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HomeMy WebLinkAboutSeptember 8, 2008 RegularCIT1~ aF C®Ll1MBIA HEIGHTS Mayor (inrv L. Peterson 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Couneilmembers ~sitourwebsiteat www.ef.e€atulsda-heiahtx.mn.us Robert A. W'illinms Bruce Nawrocki Tnmmera Diehm Braece KeL-enberg City Manager li~nlter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, September 08, 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 Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION/APPOINT SECRETARY PRO-TEM Invocation by Pastor Bill Hugo, St. Matthew Lutheran Church. MOTION: Move to appoint Carole Blowers as Secretary Pro-Tem for the September 8, 2008 City Council meeting. 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 AND GUESTS A. Proclamation -Constitution Week p6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Adopt Resolution No. 2008-211, beinga Resolution regarding the funding of the Fridley p8 Northstar Commuter Rail Station. MOTION: Move to adopt Resolution No. 2008-21.1, being a Resolution regarding the funding of the Fridley Northstar Commuter Rail Station. B. Approve minutes ofthe August 25 2008 Columbia Heights City Council meeting pii MOTION: Move to approve the minutes of the August 25, 2008 City Council meeting. C. Acct minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the minutes of the August 6, 2008 Library Board meeting. p4a MOTION: Move to accept the minutes ofthe June 16, 2008 EDA meeting. p44 City Council Agenda Monday, September 08, 2008 Page 2 of 5 MOTION: Move to accept the minutes ofthe July 28, 2008 EDA meeting. p4'7 MOTION: Move to accept the minutes ofthe August 11, 2008 EDA meeting. p51 MOTION: Move to accept the minutes of the September 3, 2008 Planning and Zoning ps4 Commission meeting. D. Approve the transfer of funds from the General Fund to the Police Department Bud eg t to p6s reimburse the Overtime fund. MOTION: Move to transfer $2130 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. E. Adopt Resolution 2008-181 accepting bids and awarding contract for University Service Drive. p~0 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. F. Approve the Planning Development Contract for Grand Central Commons. p73 MOTION: Move to approve the Development Contract between the City of Columbia Heights and Ehtesham Khoyratty for Grand Central Commons. G. Adopt Resolution 2008-207, being a Resolution setting the Cit IVY eg r~pendin~ aurthority for the construction of a Public Safety Building. p99 MOTION: Move to waive the reading of Resolution 2008-197, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-I97 being a Resolution setting the City Manager's spending authority for the construction of the public safety building. H. Approve Ordinance 1535, relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. plot 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. Adopt Resolution 2008-198, beinu a Resolution establishing Property Maintenance Inspection Fees p114 MOTION: Move to waive the reading of Resolution 2008-198, there being ample copies available to the public. City Council Agenda Monday, September 08, 2008 Page 3 of 5 MOTION: Move to adopt Resohrtion 2008-198, being a Resolution establishing Property Maintenance Inspection Fees as authorized. by Chapter SA of City Code 2005. ev~r~rnval nftha attarharl lict nfrantal hnncinrs lirancr annliratinnc in that thPV hac~p rtic~t t}t~. requirements of the Residential Maintenance Code.y p118 MOTION: Move to approve the items listed far rental housing license applications for September 8, 2008. K. Business License Applications for Solicitor's Licenses pi20 MOTION: Move to approve the license for Mr. Mark Chasin and to deny the licenses for Mr. Matthew Herrick and Mr, John Norton as recommended by the Police Chief. L. Approve Business License Applications p138 MOTION: Move to approve the items as listed on the business license agenda for September 8, 2008 as presented. M. Approve payment of the bills. pi4o MOTION: Move to approve the payment of the bills osut of the proper fund as listedin the attached register covering Check Number 127132 through Check Number 127284 in the amount of $1,545,816.62. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2008-199, 5045 Johnson Street N.E., and_2008-200, 4631-4633 Pierce Street N.E. being declarations of nuisance and abatement of violations within_th__e_City ofColumbia p149 Helg_hts. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-199, and 2008-200 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-199, and 200 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 2008-201, 4612 Polk Street N.E., 2008-202,...454.4_-46 Fiilmore Street N.E., pzs4 2008-203 679-681 46th Avenue N.E.. and 2008-205, 3727 Reservoir Blvd. N.E. beinP Resolutions apnrovinl? rental license revocation for failure. to_ neet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-201, 202, 203, and 205 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-201, 202, 203, and 205 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) ofthe rental licenses listed. C. Adopt Resolution No 2008-207 ~proval of a Conditional Use Permit for an assisted livinP pz6~ facility and adopt Resolution No 2008-208 parking setback variance for 3801 Hart Blvd. MOTION: Move to waive the reading of Resolution 2008-207, there being ample copies City Council Agenda Manday, September 08, ?008 Page 4 of 5 available to the public. MOTION: Move to adopt Resolution No. 2008-207, approving a Conditional Use Permit for an assisted. senior living facility located at 3801 Hart Blvd., subject to the conditions outlined in Resolution No. 2v08-2v7. MOTION: Move to waive the reading of Resolution 2008-208, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-208, approving a 19-foot front yard setback variance for hard surface parking for the New Perspectives parking lot. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and. Resolutions 1, Adont Emer~encv Ordinance 1557, repealing Ordinance 1546, the Interim Ordinance Pl'6 establishing a Moratorium on the issuance of Residential Rental Occupancy Licenses MOTION: Move to waive the reading of Ordinance No. 1557, there being an ample amount of copies available to the public. MOTION: Move to adopt Emergency Ordinance No. 1557, repealing Ordinance 1546, "An Interim Ordinance establishing a Moratorium on the issuance of Residential Rental. Licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. 2. AdoRt Resolution 2008-210 adopting a Proposed Budget for the Year 2009 Setting_the pl8o Proposed City Lev~p~roving the HRA Lev~Approving a Tax Rate Increase and Establishing a Budget Hearing Date for Property Taxes Payable in 2009. MOTION: Move to waive the reading of Resolution 2008-210 there being ample copies available for the public. MOTION: Move to adopt Resolution 2008-210 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $7,328,477, establishing a budget hearing date for property taxes payable in 2009 for December I, 2008 at 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $267,561. ALTERNATE MOTION: Move to adopt Resolution 2008-210 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $ , establishing a budget hearing date for property taxes payable in 2009 for December 1, 2008 at 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $267,561. 3. First Reading of Ordinance 1.558 Re ag rdin~ AbolishinP Police & Fire Civil Service p18~ Commission MOTION: Move to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1.490, City Code of 2005, Regarding Abolishing the Police and. Fire Civil Service Commission. MOTION: Move to establish the second reading of Ordinance 1558, Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission for September 22, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. City Council Agenda Monday, September 08, ?008 Page 5 of 5 B. Bid Considerations C. Other Business ~. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items 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 ~~ ~ ~i~" y. a - . ~,,~ 1, Walter R. Fehst; City Manager WF/pvm PROCLAMATION VVI3~REAS: September 17, 2008, marks the two hundred twenty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through. 23 as Constitution Week, NOW, THEREFORE I, Gary L. Peterson, by virtue of the authority vested in me as Mayor of the City of Columbia Heights, Minnesota do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Columbia Heights to be affixed this 8`" day of September of the year of our Lord Two Thousand Eight. Mayor Gary L. Peterson 6 "blank page" COLUIVIBL4 HEIGHTS -CITY COUNCIL LETTER Meeting of: September 8, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ~. ITEM: Res. 2008-21 1 BY: Walt Fehst BY: ~ NO: Support NS Rail -Fridley DATE: September 4, 2008 DATE: Background: The City of Fridley has requested that we pass a Resolution of Support for Funding of the Fridley Northstar Commuter Rail Station. The application for $10.6 million (total cost of approximately $14.5 million} is being made to the newly formed Counties Transit Improvement Board, which is funded by the new one-quarter cent sales tax in the metro area. Analysis: Attached is the Resolution of Support , as well as a letter from the Federal Transit Administration that the Feds would not hold up construction of the Fridley station in light of the grant funding for the station will be outside the scope of the federal grant for the North Star line and. be paid completely with local funds. Recommendation: The Fridley Rail Station would be an asset for our area. Staff would recommend support of the Fridley Station and tl~e application for funding to the County Transit Improvement board (CTIB} Recommended Motion: Move to waive the reading of Resolution No. 2008-211, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-211, being a Resolution regarding the funding of the Fridley Northstar Commuter Rail Station. COUNCIL ACTION: RESOLUTION N0.2008-211 A RESOLUTION REGARDING THE FUNDING OF THE FRIDLEY NORTHSTAR COMMUTER RAIL STATION WHEREAS, the Northstar Commuter Rail Development Authority (NCDA) is a multi- jurisdictional joint powers entity empowered to study multi-modal transportation systems in Hennepin, Anoka, Benton, and Sherburne Counties; and WHEREAS, the NCDA is constructing amulti-phased 80 mile commuter rail system extending from St. Cloud to downtown Minneapolis in conjunction with other transportation system improvements; and WHEREAS, the Northstar commuter rail system will utilize the existing tracks of the BNSF railroad in our neighboring City of Fridley; and WHEREAS, construction of a commuter rail station in Fridley would be beneficial to those working and residing in the City of Columbia Heights; and WHEREAS, the Anoka County Regional Rail Authority is requesting $10.6M in Counties Transit Improvement Board (CTIB) grant funding to be awarded in November 2008 for completion of the Fridley Station; and WHERREAS, obtaining the CTIB grant funding will allow the construction of the Fridley Station in time to open with the rest of the line in November 2009. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights requests that the Counties Transit Improvement Board provide the grant funding requested for completion of the Fridley Station. Passed this day of September 2008 Motion: Second: Roll CaII: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk ~v U.S. Department of Transportation Federal Transit Administration REGION V Illinois, {ndiana, Michigan, Minnesota, Ohia, Wisconsin 200 West Adams Street Suite 320 Chicago, IL 60606-5253 312-353-2789 31?-SA6-6351 (fax) September 2, 2008 Khani Sahebjam Deputy Commissioner of Transportation Minnesota Department of Transportation 395 John Ireland Boulevard, Mail Stop #100 St. Paul, Minnesota 55155 Tom Weaver Regional Administrator Metropolitan Council 390 Robert Street North St. Paul, Minnesota 55101 Re: Northstar Commuter Rail Project- Fridley Station Dear Mr. Sahebjam and Mr. Weaver: This letter is in response to the Minnesota Department of Transportation (MnDOT) and Metropolitan Council's submittal dated July 21, 2008, regarding the construction of and initiation of revenue service at the Fridley Station. The Federal Transit Administration (FTA} was asked to concur with the local decision on Fridley Station in light of the Full Funding Grant Agreement (FFGA) for the Northstar Commuter Rail Project (the "Project") with MnDOT. The design, construction, and opening of the Fridley Station, as it has been presented to the FTA, is a local decision that requires no federal action. To reiterate our understandin :the total ro'ect cost of the desigtl.and_constri2ction of Fridley Station vv~ e outside the scope of the. FFGA and be at-`~co^mpletely with Local funds• the o enin date for the Fridle Station coincidin with the Revenue Aerations Date (ROD} for the Project will have no im act on the bud et and schedule ar e Despite FTA determination that your proposal for Fridley Station is outside of the scope of the FFGA, it must be said that any resulting schedule and/or budget impact to the Project would be a breach of the FFGA. If you have questions, please contact Dominick Gatto at (312) 353-2789. Sincerely; ~ .-.- Marisol Simon. Regional Administrator cc: Tim Pantos- NCDA Mazk Fuhrmann- Metropolitan Council 10 OFFICIAL PROCEEDINGS CITY OF COLU1_YIDIA FIEIGIITS CITY COUNCIL MEETING AUGUST 25, 2008 The following are the minutes for the regular meeting of the City Council 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. All Ordinances and Resolutions may be, found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ruth Hograbe, Community United Methodist Church, 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 Resolution 2008-188, in that the property has been brought into compliance. Nawrocki commended staff for placing the agenda on cable by Friday night. Nawrocki requested to remove item E for discussion, Kevin Hansen asked that item G be removed from the consent agenda to be placed on the next City Council meeting. PROCLAMATIONS, PRESENTATIONS, RECOGhTITION, ANNOUNCEMENTS, GUESTS A. Guests -Report from Sister City Student exchange program Peterson. stated that nine students traveled to cur Sister Ci±y in Lomianki Poland and spent nine days there. The chaperones were Gloria Bergstrom and Dawn Holum. Ashley Milewski stated the group stayed a week in Lomianki and visited Warsaw and Zakopanie. She showed pictures of the monument to the American Soldiers and other historic places. They were very welcoming and she stated the hope that ive car. give them as goad a trip when they visit us next year. Williams asked questions about their visit to Auschwitz. I-Ie indicated that he had encouraged this program for five years and was very glad it came to pass. He spoke of the children's hospital that we raise funds for. Eric Strand stated his grandmother, Dolores Strand, encouraged him to take the trip. Auschwitz was incredible, with the reality of being there. Williams asked if they interacted with the Polish youth. Eric stated that they did. Jay Harper stated that the group traveled with nine Polish students. They were pretty similar to us, even though the world. is so big. He stated that they are more energy efficient. Gloria Bergstrom stated that the teenagers were fun to be with. Lomianki has a lot of building going on. The City of Lomianki set up a wonderful itinerary for the group. She spoke of visiting Auschwitz II and seeing a DaVinci painting. The students stayed in the community center dorms, She presented the Mayor with a hat from the Mayor of Lomianki. 11 City Council Minutes Monday, August 25, 2008 Page 2 of 31 Peterson thanked the chaperones for taking these students to our Sister City. He stated that he hopes these students will help welcome the Lomianki students. B. Guest: Report on SAGA softball fund raising event. pniil1,.in1~ 7ri'71 Rritrorlnnn 1•.'ri(llaci NPZ~nrtPrl nr~ tl~+a ~+th [lrara~iol Clnaz> Aitnl~ Cn~tl~oll CO('~ a. u.uc i..v.a, i ~ ~ a .~a.suaxvvza, a zauz,.~, aa.rvic~u vaa uaa.. v ~ caazauua vav .• a .avaa uv.a.vuaa v. .v. a charity event held on Wednesday, August 6, 2008. The post office team lost. Next year they will look to collect school supplies and will include the City of Fridley. Corporal Paul Bonesteel indicated his pleasure with the funds and food. items donated; it was worth the aches and. pains and was a successful event. The event gets bigger and better each year. Fehst asked about the joint game against the girls fast pitch team. Eich stated it was a fun game, but they soundly beat us. Bonesteel stated that a lot of people contributed to the event. He also indicated that $1,700 in contributions were received at National Night Out. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the AugLust 11, 2008 Columbia Hei htg s City Council lneetin~ Motion to approve the minutes of the August l 1, 2008 Columbia Heights City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the Library Board meeting of July 1, 2008. Motion to accept the minutes of the Planning and Zoning Commission meeting of August 8, 2008. C. Approve closing Library to the Public 9/5/08 to re-carpet lobby Motion 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. D. Approve the transfer of funds from the General. Fund to the Police Department Budget to reimburse Overtime fund Motion to transfer $906.66 received. from Unique Thrift Stores, $3,369.96 received from School District #13, and $105.12 received from Financial One Credit Union for a total of $4,38]..74 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. E. Resolution 2008-196, Acce„pting_petition and ordering a bike trail/pedestrian connection. Removed for discussion. F. Establish date for Public Special Assessment Levy Hearing for two proiects: Zone l B, 2 and 3A Seal Coat Program and University Avenue Service Drive Street Reconstruction Motion 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, Motion 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 accepting bids and awarding the contract for University Avenue Service Drive - Removed 12 City Council Minutes Monday, August 25, 2008 Page 3 of 31 Fehst stated this is still being reviewed by the State. The bid prices are still good. This item will be on the placed on the September 8, 2008 Council meeting agenda. H. Approval of the attached list of rental housing license applications, in that they have met the omortc ~f *t~o A.-(..~o.~f.~ A~i.~ r+to o (`~..lo TI;~.L..v. ~.+o.t +4,; ;+o,.,. l.a orl rel~Ll Lr LLllt.tLLJ V1 LIIL 1 LVi.Ji.l ly 1Y1U1111L1tan\.L yVUL. Lttrl ll ll req UeJLt.U LI IPJ lLlr/il VV 1e111V VLL.L 1Vl discussion. Adopt Resolution #2008-1.83 being a Resolution adopting the 2009 Business License Fee Schedule. Motion to waive the reading of Resolution No. 2008-183, as there are ample copies available to the public. Motion to adopt Resolution #2008-183 being a Resolution adopting the 2009 Business License Fee Schedule as presented. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 25, 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 126975 through Check Number 127131 in the amount of $1,31 1,803.66. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items E, G, and H. Upon vote: All ayes. Motion carried. E. Resolution 2008-196, Accepting_petition and ordering a bike trail/pedestrian connection. Nawrocki stated that this should have a public meeting and come back to the Council for approval. Hansen stated. the petition is from about 25 percent of the properties along Stinson. They are obtaining additional signatures. He recommended a feasibility report and allowing time for public input. Motion by Nawrocki, second by Williams, to accept petition, authorize feasibility report and come back to the council for purposes to hold a public hearing to construct a bike trail/pedestrian connection on Stinson Boulevard extending from 40th Avenue to Benjamin Street. Upon vote: All Ayes. Motion carried. H. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Removed. Diehm indicated that Council member Williams has requested to abstain from this vote as he has property listed. Motion by Diehm, second by Kelzenberg to approve the items listed for rental housing license applications for August 25, 2008. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS 13 City Council Minutes Monday, August 25, 2008 Page 4 of 31 A. Adopt Resolutions 200$-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 declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reasons for abatement requests: ~ C'1'1 Cth C'~a..l. ,..~ ..l..ul... I. ,.,..,.,, ~L. ,.4 .,. ,. ,],. a., i_,. .,I.. ,.~,..] `tJGL J JCIGGC - 4,lU000I IIVUJG URIC tlGGUJ CV UG GIGCLIIGU. 4100 Reservoir Boulevard -immediate abatement to secure the building. 1272-74 Circle Terrace -replace window and screens. Williams asked if the properties were repaired, if they could then be rented. Gorman stated the licenses are on the property and from before the moratorium date. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2008-189, 190, and 191 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers 2008-189, 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 froth the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2008-192. 543 Lotnianki Lane N.E.. 2008-193.3940 Johnson Street N.E. being Resolutions annrovin:? rental license revocation for failure to meet the requirements of the Property Maintenance Code. Gorman indicated the issues for rental license revocation: Both rental properties have failed to submit license applications, fees, and schedule inspections. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-192, and I93 being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-192, and I93 being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of the rental licenses listed. Upon vote: All ayes. Motion carried. C. 2nd Reading of Ordinance 1553, being a ZoninP; Amendment as it relates to Dynamic LED Signage• Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1553, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No, 1553, being an ordinance amending Ordinance No. l 490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1553. Nawrocki stated his understanding that this would increase the size of signage allowed. Jeff Sargent, City Planner, stated this would only be in conjunction with a monument sign and would not increase the overall. size allowed. Nawrocki questioned if an LED was placed on an existing sign, would they have to reduce the size of the sign. Sargent stated yes. Donna Schmitt, 4260 Tyler Street, stated. there are two existing signs in the City, with faster 14 City Council Minutes Monday, August 25, ?008 Page 5 of 31 scrolling than would be allowed. She asked if they have been notified of the change. Nawrocki asked her if the Planning and Zoning Commission notified them. She stated. she was not aware of any notification. n„a„ ..,.,+,.,a +i.,.++i.,, .