~ g ; g g p1 [ RQRIYIpY[iJ~*f4T.L ~flQ ~.7~ ~ ~$E'~ ~~.~ tvA 1p,7 y1 ~3 3T Ali'.aS 1....~1 ~7 ~ T ~ ~ S~~E'.~.~3 d ~ 6 + ~~Si3~.. ~9wV 16tl ~ ~aa ~a C'6Atl 6~SJ6.4C~ pp~~ pp ~c HL7~~1iqq.3 G ~ y 7' ~8$'#+R?s'"3~t4. . ^ , 5.7~ ~ I~~bh~ S.a '"~~~~ ~+ p~ p/,~ ~ ~7ri i'~1~ES~ Bd"L l~~ s7!'eiV S6~i7s~ e7Y9CV t3 a7 Heiler Plant Upgrades $307,35 $2,535 531,430 92% X2,327 .$32;$94 _ 10.2 l~ttic AF~Us ~' ~' 41.1 $27 l~e~ilr~J1S11tTPer2~ $2~2,6~8 ~2.6~iJ , 0 92 !° ~2,4~0 ~~,~,~~~ ~.~".4 Electrical Ups ales i $52.04-'J $1,€l~-~l 54,~1G 92% X957 $x,773 0.~} Envelope Upgrades $1,635 $l~4? $$,413 92°l0 X775 ~9,:"I'8$„ 9.5 Reol=rngUpgrades $71,289 $1,134 59,333 92°l0 $1,043 $.1.0;376 7.0 Cent_~•ols Z©ning and $7515 :1 ~ LJ ~?` e ades $55,242 $2v3 92% X214 X7,729 ~ ~ 0.7 „, w ~~~~~ ~ ~, v, Base Praject l`a~ana~ement $63,251 l'~!A' NtA a Base En~sneer~n~ .. -, , ~a. r~4 . . ° , ._,.. _ .~ ,, . ,. ,,._. •_ :.' ° ",. A hilt ..,. .:. ! I~fA ,_ ~r ~, ~ I'R~.I~C'~'~'C?~~1..~_...„ „.,.~ / „ ^..., ~,~__..~~' ~~~~ . ~ . . ~8.469 ;''„f'I` ~ 8$ 31~ o 9210 ~ , 7,7$6 ~ ~ 96;704 ~ ~~: ~ ~ 304 ~' ~ ~ ~ ~ `~ w ~ , 1 T 1 }'y r4 y~r. ~ti `F ~' ~Z ~}~ ~~ 1 ~" ~ .~ ,fir i ~ ~t ~ ~ ~~ ~ ?~ ~ ' =° ' I J ~ L ~ ~{~, 1 - ~ ~ ;~ s ~. ; , a~ ~ i : r - * yr ;~` s~ L~ ~ ~ ~ s k ~ ~i~~~~ ~~ '9 ~ , ~ ~i ~ 'based on 15 year 4.$% muricipa! lease purchase agreement ~~~r ' ~, y 5 305 „ ~, _ ;.. ~, ~ ~ ~~ ~' i ~Lw"~x ,r ; ~;~,w". a „Maw. ;~a~, i ~~ ~ ~~ ;V ~ ~ ~~ ,~i 4., jj~4 ~. I rG ,, ~; I ~ o i '~;.~° ~ ~ li I~~j~ ail ~ ~ i ~ i ~~ .,' iluiV~i~~u~ ~ ~ ~ ~~ z i I I ~ ~ " s _ Iv;c. , r~ ~ ~_ ~Iji I ~ .w~ C' t ~ ~ .~ ! il..,,,,, 'z Au I I ..i , ~ ~ ~~ ~j~l~~~. 4 . , S ~ a ~ i ~ ~ ~r ~ ~. i i.. ~ i i d x ~ i ~ ` -7:V ri 1 = ~ i i 'a, t ~ ~ ~ . , r~~~ ~ i ` ` z c i, ~ , ~ ~ I x ;-€ i ; w i ' ^` \ = f- ` m i, s. x~`'+. ' ~,c Sri", ^`....^.~"..I m.-sea'!;" r ~ '~ "~ f j,: ~ ~r~^J~ `" ,« n/ .., :5'.. :: . i `1!~^!~rca4` ~~ r '~~-#"~~4;v'~~'i~;~''4~,i~';~t~~w,'Irm,,'~k~^L~~4~~"~~,j~4';~~~`,~~,~w~~~ ~7^ ~""~~''Y.„ .~~j'y,,.",`, ~~'~~9 306 Thank You r~.;~rw~'~,i ~' 307