>,.. ~,. ra ,.t,,.a :~.i.: .la +ti,,. L.,...a.,>,: 1 l.l4rsV11 JL0.LC~U 611 A.L u1GrG alc 1t11GC lV i,il rGlll slg11J CLt1U aJl\GU 11 Ulls wVIAIU t~+aUJG LLtGill 11Gt1 UJlilp. Sargent stated that if they were scrolling signs, it does not mean they do not met our standards. With the proposed ordinance, the structural integrity would stay the same, but the blinking and scrolling would possibly need to be adjusted. Diehm asked when the prohibition of scrolling signs was put in place. Sargent did not know. They were possibly put in place when they were not allowed. Our goal was to set a uniform code to follow. Sargent stated there would be 30 days before the code was enforced. He will research their placement. Gregory Sloat, 4731 6`" Street, questioned if the Northeast Bank sign would have to follow the time limit. Peterson stated that staff would research this within the 30 day period before enforcement. Fehst stated this ordinance is recommended to avoid pole signs. Diehm stated that the Council has been approached to allow LED's on monument signs, which we currently can not allow. This allows them with specific restrictions. We can instruct staff to withhold enforcement. Nawrocki stated it would be ludicrous to not allow time and temperature to change. Sargent stated that time and. temperature is allowed for ten seconds each. Diehm stated that this is to allow more flexibility and requested staff to contact current business owners and come to an agreement with them. Motion by Nawrocki to table the second reading until the next regular meeting. 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. Diehm again requested that staff contact these business owners and come back to Council with the comments at a work session. D. 2nd. Reading of Ordinance 1554, being a Zoning Amendment as it Relates Garage Sales. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1554, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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. Dorothy Penate, 4900 Jackson Street, indicated. her father has had over 60 garage sales. She stated that she received an email she did not appreciate indicating negative comments about City Council members. Citizens appreciate the ability to have garage sales. The email was negative and nasty. She complimented the Council and what they are doing. Teri Barber, 3848 Second, questioned allowing them only twice a year and questioned all of the 15 City Council Minutes Monday, August 25, ?008 Page 6 of 31 sales held during the Jamboree. If neighbors are not complaining, what is the difference? Diehm stated that it was a complaint that brought this forward. Residents are having trouble with their neighbors. This ordinance was arrived at from a survey of neighboring communities. She stated she dyes iivt cia`vc a prcic,rciiCc" vii rile iiuiiivci aiivwcd. Sargent stated. that garage sales are acommunity-bonding event, but some residents feel it is almost commercial in some locations and would like it curbed. Enforcement wilt be by complaint only. He has not received one complaint in his three years here. Nawrocki stated that under the old ordinance they could have twelve days and now they can have six. He indicated opposition to this. Penate stated that two sales a year are enough. There are people that buy items to resell, and it does become almost commercial. Schmitt indicated this covers individual property. You can have them at other neighbor's houses or rent the warming house. Sloat stated he was against this on principal and that he sent the email referred to. He stated if it is an issue, we should use the zoning law or business law already in place. You don't need to pass another law. Bob Odden, 1201 42 % Avenue, stated there is a house on their block that sells new items every weekend. He asked. for a definition of a garage sale. Diehm questioned if his description would be considered a commercial endeavor. He stated it is items that have been cast off. Peterson indicated that this "is much to do about nothing". We had only one complaint. There are people that abuse this type event. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, abstain. 4 ayes - 1 abstention. Motion carried. E. 2nd Reading of Ordinance 1555, beinP a Zoning Amendment as it relates to Real Estate Signs. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1555, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1555, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1.555. Diehm stated that the feedback she received indicates the proposed ordinance is not harsh enough. It is a work in progress and if there are problems, staff will be advised to revisit it. Nawrocki questioned what is presently allowed. Sargent stated it is currently addressed. in two sections of the code, but they are ambiguous, and is another reason to amend the ordinance. Code only identifies the minimum size. Nawrocki asked how many enforcements have been issued. Sargent indicated none. Diehm stated this was brought forward by a resident, and when we find code issues that do not match we have an obligation to correct them. Nawrocki stated the 16 ~'ity Council Minutes Monday, August 25, 2008 Page 7 of 3 l complaint was not a typical sign. Peterson questioned the new size. Sargent stated this would eliminate non-traditional signs, and allow traditional real estate T signs. Peterson stated that would allow the type you see now, even 11 LI1C CIIl1rC 1 WdS i111CU. 1VdWIUGKI CIUCSUUIICU UtJCiI IIUUSG fUUay J1gIlS. JQ[gC[il JLA LCU UICy are usually placed in the public right-of--way and would not be allowed. Upon vote: All ayes. Motion carried. F. 2nd Reading of Ordinance 1556, being a Zoning Amendment as it relates to Governmental Temporary Sig_ns_ Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1556, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehrn, to adopt Ordinance No. 1556, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1.556. Nawrocki asked why should government be allowed to do something the public can not. Diehm stated this refers to temporary signs for events of general public interest. Upon vote: All ayes. Motion carried. G. Second Reading of Ordinance 1552 being an Ordinance to vacation of a portion of Jackson Street for 825 - 41st Avenue. 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 adopt Ordinance No. 1552, being an ordinance to vacate a portion of Jackson Street for 825 - 41st Avenue. Nawrocki asked where the dead end occurs. Sargent showed Councilmember Nawrocki on a map. Sargent stated the vacation would take a portion of Jackson to be occupied by the Public Safety facility, cleaning up the plat by extending the line. Nawrocki stated that the city plows it and the church uses it far parking. Nawrocki stated you would either trespass or go the wrong way on a one-way street. Sargent stated it would be a two way street. A turnaround has not been addressed. Fehst stated that we would look at a reverse turn around, probably not a cul-de-sac. Peterson stated that the architects and traffic commission would address this, considering safety measures. Dwayne Morrell, 4212 Reservoir Blvd., stated there should be a turn around. He asked if eanergency vehicles would exit north. Peterson stated no, they will all go out on 41'1 and only enter on Jackson. Peterson explained the cut off. Morrell suggested a gate on 42°d Avenue for public vehicles. Peterson stated this would be addressed during the construction. Doc Smith, Construction Manager, stated there is now a trash enclosure at this location and a 17 City Council Minutes Monday, August 25, 2008 Page 8 of 3 truck can go in, pick up, turn around, and leave. Motion by Nawrocki to delay the second reading of ordinance until such time as the plan for a turn around far Jackson Street is brought forward. Peterson called for a second to the motion. LrlUtlUll ti1Ct1 LVL IAGK VL A Jel7Vll(1. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. H. Adapt Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relatinP to General Provision Definitions, to clarifypositions of City Clerk and City Treasurer. Fehst stated these are administration clarifications. Motion by Kelzenberg, 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 adopt Ordinance I SS 1, 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. Upon vote: All ayes. Motion carried. I. 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. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, to elarify the positions of City Clerk and City Treasurer. Motion to amend by Nawrocki, to change Page 212, City clerk 3.208D from "shalt serve as secretary of the city council" to the present Charter change stating that the city clerk "may be designated as". Peterson called far a second. Motion died for lack of a second. Motion by Diehtn, second by Williams, to table Ordinance l 535, allowing Councilmernber Nawrocki to talk to the city attorney. Upon vote: All ayes. Motion carried. Nawrocki questioned if we have a Merit Board, as there is language to file an oath with the City Clerk. Fehst stated that Board has not been active in his 12 years here. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions I. Accept bids and award. contracts for Public Safet~Center, Phase I site work. Doc Smith, Construction Manager, described the first motion is to award the site work bid and alternates that are recommended for acceptance. The basement will wait for the next bid package. Smith recommended. approval of the Landwehr bid. Nawrocki asked the estimate for this work. Smith stated the overall estimate was $1,013,000 for 18 City Council Minutes Monday, August 25, '2008 Page 9 of 31 the earth worke Smith stated the landscaping will be done next fall and the retaining wall will result in a savings of $43,000. Discussion included specifics for landscaping next fall and utility work. Motion by Diehm, second by Williams, 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. Upon vote: All ayes. Motion carried. Smith indicated the next recommendation would be site blacktopping. The original estimate was $180,000 and the bid was $49,000 less, with a hold on the alternate. Fehst stated that is to be determined in Phase lI to stay within budget. Motion by Kelzenberg, second by Williams, 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. Upon vote: Ail ayes. Motion carried. Smith stated the next bid. recommendation is for exterior sidewalks, curb and gutter. There were nine bidders, but there was only one viable bid. He listed companies that North Country Concrete has done work for. This bid did fall within the estimate. Motion by Williams, second by Kelzenberg, 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 Mold-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. Upon vote: All ayes. Motion carried. Smith explained his reasons to recommend. rolling the electrical bid into the next bid package. Nawrocki asked how many more bid packages there would be. Smith stated about I2 to I S in one bid phased Alternates were discussed. Fehst indicated there would be a ground breaking at the site tomorrow at 7:00 a.m. He referred to the dynamics of these architects working with the construction manager, Motion by Diehm, second by Williams, to reject bid Division Columbia Heights 1-16-1 Electrical Site Lighting, to be included in the next bid package. Upon vote: All ayes. Motion carried. Peterson invited everyone to the 7:00 a.m. groundbreaking, with the early time to accommodate the Councilmembers that work. He stated that Councilmember Diehm was instrumental in seeing this project go forward and we wanted her to be able to attend. 2. Adapt Resolution 2008-186, Parking Ramp Operations Agreement Between the City of Columbia Heights and Stadium ~illa~e Properties, LLC at 950 40th Avenue. 19 City Council Minutes Monday, August 25, 2008 Page 10 of 31 Scott Clark, Community Development Director, requested to discuss the next two items together. He stated that Dave Jasper, Stadium Village Properties, purchased the building at the beginning of the year. Clark stated the motion would clarify the current document of record. They have begun to invest heavily in the parking ramp and the plaza. He indicated the owner/operator __-__u _..~tt t__-- a__ ----- r-- m, _n__-~--- `-t__----- ~- ..t nnnn mt_- __t_-- t-` ~- __-~-- _ nn WUUIU SUll 1G2i5G U1G I4II1~ lUC ~1, tt1lUWltlg L2tKGUVGI' LI1 U1C yGaC GtJGG. l IIV tJldGd IUl 1J UllUGi 2C 77- year lease, which the city can sell but must give the owner the first right to purchase. The owner approached staff to see if the city could provide funds to improve the exterior of the building. Following research, we felt we could exchange the plaza value and allow the proceeds to go back into the improvements without cost to the taxpayers. Estimates of the improvements are $500,000. This would hopefully encourage greater improvements along Central Avenue. With favorable bids and the late season, they wish to begin now. The recommendation is for a preliminary agreement, in concept, for them to start the project and we would follow with necessary items. The agreement includes securing an appraisal and formal amendment of the 1982 agreement. Nawrocki questioned the parking ramp agreement. Sheila McCartney, Assistant Community Development Director, stated the new agreement is to replace the 1988 agreement for ramp operations, as that agreement has expired. Motion by Kelzenberg, second by Kelzenberg, to waive the reading of Resolution 2008-186, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, 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. Upon vote: Ail ayes. Motion carried. 3, Adont Resolution 2008-187. Preliminarv Development Aureement by and between the Cit of Columbia Heights and Stadium Village Properties, LLC for building; facade improvements at 3989 Central Avenue. Dave Jasper, Stadium Village Properties, stated that when they bought the building they did not plan to change the skin., but found other resulting issues, which could not be ignored when doing other major improvements. They have about one-half of the cost to change the skin and create a new image. Costs would increase if we wait. The staff's solution is a good idea. Most people did not know that the plaza was owned by the city. Jasper described the technical issues and the need for improvement, while showing Councilmembers samples of material to be used. He stated that the Mayor suggested putting a strip in the building to show it has been redone. The owners want to keep the building professional looking. Frank Wergan gave details on the building panels, and referred. to concerns of adding weight to the building. A waterproof system has been found that will work. The hope is to install this before the cold weather. He described the manner in which it would be adhered to the building. Bob Olden stated that he is a mayoral candidate. Fehst stated that this is not a political forum. Diehm stated that if this becomes a place of advocacy, we must allow equal time to other candidates. There will be a forum held by the cable studio. Olden questioned if every time some commercial building on Central needs money if they can come to us. We are setting a precedent. The city should not be involved. Diehm asked him how Zo City Council Minutes Monday, August 25, ?008 Page 11 of 31 much he thinks they are asking us for. Diehm indicated this would be a trade for the plaza, which has little value to the city. If sold, they would have first right of refusal. This is a creative solution and is of value to them. This would be a large dividend to the community. 1VAWrOCKI SldICU IlC WtiS ^UI opposGU W SClllrl~ LIICIIl U1C (J1~CL~i, VUl Is I1Vt DUI`e of Llle grope[ value and would not agree to give them the proceeds. He questioned if there has been an appraisal. Clark stated we are agreeing to do the work after the fact and will have an appraisal done. Nawrocki asked if the bank uses the underside of the plaza. Clark stated yes. Nawrocki stated this has been part of a TIF district and expires next year, Tax dollars, instead of going to city services, would go to support the property. Williams agreed, stating that no one helped him build his store. Why are we giving them property that adds value and indicated that when the ramp lease is up it is worth nothing. Clark stated they get the ramp in 2022. They have put in all of the dollars necessary since 1982, with no support from the city. Williams questioned the cracked sidewalk in front of the ramp. Clark stated that the sidewalk is ours. Williams again asked why this is good for the city. Clark reiterated the details. Our goal is to improve Central Avenue. We are giving up a piece of property that has no other asset value. We do not have to spend EDA or City money. The building's prominence in the community compliments other improvements on Central Avenue. Fehst stated that this would look to improve Central Avenue and promote economic development. They have come with a proposal to buy land that has little value to us. Nawrocki stated that the drive-in has a value to the bank. He is not opposed to selling it, based on an appraisal, and would not give the money back to the owners of the building. Peterson stated this is a unique situation, where we have piece of property that some didn't know we owned, that we do not use. We are trying to make our entire community a better place. We built two new beautiful buildings and now Unique Thrift is making improvements. This is the most focal building in town. If we do this, we will have a beautiful building and the building will have a higher tax value. We want to make our community a better place to live. Some do it on their own, some ask for assistance. We need to keep moving forward and this is an ingenious plan: awin/win plan. He commended Clark on the plan. Nawrocki stated that the people feel there is some value to the plaza. If we don't sell the plaza they will have to come up with their own money. They are looking at the property as investors. Part of the idea of the plaza was for community events. Diehm agreed with the Mayor's statement. We sell the property, but are guaranteed the money will be reinvested in the community. Here is a chance to take property of little use and make an improvement. We could still have an agreement to allow public events. The value on the market would be far less with skin issues. By transferring the plaza to the owners, we are encouraging investment. We have not done so in the past and are now having to playing catch up. We encourage creative ways to do mare with less. They are not asking to reduce taxes. In concept, Diehm gave her support of this plan. Kelzenberg agreed. Peterson asked. the owner if we could use it for a picnic. He stated yes. 21 City Council Minutes Monday, August 25, 2008 Page 12 of 31 Motion by Diehm, second by Keizenberg, to waive the reading of Resolution 2008-1.87, there being an ample amount of copies available to the public. Upon vote: Ali ayes. Motion carried. ivioiion by Diehm, second by Keizenberg, to adopt Resolution 2uu8- i 87, 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. Nawrocki questioned if the plaza was part of the money received. to build the parking ramp. He would like to see the original agreements. There must be some value to this property. Morrell stated he is against the proposal. The building condition was known and they could flip the building. Clark stated it is important to understand they bought the obligations of the parking ramp and plaza maintenance. They have already put $1.2 million into repairs of the building and the ramp. Upon vote: Keizenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 2 nays. Motion carried. 4. Adopt Resolution 2008-184, Acquisition of Property Located at 96l Gould Avenue McCarthy stated 961 is a foreclosed home which has not been lived in for 10 years. The option would be to purchase this building and demolish it, possibly working with Stadium Village for an easement on snow removal and a rain garden. It is available for $30,000 plus closing costs. Nawrocki questioned what the housing fund is and how much money is in it. Fehst stated it was set up about one year ago. Clark stated there is approximately $l .l million in the fund and described different use scenarios. The EDA will discuss this further tomorrow night. Nawrocki asked the fund number. Clark indicated that operating fund would not be in the budget. Fehst stated that the Finance Director has indicated there are adequate funds in the housing fund to purchase this home. Nawmcki stated that he is not sure that a snow pile is desirable to the homes on Gould Avenue. Peterson stated that he would rather have snow or a rain garden than this house. Diehm stated that this is a "no brainer". We have properties in terrible shape to deal with. We want information on the fund, but we are told the funds are available. Motion by Diehm, second by Keizenberg, to waive the reading of Resolution 2008-184, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Keizenberg, 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. Upon vote: Keizenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay Motion carried. Fehst stated that there would be a meeting, after the EDA meeting tomorrow night, to discuss 22 City Council Minutes Monday, August 25, 2008 Page 13 of 31 how to take care of houses that are a mess. The next item is a house on Pierce Street that has been a neighborhood problem. We have limited dollars. We need a general structure. 5. Adopt Resolution 2008-185, being a Resolution approving the acquisition of property located ai~twi rtcic;co~-cc~ Fehst stated that this is a double home and is a mess and it would be best to tear it down and sell the property. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-185, there being an ample amount of copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-1.85, 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. Nawrocki asked if we have an appraisal on the property. McCartney stated that we do not. Nawrocki indicated that the city does not do a good job of negotiating prices. He stated that there should be an indication of possible uses for the property. Peterson asked if Councilmember Nawrocki felt the property was overpriced. McCartney indicated the sale price is $1.32,000. There was another offer made at the same time as ours. Deb Johnson, 4626 Pierce Street, stated she has lived across from this property for four years. About two years ago they got $1,300 a month rent and by last year this home had Minneapolis K-9 units in it and was raided with guns drawn. The inside of the home is gutted. Clark stated that we have been tracking the sale of foreclosure properties. We have had 80 sales tracked. since March. Duplexes are selling for about $.50 on the dollar. Those type homes on Circle Terrace that sold for $240,000 to $290,000 are now selling for about $130,000. Peterson questioned what price could be put on improving a neighborhood? It is worth it to save and clean up the area. We did not go far enough in the Sheffield area. Clark and McCartney have been directed to move on things like this - it is a good buy. Odden objected to the term "problem property". There are problem people, not properties. If there are drugs involved, the people should be arrested. Deb Johnson stated that the property has been vacant for a year and no one is being kicked out. No decent person would live there. There are bad. properties and bad landlords. Williams stated this is a great time to talk about the RIBS program that was voted down. We have to do something about foreclosed properties, like the house on Cleveland. that kept getting breaks, but is now in foreclosure. Fehst stated this would be discussed tomorrow night. The owners were bad. landlords. Williams stated that Clark does a great job. He would like to see us obtain some of the bad. properties on Circle Terrace. Nawrocki stated he brought this idea forward to the council, but we are paying too much for it. Fehst stated there are 374 foreclosure properties in town and an unknown number of abandoned homes. We offered the lowest possible price on the property. Nawrocki stated that the RIBS program would not have covered foreclosed property. 23 City Council Minutes Monday, August 25, 2008 Page 14 of 31 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Upon vote: All ayes. Motion carried. r w t_ ~ r~___t _~:_.__ nnnq ine ___~ r,nno tinn t__.__ n___t__..:____ ___~t_.._...:_:._.._ ri_r__.__..,it..,, D. KUU~3l I~CSUIULIU[15 GVVO-17J d11U GUVO-17`i, UGltl#' ItGJUIUUUl1J QUllwttGlll~ iZUUCywrru w Implement an Enemy Conservation Program Utilizing Minn. Stat. 471.345, including financing for John P. Murzyn Hall. Fehst pointed out the correction of the state statute number. He stated that Honeywell has tried to keep the Murzyn Hall building working well but it needs major improvements. The first item is a Resolution for intent to bond for improvement expenses and the second is to implement an energy conservation program. We think this is a good thing. We are researching the best way to borrow the money. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-195, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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. Upon vote: All ayes.. Motion carried. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2008-194, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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 cast savings utilizing MN STAT. § 471.345 Fehst asked John Worken, Honeywell, to describe the bids. Worken stated they designed the scope of work, which is a tight description, to serve the client and follaw state guidelines covering materials, and labor, with a payback over the next I S years. There are engineering and project management costs on top of this. The bids came in at six percent less than were estimated at the work session. Nawrocki asked if the intent is a bond issue. Fehst stated it may be a lease purchase agreement with Honeywell. Nawrocki asked where the money would come from. Fehst stated it would be a tax. Diehm stated this is a unique program allowed under state law, being an energy avenging project, and the contract has to guarantee that we will get the cost back in savings over time. It is very important to improve Murzyn Hall. Nawrocki asked when we would see the savings. Fehst stated it would be seen when the work is done. You have to purchase the improved equipment. Worken stated the initial savings were estimated at $23,000 and the energy savings estimate has gone up. The boiler is the largest consuming item and will be the largest savings component. Nawrocki asked if this is a complete project. Worken stated it would be. Upon vote: All ayes. Motion carried. 24 City Council Minutes Monday, August 25q 2008 Page 15 of 31 B. Bid Considerations -none C. Other Business. -none A TIRiiTATTCTD A TT~TL' DT. DlI~TC C1L1Y111i 11J 1 110111 • L' 11L'~i V \ 1 A.l Report of the City Manager • Distribution of Proposed 2009 Budget • September 2 Work Session items o Authorization seek bids--Huset park picnic shelter o Alternative to Police/Fire Civil Service Commission o Budget review Nawrocki stated that the budget information is not adequate. It starts with a tax increase and. does not include what the EDA is proposing. We could be looking at a double digit tax increase. He stated that he would not vote for anything close to that. Report of the City Attorney -absent CITIZENS FORUM Bob Odden, 1201 42 '/~ Avenue NE, stated he is sad to hear, after the July 2$ meeting, that Council does not agree to property rights. People are not getting their rights. There should be due process. Dwayne Morrell, 4212 Reservoir Boulevard, watched a community cable channel program where the Building Official left us wsith the idea that the RIBS program would not end and would come back. Fehst stated that we would not look at the RIBS program again. We will look at housing issues, as there are properties that are in bad shape. Morrell asked if the City should wait on the Pierce Street property until no one else wants to buy it? Fehst stated that when private people purchase properties we have no guarantee they will be brought up to code or kept up. We can try to improve some homes, or let free market rule. Morrell suggested a bond issue of $10-20 million to buy up homes to improve areas. Morrell questioned obtaining a copy of the Public Safety building plans. Fehst stated they are available to view at City Hall. Morrell questioned the status of the 49t" Avenue Pedestrian Bridge. Diehm stated that our Congressman was looking for funding, but it is expensive. Donna Schmitt stated her support of the stripping of the Stinson bike path, as she bikes the area. We need to re-look at the rental. moratorium. Peterson stated that would. be discussed tomorrow night. Jeff Diehm, 5125 St. Moritz, stated he was unavailable when the RIBS discussion took place. Regardless of individual feelings, he stated that he fundamental took offense to the name calling and the accusations thrown out. The decisions were well intentioned. Sometimes it is hard when government tells you what to do, but in our city and with our social economic status, he applauded the City Council's effort to try and improve the housing stock Diehm implored the Council to continue. There are home with dirt floors and we don't want that in our neighborhoods. People become narrowly focused on the cost to sell a home, or to ask permission of the government to sell. That is an extremist position to make a point or to campaign. If that same group of people or another group of a different 150 people came in and said you need to do away with the police and fire department you would know that is not practical. You are in charge and sometimes when the narrowly focused may not agree with you, you must make the correct decision because you have been elected to do so. Diehm stated that tonight there were complaints of increases to our taxes, but tonight a plan was brought forth to improve the city and would not cost a dime in real tax dollars. He applauded staff for 25 City Council Minutes Monday, August 25, 2008 Page 16 of 31 trying to come up with ways to not increase taxes. Rather than taking pot shots at staff, we should continue to encourage them. COUNCIL CORNER itetzennerg Went on a police ride-along last Friday - it was very interesting. Nawrocki • Reminded everyone the Primary Election is Tuesday, September 9tl'. ® Has passed out information on performance management. See that we paid funds to send the Asst. Finance Director to a performance management seminar. Requested to see the information he returned with. Peterson • Don't forget our service men and women. Don't take yourself too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 11:00 p.m. Patricia Muscovitz CMC City Clerk 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 surrey 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 I, 2009. CATEGORY Arcades/Amusement Centers ($5,000 Bond/$1001nv.Fee) (PD} Auto Recycling Dealer/.funk Yard ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI ) On Sale ($1501nv. Fee Isttime appl.) Off Sale ($150 Inv. FeeTsttimeappl. Temporary Beer (per day basis) ($500 Appl. Fee; $150lnvestigation Fee} Carnivals ($500 deposit & insurance) (PD) Christmas Tree Sales (FI} (P&Z Comm) ($200 Clean-up Deposit} Cigarettes/'T'obacco Sales (S&H} Contractors (Bond and Insurance) General (if not licensed by State) 2009 BUSINESS LICENSE FEES Effective .Tana<ary 1.2009 through December 31.2009. FEES $500 $500 $400 $150 $100 $50/day $50 $300 $60 $60 26 City Council Minutes Mondav, Aueust 25, 2008 Page 17 of 31 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 Skill (PD) $15/Location Plus $151machine Kennels. Commercial (PD} $50 Plus, per cage $10 Intoxicating Liquor Sales (PD, FI, BI} Class A (Inv. Fee $500-$2000} $8,000 Class B (Inv. Fee $500-$2000) $6,500 Class C (Inv. Fee $500-$2000) $6,500 Class D (Inv. Fee $500-$2000) $8,000 Class E (Inv. Fee $500-$2000) $5,500 On Sale Wine (Inv. Fee $500-$2000) $2.000 Sunday On-Sale Liquor $200 Temporary On Sale (Inv. Fee $500-$2000) $100/day "Club On Sale Liquor (Inv. Fee$500-$2000) Per membership up to 200 members $ 300 201 to 500 members $ 500 501 to 1,000 members $ 650 1.,001 to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) $100 ($2501nvestigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device $50 Each Addl. Metering Device $ ] 0 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) A. igew Application $?5 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 Pawnbroker ($5.000 Bond/$100 Inv.Fee) (PD} $12,000 Pet Shop (PD)(Humane Officer) $50 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 Popcorn. Candy, Food Catering Vehicles (PD) $50 (Insurance -Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100lnvestigation Fee) New Applicant $300 Renewal $200 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 27 City Council Minutes Monday, August 25, 2008 Page 18 of 3l I - I5 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 25% PENALTY OVER ORIGINAL FEE 50°'° PENALTY OVER ORIGINAL FEE 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. 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 5`h Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Fleights 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 Colmnbia Heights Makes the following: FINDINGS OF FACT 1. 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 foad throughout the house. 2. That on August 1 I, 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: Approve the immediate abatement of the hazardous structure located at 4522 5`h 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 5`h 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 ail 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 4522 6a' Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-190 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 o1'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. 28 City Council Minutes Monday, August 25, 2008 Page 19 of 31 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 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?06(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 1. The property located at 4100 Reservoir Blvd N.E. constihites a nuisance pursuant to City Code. 2. "That a copy of this order shall be served upon ail. relevant parties and parties in interest. 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 I. That on June 27, 2008 an inspection was conducted on the property listed above. Inspectors found rivo 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: Shall repair and replace the multiple screens throughout the entire property, 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 I . That the property located at 12'2-', 4 Circle Terrace Blvd. N.E. is ir. 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. Ifave expired, or such rights have been exercised and completed. 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. RESOLUTION 2008-192 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter ~A, 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 Lomianki Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter ~A, 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 I. That on or about June 1 ~, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The Letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on 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 29 City Council Minutes l~londay, August 25, 2008 Page 20 of 31 Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Flolder 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 5A.306 and 5A.303(A}. ORDER OF COUNCIL 1 The rental license helnnainn to the license Holder described herein and identified by license number F8547 is herebv 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 2008-193 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 5A, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action. contained herein was given to the License Holder on August 7, 200$ 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: 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 5A.306 and SA.303(A). ORDER OF COUNCIL 1. 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. 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 1. Section 9.103 of the Calumhia Heights City Code, is thereby amended to read as follows: § 9,103 DEFII~IITIONS, For the purpose ofthis article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, D}'N.9TfIC 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, Clashing, 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 eftect illumination. SIGN, IARL~IBLE ELECTRONIC' bIESS.AGE. 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, 1-l 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 thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sigrz regulations. (6) ProhiGrted 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 specitcally prohibited: (a-p) [SECTIONS TO REMAIN UNCHANGED] (q} Variable electronic message signs. Chapter 9, Article h Section 9.106 (I')(8) of the Columbia Heights City Code, is thereby amended to read as follows: 30 City Council Minutes Monday. August 25, 2008 Page 21 of 31 § 9.106 GENERAI, DEVELOPMENT STANDARDS. (P) Sign regtrlcztions. (8) Dynastic 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. Dvnamic i,F,D signs are allowed only on monwnent liens 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 haur-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (IO) 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 Ii•orn 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 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 hall=hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance nwst 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). 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 1'O 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) Sigrt regulations. (8) Signs in Residential Districts R-1, R-2.9, arzd R-?B. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictiors on permitted signs. Permitted signs in the R-l, 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 UNCIANGED] (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) Resu~ictions on Cortditiortal Llse Signs. Signs requiring a Conditional Use Permit in the R-I, 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 Pern~it process as outlined in § 9.104 (H) of the zoning code. 2. A11 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. thirt}~ (30} minutes of display time. Chapter 9, Article I, Section 9.106(P)(9) of the Columbia I-leights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. 31 City Council Minutes Monday, Atr~ust 25, ?008 Page 22 of ~ I (P) Sign r•egulutions. (9) Signs itt 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 1SFCTiON T(7 REMAIN 11NC`HANGFD] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCI-LANGED] 4. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign regtdations. (9) Sigtts in Residential Districts R-3 artd R-~. (a) [SEC"I70N TO REMAIN UNCHANGED] (b} Rester"coons ma 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: L [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: I. 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 reg:Jatians. (10) Signs in LB, Lirrtited Bztsirtess District. (a) [SECTION TO REMAIN UNCHANGED] (b) Resh°ictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: L [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.Y06 GENERAL DEVELOPMENT STAPIDAILDS. (P) Sign regulations. (I 1) Signs in LB, LitnitedBtrsiness District. (a) (SECTION TO REMAIN UNCHANGED] (b) Restrictions ort permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION "I'O REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c) Coraditiona/ 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) Resb•ictiotts ort C'onditiorta/ Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: L All signage must be approved through the Conditional Ilse Permit process as outlined in § 9.104 (H) of the zoning code. ?. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(81 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 (i } message for each thirty (30} minutes of display time for religious or educational institutions. Chapter 9, Article [, Section 9.106(P)(I 1) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. 32 City Council Minutes Monday, August 25.2008 Page 23 of 31 (P} ,Sign ~°egulations. (1 I) Sigzzs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be pem~itted: L [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 more 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 fiontage of the site on which the building or structure is located exceeds 1.50 feet in length, and (c) if the building is located 20 feet or more from the front lot line and. is located adjacent io a state trunk highway, a second freestanding signs not to exceed 75 square feet and limited to rivo 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 slate 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 wa[l 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 % square foot for each trout 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) ResU•ictiozzs. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 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 izz CBD. Central Business Dish•ict. (a) Permitted sins. 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 far each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; ene svall 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 rivo 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 '/z square foot for each front toot 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, Centra] Business District are subject to the following restrictions: 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 Ilse signs. In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d') Restrictions on Conditiorzczl 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)(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. 33 City Council Minutes Monday, August 25, 2008 Page 24 of 31 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 suns in the GB. General Business District are subject to the follawing 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. (13) Signs in GB, General Bz~siness District. (a) [SECTION TO REMAIN UNCHANGED] (b) Resb•ictians 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} Caulitiona/ 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. Atl 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 na less than one (1) message for each ten (10) minutes of display time. Chapter 9, Article I, Section 9.106(P)(13) ot` the Columbia Heights City Code.. which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in 1-1 and I-2 Indarstrial Districts.. (a} [SECTION TO REMAIN UNCHANGED] (b) Resn~ictions. Permitted signs in the I-I, Light Industrial District, and the 1-2, General Industrial District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECT[ON TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENEILAL DEVELOPMENT STr~NDARDS. {P) Sign regulations. { 14} Signs in 1-1 and 1-2 bzdustrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (h) Resd•ictiorzs 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 Conditiona/ Use Sigrzs. 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. A11 signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) ol'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, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign regtdations. (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. 34 City Council Minutes Monday, August 25, 2008 Page 25 of 31 Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (16} Signs for rzoncorzforaazing 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 L Section 9.103(P}(1 ~) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Slgn YeglllallonS. (1 S} Signs in the PO, Public and Open Space District. (a} Permuted Signs. In the PO, Public and Open Space District. the following signs shall be permitted: 1. Any number of wail signs on any side of a building not to exceed 200 square feet of total surface area for atl 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) i'eet 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 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 feel 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. Id} Restrictiaas orz Conditional Use Sigrzs. 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 (I-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 thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106(P)(1 ~) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regzzlatfons. (] 5) 4/irzirznzm 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 foe traffic visibility by this division. Is therebv a7mended to read as follows: § 9.106 GENER.AI. DEVELOPMENT STANDARDS. (P} Sign regzlations. (17) ltiliuiuaurn yard reg7zirernerats freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shalt be ten feet from any property line or as otherwise stated in this article. W'l~en 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. ORDINANCE NO. 1554 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 200 RELATING 'f0 GAKAGE SALES The City of Columbia I-Ieights does ordain: Chapter 9, Article 1, Section 9.106(G}(I } of the Columbia heights City Code, which currently reads to wit: 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Temporar7~ uses aru! 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 reputations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Scrles. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential Location. 35 City Council Minutes Monday,. August 25, 2008 Page 26 of 3l Is thereby amended to read as follows: 9.106 GENERAL DEVELOPMENT STANDARDS. (G} Temporarv 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: (11 Gaz-age Sales. Residential earaUe sales shall be Limited to no more than two (2) earaae sales ner nronerty ner 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. ORDINANCE NO.1555 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELA"PING TO REAL ESTATE SIGNS 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} Sigrr Regzdatiorzs. (5) Exezrrpt Sigzzs. 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. (1} One wall sign per dwelling for permitted home occupations not to exceed hwo 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 sate, 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 tifteen (I ~) 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-ot=way. No such temporary on-site sign shall remain seven (7} days past the date of termination of such offering. (j) hl 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-ot=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. (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,. 36 Ciry Council Minutes Monday9 August 25, 2008 Page 27 of 31 (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 ar premises, and thirty-two {32) square feet in area tivhen advertising the lease or rental of a tenant space. No such banner or pennant shall remain east the date of the offerine. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. 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. ]s thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (Q) Sign RegzJntions. (5} E.Yempt Sigras. ]n 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 far 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. ORDINANCE NO.1552 BEING AN ORDINANCE VACATING A PORTION OF THE .TACIkSON 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 2"D ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest corner of Lot 1, Block i, Northwestern 2"d Addition, Anoka County, Minnesota_ thence North 00 degrees 02 minutes 27 seconds East, along the Westerly line of said L,ot 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.lackson 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 tine 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 fallowing condition: [None] Section 3: This ordinance shall be in full force and eftect from and after 30 days after its passage. ORDINANCE NO. 1551. BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION ~5, CHAPTER 7, SECTION 66, AND CHAPTER 8, SECTION 77. OF THE CHARTER OF TIIE CITY OF COLUMBIA HEIGHTS PERTAINING TO SUBORDINATE OFFICERS, LEVY AND COLLECTION OF TAXES, AND LOCAL IMPROVEMENTS, HOW MADE The City of Columbia Heights dies 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 ofthe 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) 37 City Council Minutes Monday, August 25, 2008 Page 28 of 31 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 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, 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 oftces as it may see tit. (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 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 foe which the same is levied, but in such case t}te excess shall go into the fiord 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 I O or such other date as pray 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 m 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 I leights 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 fitly 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. ]n 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 comtcil, 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 councih after the completion of such work, shall make a final assessment to pay the same. 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 pray 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 shat( 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- tifihs 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 aIi the real estate within the benefitted area as shown on the assessor's books by the assessment last made. 38 City Council Minutes Monday, August 25, 2008 Page 29 of 31 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. 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, ivltich 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. RESOLUTION 2008-186 A RESOLUTION APPROVING A PARKING RAMP OPERATIONS AGREEMENT BETWEEN THE CITY OF COLUMBIA FIEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC AT 950 40~n AVENUE WHERAS, the City of Columbia Heights is the owner of the parking ramp located at 950 40`h 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 FIeights: 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. RESOLUTION 2008-181 A RF..SOLUTION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF COLUMBIA IIEIGHI'S AND STADIUM VILLAGE PROPERTIES, LLC FOR BUILDING FAQADE IMPROVEMENTS AT 3989 CENTRAL AVENUE WHEREAS, 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 fagade in exchange for securing fee title to City owned property that is adjacent to the subject building, and WHEREAS, 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 beriveen the City of Columbia FIeights and Stadium Village Properties, LLC. 2. Authorizing staff to proceed with all activities necessary to complete the subject transaction. RESOLUTION 2008-184 APPROVING THE ACQUISI"PION OF PROPERTY LOCATED AT 9G1 GOULD AVE 39 City Council Minutes Monday, August 25, 2008 Page 30 of 3I WI-IEREAS, the city has found that there exists conditions o1'deterioration. and substandard structure, in need of repairs which are in violation of the City Flouring Code and City Ordinances or there exists a need (due to blighting influences} for intervention by the City to prevent further deterioration o1'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. Realtv Executives Top Producers (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW TFEREFORE BE IT RESOLVED t. The City Council hereby approves the terms of the Purchase Agreement for 961 Gould Ave NE beriveen 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. 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. "fhe 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. 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 WHF,REAS, Internal Revenue Service has issued Tres. Reg. 1.150-2 providing that proceeds of tax exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and, WFIEREAS, the City of Columbia Heights (thc'`City"'} expects to incur certain expenditures which may be tiranced temporarily from sources other than. bonds, and reimbursed tiom the proceeds of a bond; NOW, TFEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGFITS 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. 1.1 SO-2 and any successor law, regulating or ruling. RESOLUTION 2008-194 BEING A RESOLUTION AUTHORIZING THE AGREEMENT WITH FIONEYWELL INTERNATIONAL, INC. 1"O IMPLEMENT AN ENERGY CONSERVATION PROGRAM THAT WILL RETROFIT MURZYN HALL FOR THE PURPOSE OF ENERGY COST SAVINGS U"1'ILIZING 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 qualities 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 40 City Council Minutes Monday, August 25, 2008 Page 31 of 3l. 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 RESC?LVED, by the City Council of Columbia Heights, Minnesota: SEC"PION 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 presentatian of the praper voucher or voucher therefore. SECTION IV. The City Manager and Mayor of the Columbia Heights, Minnesota are authorized to pursue and enter into financing agreements with I-Ioneywell 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 faund 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. 41 Approved ~~ 9/2/2008 CS ~7~\-_ _/_.~.~ COLUMBIl~ HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES August 6, 2008 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Members present were, Barbara Miller, Catherine Vesley, Patricia Sowada, Nancy Holum and Lynette Thomson. Also present: Becky Loader, Stacey Hendren, and. City Council Representative Bruce Kelzenberg. The minutes of the July 1, 2008, Board meeting were approved as mailed. Sowada clarified that Mary Busman is the Principal at Valley View Elementary. The bill list dated 7/14/08 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 7/14/08A was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 7/28/08 was reviewed. It was moved, seconded and. passed that the bills be paid. The accounting dated 8/6/08 was reviewed. Old Busiiuess: 1. Loader gave an update on the proposed 2009 budget. Loader will be meeting with City Manager Walt Fehst and Finance Director Bill Elrite to discuss amendments to the proposed budget. The budget will be submitted to the City Council at the August 25`h Council meeting. ACL currently has tentative approval for the merger of the ACL IS Department with the County IS Department. CHPL is pursuing 2 options for the ILS. a. Option 1-Keep the TI as a connection to the ILS. The City of Columbia Heigi~ts will maintain the technology in the building. b. Option 2- All access will go through the Internet. Option 2 has had a successful test until the City server crashed. There will be a test of option 1 in September. Discussion followed concerning the two options and the new server for the City. Loader noted that through the existing contract with Qwest there would probably be a termination fee for canceling the T1 service. The meetings with the Anoka County IS Department were discussed. 2, Loader addressed current maintenance and capital expenditure projects for 2008. a. Shelving- Adult Services Librarian, Dana Weigman, is currently taking bids for YA shelving. b. Workstations- Bids have been received to replace the last 1970's desks with workstations. c. Painting- Bids were taken for the painting of the lobby. Staff hopes to schedule the pauiting during Staff Day, August 22"d, when the Library is closed. The winning bid came in at a very reasonable rate. d. Security proposal- emergency doors- Proposals were very high. There are 2 doors that pose immediate security risks. e. Sump Pump disconnect- Public Works is handling bids. 42 f Carpet- Weigman has taken bids. Public Works will take down workstations and lobby shelving prior to the carpet installation. Due to the location of the carpet installation and the circulation terminals Loader requested that the Library be closed to the Public on September 5, 2008. It was moved, seconded and passed that the Library be closed to the public September 5, 2008. g. Replacement of Public PCs- The PCs will probably be replaced during late October, or early November. Al Raultio ACL IS Technician, will assist Aleksandr as a transition between the ACL and COH maintenance of the ILS. New Business: l . The Internet policy was discussed. The only change is on guideline #7 where Login and agreement to the Library policy are required instead of signup. It was moved, seconded and passed that the policy changes be accepted. Sowada questions how the Community Service Officer is working out. Loader stated that the CSO's have been generous with their time, have diffused situations that staff were unaware of, and have been a deterrent for conflict. 2. The Board discussed the article "From. Awareness to Funding." Loader noted the statement that people who support libraries are not often the biggest users of the library, and how in order to raise funds it is necessary to reach those people. 3. It was moved, seconded and passed that the fund transfer from 3430 to 2030 be made. Items from the Floor: 1. Loader read a recent letter to the editor of the Pioneer Press titled "Chaos in the Library." The Board discussed Library use in a mixed environment. The Board discussed the use of the Internet by patrons. Discussion continued concerning playing games, cell phone use and behavior issues in the Library. 2. The Board reviewed the June crossover statistics and noted the gate count. 3. The Volunteer Recognition ceremony will take place on August 20`h at 3:00 p.m. Miller signed the recognition certificates, and many Board members are planning on attending the ceremony. 4. Loader presented historical artifact donations from Rita Norberg. Photos were taken of Library Board members for posters. There being no further business, the meeting was adjourned at 8:02 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The C'it)~ of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment ar employment in, its services, programs, o~• activities. Upon request, accommodation will be prvvidc~d to allow individz~als with disabilities to participate in all City of Columbia Heights services, programs, and actlV I t l eS. 2 43 ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES JUNE 16, 2008 CALL TO ORDER/ROLL CALL President, Gary L. Petersen called the meeting to arder at 6:16 p.m. 1 T 11 ! _ 1_ . Present: Gary h. Peterson, Bruce ivawracki, Gerry i-ierringer, i ammera uPenrti, Marlaine Szurel< and Bruce Kelzenberg Bobby Williams arrived at 6:30 pm PLEDGE OF ALLEGIANCE New Perspective Senior Living Facility Abatement Proposal Clark stated at the last EDA meeting Ryan Novacyzk from New Perspective, presented a work-out proposal far the previous Comforts of Home senior project of 37t" and Hart Blvd. New Perspectives requested assistance from the City and if approved it would came in the form of tax abatement. Since that meeting: 1) New Perspectives has negotiated with the other parties involved in the transaction; and 2) staff had Ehlers review the proforma information based on the most current assumptions. In the attached letter from Ehlers and Associates they state that after review of the proforma, they determined although the requested amount of assistance was not warranted, but based on the forecast, which included tax expenses that were 50% below the developers worst case estimate, some form maybe needed to provide them some assurance they could meet required cash-on-cash returns for their equity investors. Ehlers recommended the City provide tax abatement assistance if needed on an annual basis as follows: 1) term of assistance would last for five years; 2) an annual analysis of need would be performed, which is the amount of aggregate taxes paid and should not exceed $81,000; 3) if it exceeds the $81,000, the City would abate its portion of incremental taxes generated from tl?e project, up to the maximum available; and 4) utilize the proposed assessed market value for the project as determined by Anoka County to complete the calculation of need for each year. Based upon discussions that Ehlers had with the County Assessor, the value of the project would likely be below the $81, 000. Ryan Novacyzk, New Perspective CFO, stated they are looking for some City assistance in case the county comes up with very large taxes. ' Hettinger stated he looked at the New Perspectives building in Waconia and felt the exterior was nice but didn't feel it was too impressive and he wanted to know if they would be adding the Montessori School to their plans. Novacyzk stated the building that Hettinger saw had exterior designed to fit into that neighborhood. In Columbia Heights the exterior design is going to be a little more presentable. Novacyzk also stated it is very important to have the memory care residents on the first floor and that is why fhey are using the previously planned school area for units. Nawrocki asked what would the taxable value of the units be. Novacyzk stated the assessor is looking at somewhere around $72, 000 to $76, 000. Motion by Diehm, second by Williams, to authorize staff to prepare an Amended Contract for Private Redevelopment with IVew Perspective based on the following provisions: (per Ehlers memo dated June 12, 2008 and as modified by the EDA). All 44 Economic Development Authority Special Meeting Minutes 3une lr, 2Q08 Page 2 of 3 ayes. Motion Carried, Clark stated staff would set up a special meeting before the City Council meeting the first meeting in Jiai}r to review the agree~~~ei. Resolution 2008-07, First Amendment to the Amended and Restated Contract for Private Redevelopment with Huset Park Development Corporation Clark stated at the last EDA meeting there was same general discussion regarding this project. The proposal from Mike Bjerkesett of NHHI, Inc. would consist of a 50-unit, income restricted, four-story senior complex as part of the Huset Park Redevelopment Project. Schafer Richardson is proposing to build a three-story, approximately 30-units, with underground parking stalls, which would be attached to the NHHI building. This amendment reflects the following changes: ') Under Section 9.9, the definition of Minimum Improvements would be modified to add 80 unifs of senior rental housing; 2) under Section 3.9 (d) would be modified to show $10, 000 per senior rental unit (as amended June 96, 2008}; 3) Section 4.3, Completion of Construction for Phase 1, the date would be changed to read: December 31, 2090; 4) Section 3.8(h) would be modified to read: Tax Increment Revenue Bonds, Series 2007 in the principal amount of $2, 890, 000 (the "Series 2007 Bonds'). The .last sentence would read: The net amount of the Series 2007 Bonds disbursed to Redeveloper will be counted toward the maximum aggregate principal amount of Initial Notes under Section 3.8(b), as such amount may otherwise be adjusted under the terms of this Agreement; and 5) Section 3.8(i) this is a correction item that goes back to Mayor June of 2007. This item has been sitting on the books for a long time and our attorney's stated as long as we are amending the contract we should correct this also. The EDA did two different notes: 9) issuing the general note of $6.5 million, which was the pay-as-you-ga note and 2) an actual tax exempf revenue bond that was issued in the amount of $2.9 million. Diehm asked if our attorney reviewed the document. Clark stated Steve Bubul did. Nawrocki asked what the original tax amount was and what it will be. Clark stated it was $896, 000 for this parcel and the new project would be $575, 000 over a period of 20 years, or a $240, 000 difference. Hettinger stated he would feel better if the taxable amounts would be locked in. Diehm stated she agreed with Hettinger. There should be a cap on the amount. Clark stated that is the amount of assistance we are willing to give and has already been established, and if fhe developer was of the opinion that additional qualified costs were merited, they could prepare this as a formal amendment request. Motion by Williams, second by Szurek, to waive the reading of Resolution 2008-07, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Williams, second by Szurek, to Adopt Resolution 2008-07, a First Amendment to the Amended and Restated Contract for Private Redevelopment; and furthermore, to authorize the President and Executive Director to enter into an 45 Economic(D/~epvelopment Authority Special Meeting Minutes June 16, ZliV6 Page 3 of 3 agreement far the same. Upon vote: Szurek-aye; Kelzenberg-aye; Williams-aye; Herringer-aye, Peterson-aye; Diehm-aye; abstain- Nawrocki. b ayes and one abstain. iv~otion Carriea. ADJOURNMENT President, Peterson, adjourned the meeting at 7:15 p.m. Respectfully submitted, Cheryl Bakken Community Development Secretary H:\EDAminu#es2008\6-16-2008 Special 46 ECONOMIC DEVELOPMENT AUTHORITY (EDAM SPECIAL MEETING MINUTES JULY 28, 2008 CALL TO ORDER/ROLL CALL President, Gary L. Peterson called the meeting to order at 6:17 p.m. Present: vary L. Peterson, Fsruce ivawrocki, uerry i-ierringer and csruce Keizenberg And Bobby Williams arrived at 6:22 pm Absent: Walt Fehst, Marlaine Szurek and Tammera Diehm PLEDGE OF ALLEGIANCE Resolution 2008-08, First Amendment to Contract for Private Redevelopment Scott Clark stated you have a new resolution in front of you in terms of what fhe title is. The Original document delivered with the packets stated the contract was with New Perspectives Fund LLC and that has been changed it fo the Lighthouse Acquisition Group, LLC. Todd Novacyzk is here from New Perspectives to answer any questions you may have. On May 28th the EDA heard a presentation from New Perspectives and their interest in taking over the Comforts of Home Project; which was in the process of going into foreclosure. New Perspectives was seeking assistance in the form of tax abatement. Staff was directed by the board to start negotiations with New Perspectives and Ehlers and Associates to provide you with a business point memorandum that you reviewed on June 16th. Essentially, what this abatement does is to provide an insurance ledge if taxes exceed a given indexed amount. If the amount of taxes exceeds a given number starting in the year 2011, which is inflated at 3 percent for five-years through 2015, the City would pay the difference from the target amount of aggregate taxes and whatever the new number is, up to the amount of dollars that the City retains. The reason for the First Amendment is explained under 3.7 (a) and (b). The aggregate tax index we are looking at is $80, 000, 2011. When we did the original pen`orma analysis; we were looking at taxes in 2011 in the amount of $65, 000 to $75, 000. The way the formula works is that the amount of City contribution, in terms of what we would pay above the aggregate taxes, is reduced from the can-ent property base tax. In rough numbers, for the year 2009 the City's base tax is around $1 D, 000. For an example: If aggregate taxes in the first year would go up to $90, 000, the abatement for that year would then be the $10, 000, ($80, 000 minus the $90, 000). The City's contribution pool would be $36, 000 (approximate amount of City taxes based on $90, 000 of taxes) minus our original $10,000. We view it is highly unlikely that we would see the amount go above the $10,000 per year. Over the five-years it is capped out at $150,000, which is spelled out in the City Council resolution. Nawrocki asked if the Lighthouse Acquisition Group, LLC Corporation has been formed. Todd Novaczyk stated it has been. Nawrocki asked what the City has paid out for demolition. Clark stated we paid approximately $126, 616. 47 Economic Development Authority Special Meeting Minutes June 1 V, 2J08 Page 2 of 4 Hettinger asked if they are purchasing this from Comforts of Home or the bank. Novaczyk stated it was Comforts of Home, which has started the foreclosure process. What they have done is fo go to all of the partners that have money invested in this • r _ 1' project and reached agreements with them. vsl has indemnified r'ar them that Ir one clr the partners doesn't sign the agreement they would cover those costs. Motion by Kelzenberg, second by Nawracki, to waive the reading of Resolution 2008- 08, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Kelzenberg, second by Nawrocki, to Adopt Resolution 2008-08, a Resolution Approving a First Amendment to Contract far Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, Minnesota and Lighthouse Acquisition Group, LLC; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Novaczyk stated they are working to get the Development Agreement ready for approval. Clark stated they are looking at providing it at the September meeting. RESOLUTION NU 2008-08 RESOLUTIONAPPROVINGA F/RSTAMENDMENT TO CONTRACT FOR PRI-~ATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOrY1IC DEVF.I,OPMENT AUTHORITY, THE CITY OF COLUMB/A HEIGHTS, MINNESOTA AND NEW PERSPECTIVE FUND IH, LLC BE IT RESOLVED By the Board ofCanmissioners (the "Board ") of the CahrmbiaHeights Economic Develvprnerat Authority (the "Authority ) as folloms: Section I. Recitals. L 01. The Aulhar•iry and Pratt Ordway, LLC dGa Pratt Ordir~ay Properties (the "Original Redeveloper') entered info a Contract for• Private Redevelopment dated as of NovemGer 28, 2006 (!he "Original Contract) providing for• r•edevelopmerv of certain property (as defined in the Original Cantrncl, the "Redevelopment Property) located in the Ciry ofColunrbia Heights, Minnesota (!he "City ). L 02. The Original Redeveloper assigned all of its rights and interests in the Original Conbact to Col:onGia Heights COH, LLC ("COH :order an asstgrvnent and assurrtption agreement, dated as of January 26, 2007. 1.03. Lighthouse Acquisition Group, LLC will purchase the Redevelopment Property and assign all of its rights and interests in lire Redevelopment Property and the Original CO1rtI'aCt to Nex~ Perspective Fund ill, LLC (the "Redeveloper'). 1.04. The Original Redeveloperfailed to complete corrsG•trction of n senior r•entallrousing facility (as defined in the Original Contract, the "f4flninrtrnr hrrpraveurenls) on floe Redevelopment Property and the Redeveloper has requested certain assistance fi•orn the City nr order to complete such inrprovenrents. 1.05. "L'he Original Contract is tieing rnnerrded (the "First Amerrdurent) to, among other items, include the City as a pnrty to the Original Contract, as well as !o provide for a property tax abatement to the Redeveloper. Section 2. Aulhoriir~ Avor•oval; Further Proceedirrns. 2.01. The First Amendment as presented to the Board is hereby in all respects appravec% snGjecl to modifications shat do trot alter the substance of the U•ansaction and That nr•e approved Gy the City and the President and Ezectrtive Director of the Autha•ity, provided that execution of f{te documents by such o~cials shall be conclusive evidence ofapproval. 2.02. The Pr•esidwrt and the Executive Director are hereby authorised to execute on behalf of fire Authority the First Aurendurent and arty doctrrrrerrls referenced therein, requiring execrdiwr Gy the Azrthority, and to carry out, on Gehnlf of the AuUror•ity, its obligations thereturdee Approved Gy the Bom•d of Commissioners of the Cohnnbia Heigh[s Econanric Development Authority dais 28th day of July, 2008. 48 Economic Development Authority Special Meeting Minutes .lane ib, 2448 Page 3 of 4 Resolution 2008-03 and 2008-10, 2003 Budget and Speeiat Benefit t_evy Clark stated each year the EDA has to approve both an EDA Levy and a Special Benefits Levy as part of the aver all Community Development Budget. Staff is proposing a budget total of $;i47, 567, which is raised by: 7) an EDA levy or" $80, 000, which is the same as 2008; and 2) a Special Benefit Levy authorized under fhe HRA .Statutes in fhe amaunt of $267, 561. The HRA levy is an increase of $71, 000 from 2008 and represents an increase in the new levy amount authorized by State Statutes, at 100%. Because of the new rules we are able to levy an additional $267, 561 for 2009. The reason, this increase is necessary is because the EDA's budgeted revenue is combined with the Community Development Departments' other revenue sources (permits and licensing) to make up the total department budget. The HRA increase is necessary to balance the overall departments' budget due to a projected $60, 000 to $70, 000 decrease in building permit fees that are projected in 2009. We have three major projects that permits will be coming into the department Phis fall: 1) the Public Safety building, which we are receiving no permit fees; 2) 47t" & Central-the commercial piece from the Nedegaard project; and 3) the New Perspectives project. Nawrocki stated if we approve this we would be making liars out of the Governor and the Legislature, which pertains to trying to keep property taxes under some kind of control and doing.it with the levy limits. This is outside the levy limits, but for the property owner this creates a tax increase. We need to find ways to reduce expenditures, nat concentrate on increasing taxes. 1 could not support the increase in the HRA Levy. We should not pass the budget until we see fhe entire Citys' budget. Herringer stated he was looking at the income side of it, and asked what is the $30, 000 for. Clark stated that is revenue that would come Pram the RIBS program. We would have an expenditure of $20,000, so we are budgeting $10,000 to run that program. Peterson asked when the next regular meeting would be. Clark stated it would be on Rugust 26, 2008. Peterson asked for a motion to table this item until fhe August meeting when the rest of the EDA board members would be present. Motion by Williams, second by Herringer, to table this item until the August 26, 2008 regularly scheduled EDA meeting. All ayes. Motion Carried. Verbal Status of 47t" & Central Clark stated staff has received a draft of the development agreement as of today. Essentially fhere is going to be some pretty complicated pieces to this. With the Nedegaard agreement there is a section in that, which states the City will negotiate in good faith for tax increment for the commercial piece. We are hoping fo get something to you on August 11t". Khoyratty has the actual building plans in for review by the Planning Commission at their meeting next week. The sewer expansion that needs to be built on Central Avenue is out for bids, but hasn't been given to Kevin Hansen yet. We will have to approve the Development Agreement with Khoratty for the commercial piece. But there will also need to be some policy discussions on the housing piece, because on phases two and three there aren't going to be built until after the TIF note is actually over with due to the current market. 49 Economic Development Authority Special Meeting Minutes ,~UPle 1 ~, ?~Q~ Page 4 of 4 Establishing Next Meeting Date of August 11, 2008 Clark stated he would like to request a special EDA meeting on Monday, August 11, 1UU2f,,at fi:15 pm, as stair'would ~e ready tc~ ~ririg ti,e develvp~i~ei~t agrec~i~ent vr~~th & Central to the board. Motion by Herringer, second by Williams, to hold a Special EDA meeting on Monday, August 11, 2008 at 6:15 pm in Conference Roam 1 to discuss the 47t" & Central Development Agreement. A!I ayes. Motion Carried. ADJOURNMENT President, Peterson, adjourned the meeting at 6:58 p.m. Respect?fu~lly~submitted, Cheryl Bakken Community Development Secretary H:\EDAminutes200817-28-2008 Special 50 ECONOMIC DEVELOPMENT AUTHORITY (EDAM SPECIAL MEETING MINUTES August 11, 2aos CALL TO ORDER/ROLL CALL President, Gary L. Peterson called the meeting to order at 6:15 p.m. Present: Gary I_. Peterson, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek, Gerry Herringer and Bruce Kelzenberg Bobby Williams arrived at 6:45 pm Staff: Scott Clark, Walter R. Fehst, and Cher Bakken PLEDGE OF ALLEGIANCE BUSINESS ITEMS 47t" & Central Redevelopment Agreement for Retail and Office Construction Scott Clark stated he has been working on the Grand Central Commons project for the past six or seven months. This project is 51, 000 sq. ft.; half retail and half office. The developer is moving along on the project. It has been approved on The Planning Commission level. The building plans have already been submitted to us. The developer has also done all of the bid work as far as the sanitary sewer work is concerned. The last part of this is to come up with a Development Agreement. It is our understanding that he would like to start construction sometime in September. What is important tonight is to talk about some general policy issues that need to be agreed upon. Clark went over the history of the projecf. !n 2003 the original agreement was in place with Bruce Nedegaard for Grand Central Lofts, which included 218 units of housing to be done in three different phases and a minimum of 10, 000 sq. ft of commercial property. Another piece, which is no longer vadid, was a first option agreement given to Nedegaard for the commercial piece, essentially for where Buffalo Wild Wings is to the north. Parts of this agreement stated: 1) $700,000 of T1F funding to the developer would not be released until all of the various phases and the commercial piece was completed. The other obligation was a sewer expansion on Central Avenue. The agreement said that phase one could happen plus, 10 Townhouses, but before phase two, three and the commercial could be built, there was to be sanitary sewer expansion on Central. Between 2003 and today there have been three different amendments. Amendment one and two were regarding roadway easements, which the City had to formally step in and do a condemnation in order to make that happen. The third amendment moved the developer of The commercial property from New Heights LLC to Grand Central Properties, The issue that has come up between the housing and commercial developer was who is going to pay for the sewer expansion. The new agreement in front of the EDA states we allow the housing developer would divide the $700, 000 in TlF funding. The T1F note befween the two developers would be divided and the commercial developer would be responsible for the sewer expansion. We would also recommend the obligation be removed so that it wouldn't state That Phases 51 Economic Development Authority Special Meeting Minutes August 1 i, 204 Page 2 of 3 11 and 111 wauld have to be finished before the TIF funding was released. Therefore, the Fourth Amendment to Contract for Private Redevelopment changes would be: 1) releasing $700, 000 TIF far housing development without completiog the remaining housing phases; 2) the $700,OOv would be divided between the housing grid the commercial developer, with the latter using the proceeds to pay for the construction costs for the sewer expansion; 3) modifies fhe time line for the housing developers; 4) establishes the sanitary sewer obligations to the commercial developer and creating a new letter of credit; and 5) establishes a good faith effort for future housing phases. The Contract for Private Redevelopment between the EDA and Grand Central Commons, LLC has some key provisions. They are: 1) establishing the TIF amount, which is anticipated to be $450, 000; 2) establishes atook-back provision; 3) memorializes the Met Council Grant of $974, 369 and the process of reimbursement for the ramp expenditures; 4) payment of administrative costs; 5) creates a completion of improvement date of December 31, 2009; and 6) establishes a minimum assessment agreement. Staff did check with Met Council to verify the funding could be used for the ramp, if the ramp would be privately owned. Nawrocki asked how much TIF has been generated from the project up to today. Clark stated at the August 26th meeting we would have the information available to the board. Hettinger stated in one of the agreements it said the housing condominiums should be owner occupied. Nawrocki stated when the Industrial Park project started, he brought up the question could we require no rentals. Diehm stated her understanding was that we asked the developer and they voluntarily agreed to put a rental cap an the project. But we had no legal way to force them to keep it. Then they followed a certain procedure and got votes from a number of people, that they were allowed to change that. All the association has to do is change their own rules. Staff is to look into how rentals are being handled on the condominium project. Szurek stated her fear is if they build another residential building, what is there to stop them from becoming rental. Is Met Council planning on using same of the parking for a "Park and Ride"? Clark stated no, when you look at the size of the parking and the size of the buildings, there isn't enough capacity. In fhe beginning Met Council told staff that the City would have had to be owners of the ramp and what they are saying now is that this could be used privately. Diehm asked what is the time line to obtaining the grant funding and what would happen if they don't finish it in time. Clark stated the deadline is the end of the year and we need to verify with Met Counci! the need for extensions. Diehm stated she was uncomfortable with the language in the draft agreement where it just says they'll use "best efforts': I would prefer having deadlines. We understand we have to be flexible, that we may have to revisit it with another amendment, but at least we have something to hold onto. We need to say if by May 1, 2010, fhis isn't done, you are going to fall into default under this agreement. Clark asked what would she like the 52 lcanomic Development Authority Special Meeting Minutes August 1.1, 2008 Page 3 of 3 deadlines to be. Diehm stated we would have to talk to the developer about what is realistico Diehm asked if the sewer expansion wau/d be done prior eo the currrriierciai pr"oject. Clark stated we would not release the commercial permit until the contract has been finalized for the sewer expansion. So both the sewer expansion and the commercial piece would be built at the same time. Diehm stated she would like to see that in writing in the contract. Clark stated there is another option, we could give more TIF money to Khoratty to build the sanitary sewer expansion and basically say to Kloeber that we aren't going to release the money until the time that phases two and three are done per the contract. Szurek stated we have na dates, which erases the dates in the original agreement. We should hold Kloeber to the original agreement. We need to put it into writing: 7) that he will cornplefe what he started; or 2) l really can't finish this, but l will finish off the property and make it look nice. Fehst stated we still want him to pay half of the sewer. Diehm asked what the TIF on the housing has to do with the commercial. Clark stated the housing developer is giving half to the commercial developer. Diehm stated the language says we are releasing you from our original agreement and we are giving you the money for the sewer expansion. Clark stated we are trying to figure out how we are going to split the TIF between the housing and commercial developers and we are suggesting creating two notes. Nawrocki asked when would the additional $450, 000 come up. Clark stated that would come up as apay-as-you-go note. Clark stated, just to clarify the FDA boards intent, that they don't want io release the housing obligation, but would consider.' 1) Some other dates or form to the obligation; and 2) The need to clear the site. Board members agreed. ADJOt1RNMENT President, Peterson, adjourned the meeting at 7:09 p.m. Respectfully submitted, ~~ ~~~ Cheryl Bakken Community Development Secretary H:\EDAminutes2008\8-11-2008 Special 53 PLANNING AND ZONING COMMISSION NIINiJTES OF THE REGULAR MEETING SEPTEMBER 3, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Mariaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek. Absent: Fiorendino Also present were Jeff Sargent (City Planner), Clary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting ofAugust 6, 2008. All aver. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0901 This case was withdrawn. CASE NUMBER: 2008-0902 APPLICANT: New Perspectives LOCATION: 3801 Hart BLvd REQUEST: Variance, CUP, and Site Plan Approval INTRODUCTION New Perspectives is a senior living provider that specializes in providing assistance to seniors with medical disabilities and memory loss. New Perspective Senior Living operate 10 facilities in the Midwest and combines a vast background of experiences and resources aver the course of two decades into an innovative and practical approach to vibrant senior based communities. Representatives from New Perspectives approached city staff with a proposal to complete the Comforts of Home project located at 3801 Hart Boulevard. With the Comforts of Home project struggling financially, the construction on the project has stopped completely, with the underground parking area, foundation and elevator shaft currently built, Without the proposal from New Perspectives, the remainder of the project would unlikely be constructed, The proposal from New Perspectives includes completing the construction of the project, as well as taking over all management responsibilities once the building is complete. As part of the proposed takeover, New Perspectives would. also like to add 24 more units than the original Comforts of Home project proposed. These units would be located on the same building footprint as the proposed Montessori School, with the Montessori School not being a part of the proposed plan. At this time, New Perspectives is requesting three (3) approvals in association with the construction of a senior assisted living facility. They are as follows: 54 Planning & Zoning Commission Minutes Page 2 September 3, 2008 1. A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i}. 2. A Site Plan Approval. 3. A 19-foot front yard parking setback in the R-3 District per Cade Section 9.109 (C}. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides the Comforts of Home parcel as Medium Density Residential, which is consistent with the proposed zoning of the land and the proposed use of the land as a senior assisted living facility. Zoning Ordinance The property at 3801. Hart Blvd. is zone R-3, Multiple Family Residential, as are the properties to the north. The properties to the east and south are zoned GB, General Business, and Hart Lake is located to the west. As stated previously, New Perspectives is taking over the Comforts of Home Project, and will be expanding on the previously approved nwnber of units. The City Council approved the Comforts of Home project with 52 assisted living units, and New Perspectives is proposing to construct a total of 76 units. The Montessori School, which was approved via the Comforts of Home project, will no longer be a part of the plan, as the additional 24 units will occupy the space that the Montessori School would have taken up. The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land area for every one (1} unit for a congregate living facility. The proposed assisted living facility will have 76 units, requiring a minimum of 30,400 square feet of land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. CONDITIONAL USE PERMIT. The zoning ordinance at Section 9.109 (G)(3}(i} requires a Conditional Use Permit (CUP) for any type of senior living facility in the R-3, Multiple-Family Residential District. The Comprehensive Plan indicates that by the year 2010, an estimated 25.7% of Columbia Heights' population will be 55 years of age or older. A housing goal as listed in the Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the community. The proposed CUP would help supply senior housing and provide the life-cycle housing opportunities needed in Columbia Heights. Although a CUP was approved. for the Comforts of Home project, a new CUP is required for New Perspectives because of the additional 24 units added to the site. VARIANCE. New Perspectives is requesting a 19-foot front yard setback variance at this time. As a function of the location of the building and a large storm water holding pond on site, the applicant's only alternative for the location of some of the parking stalls was a location 11 feet from. the front property line. The proposed variance would enable the applicant to have good traffic flow throughout the site and would help facilitate a pedestrian link to a future pedestrian trail along the west side of Hart Boulevard. It should be noted that this variance was approved for the original Comforts of Hame project. New Perspectives is required to re-apply and receive approval for the requested variance because one year has elapsed from the date the City Council approved the variance, and no construction has been completed for on-site parking. 55 Planning & Zoning Commission Minutes Page 3 September 3, 2008 Site Plan PARKING. The City Code requires a minimum of 1 parking space for every 2 units in an assisted living facility. The proposed New Perspectives building will have 76 units, requiring 38 parking stalls. The parking breakdown is as follows: The proposed plans indicate that there will be 32 underground parking stalls servicing the New Perspectives building, and an additional 44 parking stalls at grade level for a total of 76 parking stalls on site. Being that the development is only required to have 38 parking stalls, the project will be adequately, parked. LANDSCAPING. The City's landscaping requirements require a minimum of one tree for every 30 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape patterns in the area. The landscaping code also requires parking areas to have a minimum of 100 square feet of landscape area and 1 over-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of frontage along Hart Boulevard, requiring 12 trees planted in the front yard area. The proposed plan indicates that there will be 20 trees planted within the front yard of the property. There are also 44 above-ground parking stalls located on the property, requiring at least 2 over-story trees to be planted in the parking area. The proposed landscape plan indicates that there will be 12 over-story trees planted in the parking lot area. It should be noted that the proposed landscape plan is the same that was approved for the Comforts of Home project, with no changes made. UTILITIES AND STORMWATER MANAGEMENT. All utility and stormwater management plans have been reviewed by the City Engineer and approved for the Comforts of Home project. New Perspectives will not alter the plans as approved, and. will continue with the construction of these elements as initiated by Comforts of Home. No changes are proposed from the originally approved plans. FINDINGS OF FACT C~aaeliti~nal lrTs~ P~a~mit Section 3.104 (H) of the Columbia Heights zoning code requires that the City Council make each of the following 3 findings before approving a Conditional Use Permit: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A senior assisted living facilih~ is specifically listed as a conditional use in the R-3, Multiple Fancily Residential District. 2. The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential housing. The use of a senior assisted living, 76-unit building is in harmony with this class cation. 3. The use will not impose hazards or disturbing influences on neighboring properties. The pc°oposed use will not impose hazac°ds or disturbing influences on neighboring properties. An assisted living facility is tranquil in nature and the building itself will upgrade tics current use of the land and complement the sacrrounding areas 56 Planning & Zoning Commission Minutes Page 4 September 3, 2008 4. The use will not substantially diminish the use of the property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished in any way with the proposed use of the land as a senios° assisted living, facility. 5, The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use ~i~ill be designed, constructed and operated by ltrew Perspectives. As a compares, New Perspectives ensures that their facilities are operated in a manner consistent with all state and local laws. The subject parcel and surrounding area are intended for redevelopment purposes. The proposed use would be compatible with the intended character of the area for this reason. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The existing use of the property is the abandoned Apache Theatre, which was adequately served by public facilities and services. The proposed use of the land will tie into the existing facilities on site to adequately serve the building. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and. to provide for appropriate on-site circulation of traffic. Assisted living facilities generally do not generate an excess amozmt of traffic on the surrounding public streets. The proposed project would generate an additional 146 trips per day on average, and would increase the traffic volume by 6.5 vehicles per hour on average during the peak evening peak rush hozar. Kevin Hansen, City Engineer, has reviewed the proposed plans and has indicated that the increase in traffic wozdd be minimal and that the local and regional road networks would be able to accommodate the increase in traffic. The on site circulation of traffic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to bettef- help the circulation. 8. The use will not cause a negative cumulative effect, when considered in conjunction. with the cumulative effect of other uses in the immediate vicinity. The proposed use will cause a positive cumulative effect on other uses in the immediate vicinity. This area was one of the areas that the City Council wanted redeveloped. The proposed plan will get rid of an abandoned, unused theater and will replace it wath a senior housing use needed throughout the Ttivin Cities metro area. 9. The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations foT^ the disir-ict in which is it located. Site Plan Section 9.1.04 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: 57 Planning & Zoning Commission Minutes Page 5 September ~, 2008 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building setback. The pc°oposed site plan will require a 19 foot frant yard setback variance for hard surface parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The Ciry's Comprehensive Plan guides this area for Medium Density Residential. The proposed use of the land for senior assisted living is consistent with the provisions of the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. There are no area plans, for the project site. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. The properties most affected by the proposed site plan are those properties to the east and north of the subject parcel. The applicant has placed the building in such a manner as to screen the remainder of the property,from the east and the north. The parking setback variance requirement is along the western property line, in a location that does not pose adverse impacts to the surrounding properties. Variance Section 9.104 (G) of the Columbia Heights zoning code requires that the City Council make each of the following 5 findings before approving a variance. The following findings of fact pertain. to the 19-foot front yard setback variance for hard surface parking: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The parking lot setback ~a~as placed 11, feet from the fi°orzt property line in order to promote better traffic jlow throughout the project, and ivozcld still provide for adequate green space betn~een the parking and the street curb. The orientation and placement of the building would make it d ffzcult to locate the proposed parking in an alternate location. 2. The conditions upon which the variance is base are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The pc°opec°ty has more frontage along Hart Boulevard than is has depth. Because of the configuration of the property, it makes it difficult to place the required storm water retention pond and associated features, the building, and the parking lot without encroaching on the property lines. The 19 foot front yard setback variance ,for hard surface parking is required because of the orientation of the building on the proper°ty. The orientation of the parcel is unique to this speck parcel. 58 Planning & Zoning Commission Minutes Page 6 September 3, 2008 3. The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The R-3 District has strict guidelines as they pertain to bath building and parking lot setbacks. The strict guidelines force the building and parking lot areas to be confined to a specific area on the parcel. The City's R--l District, which allows for a higher density use, has more lenient setback requirements ,for the building placement. The provisions of the article cause the d~culty in piaCTiig file i"ecluzT"ed EieiZ2ents oiZ file pi'tipeT'ty wTthozft needzTZg varlaiZCes to do so. 4. The granting of the variance is in harmony with the general purpose and. intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential, which is consistent with the proposed use of the land as a senior assisted living facility. The variance is needed for accessory uses to the principal use of the land, so granting the variance would also be in harmony with the general purpose and intent of the comprehensive plan. S. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the 19 foot front yard setback variance for hard surface parking would not be materially detrimental or injzrriozzs to the public because the location of the parking lot is adjacent to the Hart Bozzlevard right-of--way. Across the street is Hart Lake, so neighboring properties are not affected. CONCLiTSI®N The Apache Theatre site is an area that the City Council called out as one of the major redevelopment focus sites in the City. The proposed use of the land required a Comprehensive Plan Amendment, a Rezoning, a new plat, a Conditional Use Permit, a Site Plan approval and a variance, and is consistent with the type of use that would be beneficial to the city. New Perspectives is willing to overtake the previously approved Comforts of Home project in an effort to ensure that the senior assisted living facility is constructed. Questions from members: Thompson stated that the new plan with additional units takes care of the concern the commission had with the original plan of locating a Montessori School near the Liquor Store. He thinks this is a better plan, as this type of facility is greatly needed. Schmitt questioned who would. be responsible for the maintenance of the ponding areas. Sargent explained there is a joint powers agreement between the City and whoever owns the parcel that the assisted living facility sits on to be jointly responsible for costs and maintenance of those areas. Schmitt asked to have the Bio-Fitter system explained in greater detail. Sargent stated it is similar to a rain garden and is part of the storm water management system proposed for the site to meet the requirements. 59 Planning & Zoning Commission Minutes Page ? September 3, 2008 Schmitt then asked about the Shoreline District Ordinance and whether the site would. be affected by the new requirements. Sargent stated he didn't think the new ordinance requirements would pertain since the square footage of the building is not being increased. He felt the original plan would be grandfathered in. She then asked why that would be grandfathered in, and not the variance. He explained that there is a one- yeartimeline on variance approvals and that the City Attorney had advised it be re-approved by the Commission and City Council. Szurek thought it would be a nice facility for our city. She is anxious to see the projected. completed. Todd Novaczyk from New Perspectives and Brett Thompson from VSI Construction were present to answer questions. Novaczyk stated additional memory care units are being added due to the lack of available units in the northern metro area. His research indicated that there are only 62 units now available in the surrounding area for those affected with memory loss, and there is a long waiting list to get someone into a facility for this type of care. The additional units will be added by making some slight modifications to the layout of the original plan and by utilizing the space where the Montessori School was proposed to be located, so they will not be increasing the footprint of the building. Novaczyk and Thompson said they hope to begin construction this fall and have the project completed. by the summer of 2009. They have already received a commitment letter from their lender so everything should move quickly. 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 rRecornmends the City Council approve the Conditional Use Permit to allow a senior assisted living facility in the R-3, Multiple Family Residential District per Code .Section 9.109 (G)(3), based on the following conditions of approval that have been found to be necessary to protect the public interest crnd ensure compliance with the provisions of the Zoning and Development Ordinance, including.• 1. All required state crnd local codes will be rnet and in full compliance. 2. All application materials, mops, drawings and descriptive information submitted with this application shall become part of the permit. All aver. MOTION PASSED. The following Resolution will go to the City Council September 8, 2008. 60 Planning & Zoning Commission Minutes Page 8 September 3, 2008 RESOLUTION N0.200~-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR iv~.W PERSPECTiv~S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: X801 Hart Boulevard LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and SerViC2S. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall 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. CONDITIONS ATTACHED: ]. All required state and local codes will be met and in full compliance. 2. Ali application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Passed this ~ day of September, 2008 61 Planning & Zoning Commission Minutes Page 9 September 3, 2008 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the 19 foot front yard setback variance for hard surface parking per Code Section 9.109 (C). All ayes. MOTION PASSED. The following Resolution will go to the Council September 8, 2008. RESOLUTION NO~ 2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR NEW PERSPECTIVES SENIOR LIVING WHEREAS, a proposal (Case # 2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, u1 the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit,~ of Columbia Heights that the Ci±y Council accepts and. adopts the following findings of the Planning Commission: I . Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5, The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this _ day of September, 2008 62 Planning 8c Zoning Commission Minutes Page 10 September 3, 2008 Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ17, there being czrnple copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, to adopt Resolution No. 2008-PZ17, being a resolution approving a site plan for the construction of a new senior living, facility located at 3801 Hart Boulevard. All ayes. MOTION PASSED. RESOLUTION N0.2008-PZl'7 RESOLUTION OF THE PLANNING AND ZONING COl0~Il0'IISSIOll1 APPR®YIltTG A SITE PLAN FOR THE CONSTRUCTION OF A NEW SENIOR LIVING FACILITY AT 3801 HART BOULEVARD WITHIN THE CITY OF COLUMBIA HEIGHTS, D'IINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new senior living facility at 3801 Hart Boulevard. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on Sept 3, 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 TT 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: l . The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. s. 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 TT 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 3`d day of September 2008, Offered by: Seconded by: Roll Call: CHAIR. Marlaine Szurek .~ ttest: SECRETARY, Shelley Hanson 63 Planning & Zoning Commission Minutes Page 11 September 3, 2008 r"~p~iuvai is coniin~er-t upon execuiion and return of ibis document to the Ciry Planning c`7ffice. 1 have read and agree to the conditions of this resolution as outlined above. Todd Novaczyk Date OTHER BUSINESS None Motion by Schmitt, seconded by Peterson to adjourn the meeting at 7:30 p.m. Respectfully submitted, Shelley Hanson Secretary 64 CITY COUNCIL LETTER Meeting of 8entember 8.2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ,~ I'TFM~ 'i'ranef~rnfF~rnri.c frnm (wenergl F~nri t~ Police Bv: ~Cott?`~ad~3u C RV: r 1, NO. Dept Budget to Reimburse Overtime Fund r DATE September 2, 200$ , r, DATL~:"°'~ :...~-~-~ BACKGROUND During the final quarter of 2007 and the first two quarters of 2008, the Columbia Heights Police Department has transported 69 detox patients to detox centers outside of Anoka County. As part of the agreement that led to the closing of the Anoka County Detox Center, the County agreed to reimburse each Police Department $30 per patient transported in 2008. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received three checks from Anoka County; one for $660 received on February 11, 2008 for the final quarter of 2007; one far $660 received on May 21, 2008 for the first quarter in 2008; and one for $810 received on August 12, 2008 for the second quarter in 2008. This money is considered revenue and it was placed in the City General Fund. ANALYSISICONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $2130 received from Anoka County fox Detox Transport reimbursement be placed in the 2008 Police Department Budget Line 1020 ®vertime. RECOPrIMENI3ED lai0'Y'It3N Move to transfer $2130 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. kao COUNCIZ, ACT10N: 65 GHEGK N0. B 921.41 C3 :: CtJUNTY OF .~NOKA ;,;, r. . , , . .. 7s-za2 DATE 8/t1812008 s. „, .. 210U THIRD AVENUE . spa ~;~ .ANOI~A:, ~''tNNESOTA 55303 . - ~ '. THIS CHECK IS VOID 3 MONTHS FROM DATE {}I= ISSUE ANOKA ~ - . _ .. V= 77617 ANOKA COUNTY-CHSS. REMITTANCE ADVICE DATE 8/48/2008 .vl+ : .......;•-:.:o-r~;c~::;ici•r+so-x>:::~:r•,.....:h...:.v. o;; i•~.::;?;i:Scsisv i4~tz:: ~iidi•F:':•:>r> .,............. . .......... .. s.......... .. ...:.:..,•.,.. ;..: aa..•s; ....,.•...,..., u. ,.ay.~.f. .. :•: ;;y: iy;1:` :Sig; ...... y. .• , • ;~•. v:+/~?f ..i ~ n^ir,}} J.t:<:.• ~~i4:::{ti::~?~:+ ":'s},M1n:. ...{:}, •:4'~l:I~y}+.~~/yr~µi>{K~7VS;G.%?v .r }::%ii .j'~ 13E ...I•.,. ':`i~..n. 'li ~ i~/:.~, ..iY :4: :i:'Y+:`i: •'-i ~'?4i"t^•• Sf 'Q ~............}rr~:.. :•i•rh. s... F'+•., .r.:{ <i:::~~i :v::+r:,..:i•:.:{...;.:::r ....env ii:•:i v,. ..;,• i ;~~~yy~' ., ~.- ±C,., ..M. ~.... 2..:..lh,. »t:. .,/.•:i.: :r/...n.,....... 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CHECK NO. B 921410 360.00 210.00 240.04 810.00 " ~',,~ 1 ~~~~~ ~~~` ,~ 7 07414W 66 n^q 1E9?6~~° x.09 10000 2 2t: 1 38 58 3 20 180 911' V= 17617 ANOKA COUNTY-CHSS REMITTANCE ADVICE DATE 5120/2008 CHECK NO. B 916976 •f•}, ~,... }•y+. ., .. .. ..?.4. , Fi, , .:, v .r ..:. ... : 43. ,. r.. , ...F F M F..... .:.n3:•F"'.v,:.: aN . ~ •e :r>., \ r. V; ...Y'Y i, +;:F ,F •.<¢: i ~4••;ti.Q{,,, ....w..L1w.....v},:,,.<.H..y....y).,..,.,}r..~.~f~..>,.r.S;,.F..:.<~r<r...<}......:,~~cf:<•y}. .s;:-:+.r.. <.,..,'re.::. .. :,,....,.r:d:r.?fslk•$~,:v ", :'u'.,i2F~Y,•Yr; ;:},::^y :•:!XYF~':~,t;g,~i.'Y~,.,F~c .n y.f'.•f,F,,",~%j~~:,r2j;'ti.., J'n,%}{C<;'.,f'`'g't`.'s C `fY' ,,'~£:''~,F'>:^: ~ ~~ yY,. .fip~', i,T..r.., ,~.,w`,F~ ~.Y ~•;>;•<arr.:~. ;;.Csrack',+";~~``:''.~.~•'~ r, rYr :{;.,,.y , Gi~•< r~' '~`x.,+w,M1 a.:... yq ~y is,~~~,<~( ~j~~ ••ti'~.e~•?i,•<: •t. .,r+~~.'.~''3}F £. 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Y r 5,. ,st4,.,//4F l~~+,~ ,•+h /3 jt,F ,r :Y ; ,.;Srv/fi9ks~~~,',,c.~~F~54'. .4S::ufz:; lnt,t~5<`'F' y ;~ift,,,t: 7'. ,;<¢,f•`4.W<~ti4~<)':i:~S?F•.: yFy.;~4' ~+ .;•}{hr.•~:Y}a6'~jn^a~i~<I:'~.{•ilf~<•ir:Y.•:''ti3+2G~~'W{.~r ~y~Y.r ,,~~pf, 'ri=%.f,, vv};f• v'. •{: :eK~ F .LrS.',•:~~~}k, {YfPF:M ~::7 L: .+,r,..•7, ro.4:{.~.:.,. } ~j~,;.w.3 :r ~y*~;%~,~<, .4.x a.s,<•. ,n,7<% ,s..,,}y.:.;.;.., r.~*C{y.[y •~41~._~.y~l.•fiT}:.. a~s~3.`w''f2:,3' ~<•;.:::rri. :,,4~<., ~ 5, r..:,1.. < :4?:::;;,',h,;~.;.~ysY<c^:.):•XQ'FM,Yw^~.^.,t~.,,:..,,:,<~`Cl'J3.~c:.,arats,..F,.~."lx.:..:g~:,..•,:.•~!.•:v::.~+.?.;{.,~i::~vry:!S:.G/{ n~~~<.•~'`•.'•i:::•S .j~:, tv ,n~• iav ,w.~'a~. ~:yi:•r,~,>r4 r.;•;~r :~a qi.::~•.s. n~-~8.3.~.3:•r~ r.<~.1...^..: ' X~Gi•F •4•v^:Y:•i :;iF/. 09845600 4/28/2008 DETOX TRANSPORTATION 1/01/2008- 1/30/2008 270.00 09845600 4/28/2008 - I3ETOX TRANSPORTATION 2/01/2008- 2/29/2008 240.00 09845600 4/28/2008 DETOX TRANSPORTATION 3/03/2008- 3/29/2008 150.00 *** TOTA.L 660.00 CIl'Y CAF COLUFtE1IA HEIGHTS 5 ~0-40TH AIlE ~!E CQLUHAIA HEIGHTS, HII 55451 ?H 82 ~?EG# 91 ~lF~~ 1 051c~1;~'99$ ~1~^11500~ 15a33ci6 .sc keve~ue ~CCQUtdT#: 101.90.3401 FIf~AHCE Receipptl;: 12537& AETDX TkAMSAQRTA T ItIH F~AYGRo CQUhlTY DF AP16KA A~fT; 560.09 endet~ed CHECK: X16976 666.00 HAhIGEr : . 09 (QTAi.. 666.09 -- THANK YCtI# -- HAUE ANICE DAYa ~~~ eJ ~d'~3~?ar`~~v~~;ci+f`..4 i k't,- ~ v~r'°~1~ 07414W 0 67 ~j`~)' ~~^9 ~o ~ ~ ~~~' ~.oq ~oooo ~ ~~: i 38 58 3 20 1809~~' V= 17617 ANOKA COUNTY-CHSS REMITTANCE ADVICE oa976~ao 1/16/2aos BETOX TRAi~tSP0E2TATION 08976400 1/16/2008 DETOX TRANSPOR.TATIOI3 0897600 1/16/2008 LIETOX TRANSP012TATION l~ ~##F###3F~HFIFDF~f~FIE#~#~F~iE#~F3f#~E~HkiF~F#dE3E#~F### CITY OF COLil1#SIA HEIGHTS 598-49TH AVE HE CAI.lINBIA HEIGHTS, HH 55421 t# 36 kEGA 92 DR# 1 82/12!2999 JiC/E888 (9:34.17 sc Revenue CCGU#TII: 191.98.34282 FIHAItCE ReceipptA: 124855 DETOY TRANSWIRT pAYOR: GGIIHTY OF AIiGKA endered AtfT: 669.99 pIECK: 919532 669.99 NIl1N^$G{E: .~9}gg ~~}•"°s 669a R7B - THANIt YtD! HAVE A NICE DAY! tees*~*eee~eeeeeeeeee*~eee DATE 2/08/2008 10/07/2007-10/28/2007 11/04/2007-11/2o/2aa7 12/01/2007-12/30/2007 *** TOTAL .c~~~~`~~'1 ~~ 68 CHECK NO. B 910532 210.00 180.00 270.00 660.00 4,.'` err` M * .. A ~:... r,.°~, g ., .. ~~... .- , #os-21os MEMORANDUM OF UNDERSTANDING This memorandum of understanding entered into between Anoka County and the undersigned law enforcement agency: RECITALS: 1. Anoka County acting through its Community Social Services and Mental ,Health Department („Department") has allocated funding in its budget to partially reimburse the cast of transportation of intoxicated persons to local detoxification programs. 2. Detoxification transportation funds are available for services provided from January 1, 2008 through December 31, 2008. 3. The purpose of this agreement is to provide this limited funding to each of the Anoka County law enforcement agencies for provision of transportation of intoxicated persons in Anoka County to detoxification programs. IT IS HEREBY UNDERSTOOD: 1. The undersigned law enforcement agency may receive $30.00 per transport as partial funding far transportation of intoxicated persons in Anoka County to a detoxification program during the period 7anuary 1, 2008 through December 31, 2008. 2. Payments may be made to the undersigned l.aw enforcement agency upon signature of this memorandum by the County and the undersigned law enforcement agency. 3 The undersigned law enforcement agency may submit invoices monthly, or at least quarterly, an an approved form. ANOKA COTJNTY HUMAN SERVICES By: erry Sam , ivision Manager Dated: Z ~(~~ / G LAW ENFORCEMENT AGENCY Agency: ColumbiaHeigkstsPoliceDepar~.Went By: 6;~=~»- ~Z Dated: ~ ~~ 69 CITY COUNCIL LETTER Meetin of: 9102/08 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT' CITY MANAGER NO: PUBLIC WORKS '~ °`` ITEM: RESOLUTION 2008-1.81 ACCEPTING BIDS BY: h. Hansen BY: ~!`~: AND AWARDING CONTRACT FOR UNIVERSITY DATE: 8/21/08 DATE: ~~a ``~" AVENUE SERVICE DRIVE Background: A Public Improvement Hearing for the 2008 Street Reconstruction of University Avenue Service Drive was held on April 7, 2008. The City Council ordered improvements for Full Street Reconstruction on University Avenue Service Drive from 40`h Avenue to 45`h 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`'', 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 Altemates 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 cone-foot wide concrete maintenance strip under the new chain link fence from 40`h to 45`'' 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~' 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: Base Bid Street Construction Funds Cooperative Agreement: $ 550,000. Assessments: $ 79,400. Infrastructure Fund $ 71,773. System State-Aid: $ 206,675. Alt.l Alt.2 Alt.3 $4,962 $14,95 8 Utility Const~~uction Funds Water Construction Fund: $ 29,705. Storm Sewer Fund: $ 88,000. Recommended Motion: Move to waive the reading of Resolution No. 2008-1.81, 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 l for unit priced residential driveway construction, and Alternate 2 far 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: RESOLUTION NO. 2008-~8~ RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE UNIVERSITY SERVICE DRIVE, CITY PROJECT NO. 0602, 0802, AND 0808 TO WEST ASPHALT CORPORATION WH>/ltl/AS, 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 AIt 1 Alt 2 2 Midwest Asphalt Corp. $937,401.84 $4,961.90 $14,958.00 $952,359.84 Thomas and Sons Construction, hoc. $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 TT 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, forth~a~ith, to all bidders, the deposits made «~ith 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: Attest: Mayor Gary L. Peterson Patricia Muscovitz CMC City Clerk 71 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 Yeas 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 IL'f idwest Asphalt Corp. $937,401.84 $4,96 i .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,]29.00 $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 $18,01.1.00 $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 * * * * 72 CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS of: ITEM: APPROVAL OF THE DEVELOPMENT I BY: K. Hansen CON 1 RAC 1 FOR GRAND CEiv T xAL COMMONS I I)A1'E: 9/3/08 CITY MANAGER ~,,_ BY: "~/ / llA'I"E: Background: On June 3`d, 2008, the Developer appeared before the Planning Commission for review of the site plan and conditional use permit {CUP) for a parking ramp fora 55,000 square feet retail and commercial development at the NE corner of 47`h Avenue and Central Avenue. The Planning Commission approved the site plan and passed a unanimous motion recommending that the City Council. approve the site plan and CUP, subject to certain development conditions, as detailed in the attached planning report. On June 9`h, 2008, the City Council approved the Grand Central Commons site plan and CUP for a parking ramp (staff report attached). Analysis /Conclusions: Additionally, a proposed Development Contract is attached for Grand Central Commons. The contract between the City and the Developer defines several things related to Public Improvements. It provides or defines: • The role of each for public improvements • Establishes financial sureties to the City from the Developer • Establishes warranties provided by the Developer to the City of Columbia Heights • Sets forth additional construction and inspection related requirements particular to the development. • Assigns responsibility of costs for specific public improvements. • Establishes an engineering escrow to recover inspection costs. • Sets forth other work to be completed by the Developer in an established time frame specific to the project. The Development Contract is to provide protection, financial sureties, and cost recovery to the City for specific developments. The Development Contract has been reviewed by the City Attorney with a recommendation for approval. By working forward now, any work done is at the risk of the private developer. Improvements specifically identified in this Planning Development contract are: 1. Sanitary Sewer pipe replacement (increase in size) from 47`~ to S Is` Avenues. 2. Work in the Public Right of Way including sidewalks, street accesses, & closure of the median on Central s. Site Erosion control and restoration (SWPPP requirements j. 4. Site Landscaping, utilities,and lighting. The Planning Development contract also requires the Developer to record against the property at the County an encroachment easement that allows encroachment into the public utility easement and assigns responsibility for any removal and. restoration of the encroachments to the property owner. The encroachments include a patio area, sidewalk and steps for both buildings and the north building physically extends into the easement. Staff has required the Developer to extend the footings to act as vertical sheeting in the event of a future excavation. Also, the sanitary sewer pipe in this area is part of pipe bursting project so it is new, without joints. Recommended Motion: Move to approve the Development Contract between the City of Columbia Heights and Ehtesham Khoyratty for Grand Central Commons. COUNCIL ACTION: 73 COL IA HEIGHTS CITY COUNCIL LETTER Meeting of: June 9, 2008 AGENDA SECTION: Other Ordinances and. ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development w f APPROVAL NO: ITEM: Approval of a Conditional Use Permit for BY: Jeff Sargent, City Planner BY: a parking ramp and site plan approval for DATE: June 4, 2008 4707 Central Avenue. BACKGROUND: At this time, Nelson Building and Development is requesting a Conditional Use Permit fora 219-stall parking ramp and a Site Plan approval for approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. Originally, this property was included as part of the Grand Central Lofts development and has always been planned for commercial development. The plans include two, two-story retail/commercial buildings. The northern building will contain a 17,000 square foot Aldi 's grocery store on the first floor, with approximately 16,700 square feet of office space above it. A 5,200 square foot Buffalo Wild Wings will anchor the building to the south, with approximately 10,000 square feet of office space on the second floor. Located between the Aldi 's grocery store and Bz ffalo Wild Wings, is enough tenant space for up to two additional retail stores, with the possibility of another restaurant occupying one of the spots. The 219-stall parking ramp will be a two-level structure and will serve the entire development. The ramp will be located behind and adjacent to the buildings with access from Grand Avenue to the east, 47`" Avenue to the south and Central Avenue to the west. It is anticipated that the first level of the parking ramp will serve the retail component of the development, while the second floor of the ramp will serve the office users. RECOM1P~iENDATION: The Planning and Zoning Commission held a Public Nearing far the request on June 3, 2008. They voted to recommend City Council approval of the Conditional Use Perrnit and Site Plan with a ~-0 vote. RECOIVIlVIENDED MOTION: Move to waive the reading of Resohition 2008-131, there being ample copies available to the public. Move to adopt Resolution 2008-131, approving a Conditional Use Permit for a parking ramp at 4707 Central Avenue. Move to waive the reading of Resolution 2008-132, there being ample copies available to the public. Move to adopt Resolution 2008-132, approving a site plan for approximately 55,000 square feet ofcommercial/retail development at 4707 Central Avenue. .Yttacnnaents: tceso~unon wv~s-~.~1, rceso~unon ~uv~-ls~; r+~l~lerno; Locataon lu~ap; sue t~[ans COUNCIL ACTION: 74 PLA ING DEVELOPMENT CONTRACT FOR PLAT OF ANOI~:.A COLINT~, MINNESOTA ~~ 1 - INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR GRAND CENTRAL COMMONS ADDITION, ANOKA COUNTY, MINNESOTA RECITALS ARTICLE 1-DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Plat 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1.9 Director of PWD 1.1 Q County 1.11 Developer Improvements 1.12 Developer Public Improvements 1.13 Developer Default 1,14 Force Majeure 1.15 Developer Warranties A. Authority B. No Default ~~2- C. Present Compliance With Laws D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Warranty On Proper Work and Il~latPrials H. Obtaining Permits 1.1.6 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 -DEVELOPER IMPROVEMENTS 2.1 Developer Improvements 2.2 Boulevard and Area Restoration 2.3 Street Maintenance 2.4 Occupancy 2.5 Approval of Contractors and Engineer 2.6 Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 -RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs 3.2 Enforcement Costs ~Z 3 3.3 Time of Payment AR'TiCLE 4 - DE V"ELOPER WARRANTIES 4.1 Statement of Developer Warranties ARTICLE ~ -CITY WA_R~? ~NT1~S 5.1 Statement of City Warranties ARTICLE 6 -INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 -CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE S -ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 -MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording ~$4- 9.5 Binding Agreement 9.6 Contract Assignment 9. % Amendment and Waiver 9.$ Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Record Drawings 9.15 Additional Agreements 9.16 Release of Development Contract EXHIBIT A -LIST OF DEVELOPMENT PLANS EXHIBIT B -DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C - ESCR04~ CALCULATION CITY OF COLUMBIA HEIGHTS ~~5- DEVELOPMENT CONTRACT FOR GRAND CENTRAL COMMONS ADDITION T "t7iS AGREEiv1~:N'1', made and entered into on the day of , 2008, by and between the CITY OF COLUMBIA. HEIGHTS, a municipality of the State of Minnesota, (hereinafter called the CITY), and the OWNER and DEVELOPER identified herein. RECITALS: WHEREAS, the DEVELOPER has obtained final approval of the PLAT; WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and final plat and. the DEVELOPMENT SITE PLANS, and the same have been approved by the CITY, WHEREAS, in conjunction with the granting of final plat approval and other approvals, the CITY requires: a. the installation of I2 inch sanitary sewer on the east side of Central Avenue from the PLAT to 5 I st Avenue. WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429 and 462, the COUNCIL has agreed to approve the DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. WHEREAS, the DEVELOPER has filed four (4) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: $46- ARTICLE L DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DE"vELOPMEN T CONTRAC T ,shall have the following meanings as set forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. 1.3 DEVELOPER: OWNER, BUILDER "DEVELOPER -OWNER"' means GRAND CENTRAL COMMONS, a Minnesota LLC. 1.4 PLAT. "PLAT" means the plat of GRAND CENTRAL COMMONS, in the City of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached EXHIBIT 'A,' and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. 1.7 COITNCIL. "COUNCIL" means the Council of the City of Columbia Heights. 1.8 PWD. ``PWD" means the Public Works Department of the City of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. 1.10 COUNTY. "COt1NTY" means Anoka County, Mim~esota. 1.11 DEVELOPER IlVIPROVEMENTS. ``DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached EXHIBIT `B.' 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right-of--way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: 81~_ a} failure by the DEVELOPER to timely pay the CITY any money required to be paid. under the DEVELOPMENT CONTRACT; b} failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c} failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or perfor.:ted under this DEVELOPMENT CONTRACT; d} breach of the DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. ``DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: A. AUTHORITY. Developer is a corporation, validly existing and in good standing under the laws of the State of Minnesota. DEVELOPER has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. B. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which. it is bound which would affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations (including, without limitation, permits and licenses and. any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER $~8- IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. E. NO LITIGATION. To the 'nest of Developer's knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, or the PLAT, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. G. TWO YEAR WAI7:RANTY ON PROPER WORK AND MATERLALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTRACT against poor material and faulty workmanship for a period of twa (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. H. OBTAINING PERNIITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. 1.16 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 8~9- L17 FOR]MA]L NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 590 40t~ Avenue N.E. Columbia Heights, Minnesota 55413 If to DEVELOPER Grand Central Commons, LLC c/o Ehtesham Khoyratty 139 Stonebridge Rd Lilydale, Minnesota 55118, and or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IlVII'ROVEMENTS 2.1 DEVELOPER IlVIl'ROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on EXHIBIT `B,' except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DE`JELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 7 or 14 days of the completion of street related. improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 8410 - 2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this PLAT resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and. repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. 2.4 OCCUPANCY. Unless otherwise agreed to by the City, no certificate of occupancy and no occupancy of any building iii the PLAT shall occur until the DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed to by the City, this provision excludes Site Landscaping and Site Street Lighting. 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld; provided however that the CITY hereby specifically approves Humphrey Engineering, for such purposes. 2.6 CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors and material suppliers, at least five (5) days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold apre-construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. 2.7 INSPECTION. The PWD or its designated representative, shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD tvvo (2) working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S right pursuant to Article 8 to withhold the release of any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfi~ily comply with all terms of any and all contracts entered. into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees $511 - to repair or replace, as directed by the CITY and at the DEVELOPER'S sole cast and expense, any work or materials that within two (2) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the City. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPEP. PUBLIC IMPP~CVEI~~ENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 DEVELOPER IlViPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred. in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 3.3 TIlVII; OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. $612 - .ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICATION 6.1 IllTDEMNI~'ICATION OF TIIE CITY. DEVELOPER shall indemnify, de end and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; fj failure to obtain. the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; g) construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEFAULT within a thirty (30} days cure period, hereinafter defined as "CURE PERIOD". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, $~ 13 - to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER. DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a} the CITY may specifically enforce this DEVELOPMENT CONTRACT; b} the CITY may suspend any work improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit or cash deposit; d) the CITY may deny building and occupancy permits for buildings within the PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special. assessment resulting there from, including but not limited to notice and hearing requirement and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on E~HI;31T `C' pursuant to Minn. Stat. X29.081. 7.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be Limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7.1(c) and, concurrently or sequentially, ss l 4 - the remedy provided by Section 7.1(e}, to the extent that the remedy in Section 7.1(c) provides reimbursement to the City for any costs and expenses incurred by the City. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 7.4 EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFALrLT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER aforty-eight (48) hour period. to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and. expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited. to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT `C' pursuant to Minn. Stat. 429.081. ARTICLE 8 ESCROW DEPOSIT 8,1 ESCROW REO NT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT `C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall be for a term ending December 31 s`, 2009. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31S`, 2009, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this X915 - DEVELOPMENT CONTRACT. The CITY may draw dawn on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a} a DEVELOPER DE:1~`AUL"I'; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31, 2009. with CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 from time to time as financial obligations are paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90%) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10%) of that portion of the irrevocable letter of credit, or cash deposit, for those specific completed improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10%). If it is determined. by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 9016 - 9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such. decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 9.4 RECORDING. The DEVELOPMENT CONTRACT and PLAT shall be recorded. with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.~ ;8LuI2ING AGREEMENT. The patiies niutuaiiy recogj-ize and agree that ali terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the PLAT and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. 9.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the COUNCIL. The DEVELOPER'S obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered. pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT, Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9117 - 9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the wards of this DEVELOPMENT CONTRACT or if the obligations imposed. hereunder upon the DEVELOPER. are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. b) A letter of credit or other security as acceptable to the CITY shall be deposited with the Director of Public Works, in an amount equal to ten percent (10%) of the estimated cost of landscaping, fencing and/or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons, as defined by MnDOT specifications. A portion of the letter of credit may be released after one growing season as determined by the Director of Public Works. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced immediately, or within the next planting season if required b_y the weather. d) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. (hater c~nser~~ation rzeasa~re) 9.14 RECORD DRAWINGS. The OWNER shall provide to the CITY. upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record. Drawings documenting the constructed or "as-built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main service locations at the service extensions or property lines. The GPS Data shall include X, Y & Z coordinate data consistent with City requirements. s~ 18 - 9.15 ADDITIONAL AGREEMENTS. A. The OWNER and the CITY hereby agree that the sanitary sewer pipe extension wilt be constructed by the OWNER, in accordance with the DEVELOPMENT PLANS approved by the llIREC"hUR OF PWD. No building permits will be issued until such time as construction has begun on the following: a. Sanitary Sewer Reconstruction from 47th to 51St Avenues. B. The O WNER and the CITY hereby agree to the following: a. Easement Encroachment: The responsibility of all removal and restoration of DEVELOPER installed IMPROVEMENTS is hereby assigned to the PROPERTY for encroachment in the existing utility easement on Central Avenue abutting the PLAT. This is assigned to the PROPERTY in the event the City needs to access this line for improvements, repairs or replacement, recordable with the property. The DEVELOPER shall record against the property an easement agreement, subject to approval by the CITY ATTORNEY, for removal and restoration responsibilities of DEVELOPER installed IMPROVEMENTS for all encroachment into the public utility easement on Central Avenue. b. The median opening on Central Avenue adjacent to the PLAT shall be closed meeting MNDOT requirement and be made part of the DEVELOPMENT IMPROVEMENTS. C. The OWNER and the CITY hereby agree that item 9.15A shall be completed and accepted by the CITY prior to the issuance of certificates of occupancy for the PLAT. 9.16 RELEASE file DEirELut MEN1 Ct~t~IT1~' CT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration. of the Section I .l 5G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided that said improvements have been completed. and said warranties have expired. 9319 - IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: By: By: Gary Peterson, Mayor Ehtesharn Khoyratty By: Its Walt Fehst, City Manager STATE OF 1VIINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2008, before me a Notary Public within and for said County, personally appeared to me Gary Peterson and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affized to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF 1!. SOTA COUNTY OF ANOKA ) ss. On this day of , 2008, before me a Notary Public within and for said County, personally appeared Ehtesharn Khoyratty, to me personally known, who being by me duly sworn, said that he is the President of Grand Central Commons, a LLC, named in the foregoing instrument, and that said instrument was signed in behalf of said Grand Central Commons, a Minnesota LLC by ,and said acknowledged said instrument to be the free act and deed of Ehtesharn Khoyratty. Notary Public 9420 - THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P.E. City Engineer, & Jeff Sargent City Planner City of Col=amb~a 1-1P1ghts 590 40`" Avenue N.E. Columbia Heights, MN 55421 763/706-3600 James Hoeft City Attorney Barna, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard S>>irP 4.00 Coon Rapids, MN 763/783-51.22 9521 - EXHIBIT A LIST OF DEVELOPMENT PLANS GRAND CENTRAL COMMONS ADDITION PLAN DESCRIPTION DESIGN PLAN DATE 1. Development Plat Cornerstone Land Surveying 2. Erosion Control and Grading Plan Humphrey Engineering 8/25/08 (including the project SWPPP) 3. Sanitary Sewer on Central, 47th to 51st Humphrey Engineering 8/25/08 (Public) 4. Utility/Site Plan (Public/Private) Humphrey Engineering 8/25/08 5. Landscape Plan Humphrey Engineering 8/25/08 6. Plat Lighting Plan Humphrey Engineering 8/25/08 9622 - EXIiIBIT B DEVELOPER PUBLIC ROVE NTS The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE IlVIPROVEMENT 6/31/09 X Public Grading/Removals/Erosion ControUSWPPP 6/31/09 Utilities (Sanitary Sewer in Central Avenue: 47`h to 51St Avenues) 6/31/09 Plat Utilities/Work in ROW 12/31/09 Landscaping 12/31/09 Plat Lighting Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of the PLAT. Unless otherwise agreed to by the City, this provision shall exclude Site Landscaping and Site Street Lighting. ~~ - EXIIIIBIT C ESCROW CALCULATION(S1 DEv~LOPER I~rRO"v'EMEIV i S 1. Erasion Control/Restoration/SWPPP (site) $ 2. Plat Utilities $ 3. Sanitary Sewer on Central Ave (47th-Sls`) $ 4. Landscaping (incl. Retaining Walls) $ 5. Site Lighting $ $ 940,000 1VIULTIPLIED BY: 1.25 EQUALS: $ 1,175,000 For the above work, DEVELOPER shall post escrow* for $1,175,000. (* Form in accordance with Section 8.1 of this agreement.) In addition to the letter of credit required above, the DEVELOPER shall also deposit $10,000 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $10,000 shall be to pay the CITY for engineering site inspection fees at the CITY's standard rates charged for such tasks. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $10,000 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $10,000 deposit, the DEVELOPER is responsible far payment of such excess within thirty (30) days after billing by the CITY. -~~- CITY COUNCIL LETTER MEETING OF: SEPTEMBER 8, 2008 AGENDA. SECTION: ORIGINATING DEPT: CITY NO: FINANCE MANAGER APPROVAL ITEM: RESOLUTION SETTING THE CITY BY: WILLIAM ELRITE BY: MANAGER'S SPENDING AUTHORITY FOR THE ,.. ~ , s CONSTRUCTION OF A PUBLIC SAFETY BUILDING DATE: AUGUST 27, 2008 To facilitate the successful and timely construction of the new public safety building it is essential that vendor contracts and. purchases be approved on a timely basis. Doc Smith, the City's construction manager, is very concerned regarding the City's process that requires City Council approval on these matters before they can be implemented. He strongly recommends that the City Manager be granted full authority to approve contracts and purchases for the public safety building so these items are not held up for formal City Council approval. The attached resolution grants this authority to the City Manager with the understanding that the City Manager has full authority to sign and approve contracts and purchases that are within the scope of the budget for the public safety building, that have been properly bid, and that are in compliance with applicable state statutes. All contracts that are signed by the City Manager or purchases that are approved will be reported to the City Council at a subsequent City Council meeting. The Finance Director has reviewed this resolution with the City Attorney. The City Attorney has verified that the resolution meets the legal requirements. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-197, there being a[nple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-197 being a resolution setting the City Manager's spending authority for the construction of the public safety building. WE:s[ns 080'7082COUNC[L Attachment: Resolution 2008-197 COUNCIL ACTION: 99 RESOLUTION N0.2008-197 SOLUTION SETTING THE CITY AGER'S SPE ING AUTHORITY FOR THE CONSTRUCTION OF THE PUBLIC SAFETY BUILDING WHEREAS, the City Council by resolution has previously established purchase and contract spending amounts for the City Manager; and WHEREAS, the City Council has approved the construction of a public safety building; and WHEREAS, the City Council has established a specific budget and timeline for the construction of the public safety building; and WHEREAS, construction of the building on a timely and efficient basis requires timely approval of contracts and purchases; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights City Council that the City Manager of Columbia Heights is awarded full spending authority for all purchases and contracts related to the construction of the public safety building. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City of Columbia Heights City Council that all expenditures for the public safety building be in compliance with Minnesota state purchasing statutes, the Columbia Heights City Charter, and within the general scope of the budget established for the public safety building. Passed this 8`h day of September, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, City Clerk 100 COLUlVIBIA HEIGIiTS -CITY COUNCIL LETTER Meetin of: Au ust 25, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ~. ~ iTEM: Third Reading 8 r': `vVait Fehst i3Y: ~ ~ ~ ~ .. Ordinance 1535 DATE: August l9, 2008 DATE: / NO: Background: For over thirty years the City of Columbia Heights has not had a Cit<,, 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 rnid 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 teas held at the August 11, 2008 City Council meeting= It was requested the wording 6`The City Clerk shall serve as the secretary to the city council" be reviewed_ Staff recommends the warding remain the same. Recommended Motion: Move to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Recommended 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. COUNCIL ACTION: 101 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. CITYCLERK-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 Depa~rne.,t 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 t11e 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. (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. 102 ~ 3.301 P AND RECREATION CO SSION. (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. (l) 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 autharized 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 NIIDBLOCK 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 eacl"i affected lot or parcel far 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. 103 (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 far their portion of the charges authorized hereunder plus the reasonable cast 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, clai~rs 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 Clerk. 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 l of each year, for Council action pursuant to the provisions of this chapter. 104 § 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 far 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. (1j) 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: (l) 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: (l) 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 105 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. far the licensed. animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn ar attached to a collar for said animal. A duplicate metallic tag may be abtained to replace a last 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 to 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 Il~IPOUNDMENT. (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 ~'?.10? . (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) 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 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 106 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 pasted 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. 11.12 FRANCHISE FEE, TAXES AND ASSESSMENTS. (B) Payment offranehise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report far the preceding calendar quarter in such detail as the city may require its grass 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 DEFIlVITIONS. 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. CITFCLERK. 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 shalt 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 107 (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 pciblic and shall maintain an a_pp_ ro_priate 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 shah 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 n??tnicipal 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 COMIVIISSION. (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. 108 (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 inspeciion. § 4.104 MIDBLOCK LIGHTING. (B) The 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 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, o~° 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. 109 (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 shah 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 alI penalties, claims and demands that may have occurred thereunder prior to such expiration. § SA.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 ] 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 ADiVIINISTRATIVE 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. 110 (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 name and address of the n~~;mnrr pf the animal and the ?1a17?e and addTesc of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat far 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 far 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 tl--at 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 last 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 111 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 L1VD'OTTNDMENT. (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 far 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. § 8.60( EMERGENCY REGl[TLATIONS. (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) Pclvment 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. 112 (2} In the event any payment is not made on or before the applicable date fixed in subdivision (1~}(1 }, interest thereon shall apply from its due date at the rate of orie and one 11a1f 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 113 CITY COUNCIL LETTER Meeting of: September 8, 2008 AGENDA. SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Resolution 2008-198, Establishing BY: Scott Clark ~ ~ BY: p ~` Property Maintenance Inspection Fees DATE: September 2, 2008 '. Background: On August 26, 2008 the City Council directed staff to precede with two new housing initiatives', the first was a Building Official review of all new rental properties seeking a license (the attached resolution specifies the need for an "initial rental inspection" if a license has not been in place since .ianuary i, 20Gb, in addition to license transfers). The second item is an abandoned and/or vacant housing Ordinance, which will be addressed at a latertime. The attached resolution establishes a new Rental Housing Fee, for the initial Building Official inspection of $160 in addition to the Rental Fee Structure as established in the attached Resolution No. 2008-86. Recommendation: Staff recommends adoption of Resolution 2008-198 establishing Property Maintenance Inspection Fees. Recommended 1Vlotion: 1Vlove to waive the reading of Resolution 2008-198, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-198, being a Resolution Establishing Property Maintenance Inspection Fees as authorized by Chapter SA of City Code of 2005. d t/n~~wio»tc ~ Rocnlvtinvi J/]nR_ 7 UR Racnwtinvi ~nn,Q_.Q/i COUNCIL ACTION: H:\City Council\Letters\2008\. Res.2008-198 Establishing Property Mtnce Insp. Fees 114 RESOLUTION N0.2008-198 BEING A RESOLUTION ESTABLIS G PROPERTY NTEN CE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CUDE Old' 2005 WHERAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provide for the establishment of fees; and WHERAS, the City has authorized changes to Property Maintenance Fees from time to time; and WIIIERAS, the City finds there is a need to modify the Property Maintenance Fee structure at this time for new rental applications, former rental properties not licensed since January 1, 2006 or for properties where a license transfer is being processed; and THEREFORE, BE IT RESOLVED, that the Property Maintenance Fee structure listed below shall be adopted and effective September 9, 2008. Property Maintenance Inspection Fees 1) Initial Building Inspection Fee of $160.00 applicable to all properties: a) Not Licensed since January 1, 2006 or; b) Properties where a license transfer has been requested. 2) The aforementioned fee is in addition to the Rental License Fees established by Resolution 2008- 86. as amended from time to time. Approved by the City Council of the City of Columbia Heights this day of , 2008. Motion By: Second By: Roll Call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, CMC City Clerk 115 "Blank Page" 116 RESOLUT>EON N0, 2008-86 BEING A RESOLU'CION I;STABLISIIING PROi'ERTY MAITENANCE INSPECTION TELS AS AUTITOiZIZED BY CHAPTER 5A OF CITY CUDE OF 2005 WHEREAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides for the estabiisl~ing of fees; and WHEREAS, the City has authorized changes to property maintenance fees from time to time; and WHEI2EA~S, the City finds there is a need to modify the property maintenance fee structure at this tune; and THEREFORE, BE IT RESaLVED, that the property maintenance fee struct-ure listed below shall be adopted and effective May 1, 2008. RENTAL LICENSING FEES Rental property license - 1 unit Rental property license - 2 tlu-u 10 units Reutat property license m 11 thru 30 unts Rental property license -over 30 units $50.00 per building plus $40.00 per unit $50.00 per building plus $20.40 per unit $50.00 per building plus $15.00 per unit $50.00 per building plus $10.00 per unit L icense Reinstatement after Revocation/Suspension Five tixnes nnns~al license fee ABATEMENT FEES Immediate Ab~tteznent Administrative I'ee $75.00 per abatement Abatement Administrative Fee $200.00 per abatement Passed this 28th day of April, 2008 Offered by: Dielun Seconded by: Williams Roil Call: Ayes: Peterson, Williams, Nawrocki, Diela~n, IGelzen, rg ayor Gary eterson Attest: ~~ti /;s r `1~r1 ~. lr~ i"t, atricia Muscovitz, City Clerk 117 CITY COUNCIL LETTER Meeting of September 8, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~ "~~ ITEM: Rental Housing BY: Gary Gorman BY: ~ _ ~ `~ Licenses ~; ~ NO: DATE: September 3, 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 September 8, 2008. COUNCIL ACTION: 118 List of 2008 Rental Licenses to Approve Occupany I.D. Properly Owner Name 30017 Lynde Investment Company, LLP 30019 Lynde Investment Company, LLP 30021 Lynde Investment Company, LLP 30027 Lynde Investment Company, LLP 30125 Lynde Investment Company, LLP 30127 Lynde Investment Company, LLP 30145 Lynde Investment Company, LLP 30150 Lynde Investment Gol"Ylpany,L LP 30182 Lynde Investments Company, LLP 30184 Lynde Investment Company, LLP 30186 Lynde Investment Company, LLP 10110 Ahmed Abdullahi 20250 David Anderberg 34012 Alan Avery 10148 Ricardo Cadmen 12011 Roger Collins 20053 Donna Frank 20201 Dolores Jeffries 10091 John Krebsbach 20301 Brian LeMon 12124 Luis Ochoa 10135 Adegbola Ogundipe 30031 Dirk Peterson 12165 John Ranweiler 20020 Leland Stanch Property Address 4050 4TH 4060 4TH 4120 4TH 4100 4Tt-1 4425 UNIVERSITY 4441 UNIVERSITY 4433 UNIVERSITY 47071 NI\jEF2SITY 5121 UNIVERSITY 5131 UNIVERSITY 5141 UNIVERSITY 4643 7TH 976 44 1 /2 4201 MONROE 1131 40TH 1077 POLK 4148 Tyler 4641 4TH 4915 5TH 4344 Quincy 5009 JACKSON 4427 MONROE 711 37TH 4648 Taylor 4545 FILLMORE 09/03/2008 10:13 ~~s Page 1 CITY COUNCIL LETTER Meeting of: Sept. 8, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: ,^ ,~ ~, ~ `~ ~ `f~ NO: DATE: Sept. 4, 2008 BY: . ` BACKGROUND/ANALYSIS Attached is the business license agenda for the September 8, 2008 City Council meeting. This agenda consists of applications for three Solicitor's Licenses for employees of the Window Store LLC. The Police Dept. has performed the background checks on the three applicants. The Police Chief is recommending denial of two of the applicants. I have attached the memo from the Police Chief, copies of the applications and. a letter from one of the applicants for your information. 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 license for Mr. Mark Chasin and to deny the licenses for Mr. Matthew Herrick and Mr. John ?~1o:-ton as recommended by the Police Chief. COUNCIL ACTION: X20 TO CITY CC)UNCIL September 8, 2008 *Signed Waiver Form Accompanied Application 200$ BUSINESS LICENSE AGENDA SOLICITOR'S APPLICATIONS Approve Pol *Mr. Mark Chasin. The Window Store 9909 So Shore Dr, Plymouth $100 Deny Mr. John Norton Mr. Matthew Herrick The Window Store 9909 So Shore Dr, Plymouth The Window Store 9909 So Shore Dr, Plymouth $100 $100 121 To: Shelley 1'Ianson, Community Development rrom: Scott Nadeau, Chief of Police Subject: Solicitor/Peddler License Application of Mr. Chasin Date: 08125J2008 The Solicitor/Peddler License for Mr. Mark Alan Chasin has been approved. Howevex•, in reviewing his background information any attention was draum to the fact that he does not currently possess a valid MN driver's license therefore he is advised not to drive. 122 1 .. {„;. 123 ~pp,~ppL~~++~ff R~~~tt~/~~~l.sp~~suC~ A!"~-i~1 ~1'Til"1tN~71~1tl~ IYIEIi~.rl-IQI~T LICEP~SE APPLiCATI~N I't'E•$ Date Received Receipt # License Number CITY OF COLLWtBiQ HEIGHTS 58040T"AVENUE NE, COLUMBIA HEfGHTS, MN 55421 PHONE {7ti3) 706-3876 PAX {763) 706-3671 PEDDLERlSOLICITOR ANDTRANSIENT MERCHANT FEES: PER DAY S 50.00 ~ PERMO~TH,, ;~.• 100.40 DATES- __! 5U0 00 . PER YF~R In conjunction with this application the fallowing documents must be submitted: 1. Certificate of Compliance per the Minnesota Workers Compensation Law {Attached} 2. Waiver 3. Copy of applicable license from Anoka County Auditor's Office prat Mn Statute Chptr 329 as amended. 4. If Transient Merchant- provide written permission of property owner for use of any property within the tin the location on the site where ou will be o eratin . di ca CI , a site tan of the remises in ` ~ f ' COMPANY NAME• Yr ~ CITY • ADDRESS: ~ ~(~Q ~ r l" STATE ~P~~--« '- ~~ ~1 r ! t v~ MN STAT SALESIUSE TAX #: BusINESS INFORMATION COMPANY AGENT OR OFFICIAL{S): 1. f ~ ~ 2. PROVIDE UST F MOST RECENT LOCA11ONS WHERE APP iCANT HAS CONDO TE ~ IMILAR OPERATION: :1 ~ ~' ~ Y ~, ~~ ~ G~ Q~ I r /7 NAME ~{ ~i 1 ~ {FIRST} (MIDDLE) (LAST) RESS ~ ~• HOME AD D CITY ~ hll ~'t~[! Y~ L°1~ (_ ; ' I STATE ZIP CODE ~~1 ~~ BUSINESS PHONE """ 31R7HDATE: PLACE F Bl T '' APPLICANT DRIVERS LICENSE # I .. CURITY # , HEIGHT: WEIGHT: HAIR COLOR:~~YE COLOR: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY, GROSS MISDEMEANOR, OR VtOLATION OF ANY STATE OR FEDERAL. STATUTE OR ANY LOCAL F O R MISDEMEANOR ~ ~ ~ , ,THAN TRAFFIC VIOLATIONS iN THE PAST 5 YEARS? ORDINANCE, O _ ~~'r YES CdO; IF YES, EXPLAIN DATE AND NATURE ADDRESS/LOCATION OF ACTLVlTY: As applican#, it is my understanding that falsification of any item on this appiication is sufficient reason upon which to base a denial of said license. Such license shall be valid for the specific dates stated and must be renewed to cover further time periods. c_r-- APPLICANTS SIGNATURE: DATE: !/ V~ 124 CERTIFICATION OF COMPLIANCE MINNESOTA WOI~~KERS COMPENSATION LAW Minnesota Statute, Sectlan 176.182 requires every state and local licensing agency to wlthhoid the issuance ar renewed of a license or permit to operate a business or engage in an activity In Mlnnesata anti! the applicant presents acceptable evidence of carnpiiance with the ;remrkers' cor.:pensation insurance caverage requirements of MSS Chapter 176. The infarmation required !s: the name of the insurance company, the policy number, and dates of coverage or the permit to sedf-insure. This information wall be eallected by the licensing agency and retained in their fides. This information is re+gttired by law, and license and permits to operate a business may na# be issued or renewed if i#rs uo# provided andlor is falsely reported. Furthermore, if this information is not provided or fa!sP!y sta#ed5 i# may result in a 51,000 penalty assessed against the applicant by the Commissioner of the L?epartment of Labor and Industry. (} Insurance Co Name ti/ ~~.t ~ ....~ ./ SI~t~Gtt<'dCQ ~' NOT the Insurance Agent Policy Number t-~t.~" l~°f`~~ n g °~ .~.~~ Date of Covera e~?~~~~ to I am not required to have workers compensation liability coverage because: { ) I have no employees () I am self insured {include permit to self insure) () I have no employees who are covered by the workers compensation law {these include Spouse, Parents, Children, and certain farm employees). I certify that the information provided above is accurate and complete and that a valid workers Compensation policy will be kept in effect at all times as required by law. Name ~~ 'a~ _~" L..--~' Doing Business as Business Address name if different than your name City, State, Zip ~ ion S ignatur ~ ate ~~~ . 125 NOTICE The data requested of you will be used ui considering your application for said license and will be disseminated to the public. 'You are not legally required to allow the City of Columbia Heights to obtain the data, however, failure to supply said data may result in disapproval of your application. Further, the City Cif Cotu,«bia 1=lcights may receive from other governr!tental agencies, including but not Limited to the Bureau of Criminal Apprehension, Minnesota Department of Public Safety, data relating to the consideration of your application, Said data may be classified pursuant to Minnesota Statute #15.162 et. seq. as private and therefore, cannot be released to the public without your written consent. W~11VER I have read the above and understand that any data concerning my application, which is classified as private pursuant to Minnesota Stature #15.162, et. seq. may not be released to the public without my permission, I also understand that said data must be considered by the Columbia Heights City Council at a public meeting in considering my license application and, accordingly, will be publicly disseminated. Therefore, I hereby authorize the release of all ofsaid data by the Columbia Heights City Council or agents or employees thereafat any City Council meeting at which my license applicatian is considered. Said information shall not be releasedtf I withdraw my license application by personally serving written notice of said withdrawal upon the Columbia Heights City Manager prior to said Council meeting. G /~ DATE ~ ~ SIGNATURE ~~ Witness Signature: _ _ 126 To: Shelley Manson, Community Development From: Scott Nadeau, Chief of Police Subject: Solicitor/Peddler License Application ofMr. Norton Date: 08/25/2008 In reviewing the background information obtained on Mr. John Vernon Norton it has corns to my attention that he leas a prior criminal conviction. Therefore, my recommendation is that his application for Solicitor/Peddler License be denied. 127 128 PC~CL~~++fSMM~AAIcCppIT~?uu//~~ N TI~~Na7~ENT I1f1ER,C1~7f"-NT LICENSE APPLICr4TI0~N E=EE•5 Date Received Receipt # License Number CITY OF COLUMBIA HEIGHT8 58p 4flT" AVENUE NE, COLUMBIA HEIGHTS, MN 55421 PHONE (783) 706-3678 FAX (763) 706-3671 PEDDLER/SOLICiTOR ANDTRANSIENT EI~?C_1~ANT FEES: PER DAY $ 50.04 ~"~~7 ~ ~ ~r PER MONTii 5100.00 BATES: _ __-- PER YEAR 5500.00 [n conjunction with this application the foifowing documents must be submitted: 1. Certificate of Compliance per the Minnesota Workers Campensatian Law {Attached} 2. Waiver 3. Copy of applicable license from Anoka County Auditor's Of#ice par Mn Statute Chptr 329 as amended. if Transient Merchant- provide written permission of property owner for use of any property within the . 4 . indicatin the location on the site where ou wilt be o eratin . s ~` Ci , a site Ian of the remise / ,, ~ ~~ ~ ~' ` ~' ~ ~` ~ ~~ / / COMPANY NAME: Q( f ~ ,, CITY ~©~ ~ S -~~~•-' _~ : ADDRES ~ /! ZIP ~ s ~'1 STATE ~ r _ 7 - MN STATE SALESJUSE TAX #: ~~~~ BUSINESS ~-•' ~ ~ ~~ '"~ ~ ~ '~~ INFORMATION / f - ~ ,{l r COMPANY AGENT OR OFFICIAL{S): 1. 2. PROVIDE UST OF MOST RECENT LOC TIONS WHERE AP~-(CANT HAS ONDUGTED SI~ILAR ~ i.~ ~~,L,LL.e~1y~~--~`L~r OPERATION: /~ ~ -~ ~• r 7~ l ~ l~' Lt~/~e7 7 ~ ~ /) ~' ..,ti t• L / NAME fig! ~lrl t~ (F RST) _ {MIDD E) (LAST) HOME ADDRESS ~ `!` ...1 ~s /9 ~"d ~r~`~ ~ ~ ~`~' `" ~~1,~ ~ /~.tlG',l~ c~l~i' STATE ~ ZIP CODE `. ~ CITY - BUSINESS PHONE #~ ~ ` ~ ~ °~~ / BIRTHRATE: ~' PLACE OF BIRTH: 7 / APPLICANT gRIVERS LICENSE # OCTAL SECURITY #_ 't HEIGHT: (9/~" WEIGHT: / ~~5.`HAIR COLOR; f~_7~EYE COLOR; ~~' HAVE YOU EVER BEEN CONVICTEq OF ANY FELONY, GROSS MISDEMEANOR, OR MISDEMEANOR FOR VIOLAl10N OF ANY STATE OR FEDERAL STATUTE OR ANY LOCAL ORgINANCE, OTHER THAN TRAFFIC VIOLATIONS IN THE PAST 5 YEARS? YES NO; iF ESQ EXPLAIN DATE AND NATU}2E ...- ~° t ~ . .' t.~ ADDRESSILOCATION OF ACTIVITY: it is my understanding that falsification of any item on thfs application is sufficient reason upon which to base a As applicant , denial of said license. Such license shall ba valid for the specific dates stated and must be renewed to cover further time periods. APPLICANTS SIGNATURE: BATE; ~ ~" 129 CERTIFICATION OF COMPLIANCE MINNESt}TA WORIKERS COMPEI'~I~SATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhofid the issuance or renewal of a license or permit to operate a tusiness or engage In an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage raMUirecs:ents of l~lSS Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and retained in their flies. This information is required by law, and license and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may resu.t in a wrt,IlQ~ penalty assessed against t_h_e applicant by the Commissioner of tl>:e Department of Labor and Industry. ~..~ Insurance Co Name NOT the Insurance Agent Policy Number ~ ~ ~ ~ t - - Date of Coverage to ~j~~i~ I am not required to have workers compensation liability coverage because: { ) I have no employees () I am self insured (include permit to self insure) (} I have no employees who are covered by the workers compensation law (these include Spouse, Parents, Children, and certain farm employees). I certify that the information provided above is accurate and complete and that a valid workers compensation policy ~~~ill be kept in effect at ail tkrnes as required by law. Name _/,r~ /~i .~ l/ E~ ~~ ~ 6 Doing Business as Business name if different than your Business Address ~ ~G9 1`~ ~..> ~,sz;.,~-;~ ~~~~~ ~' ~ ~''C vf" City, State, Zip ~ t~-c ~~,'~/• -~.- ~?~~~one ? r~ ~{`~ ~~<L~?.~ Signature ~~ ~~ L.~~dc-- ~ Date ~~~~`?1'~ 130 rloTrclJ The data requested of you will be used in considering your application for said license and will be disseminated to the public, you are not legally required to allow the City of Columbia Heights to obtain the data, hawever, failure to supply said data may result in disapproval of your application. Further, the City of Columbia Heights may receive from other governmental agencies; including but not limited to the Bureau of Criminal Apprehension, Minnesota Department of Public Safety, data relating to the consideration of your application. Said data may be classified pursuant to Minnesota Statute # 15. i 62 et. seq. as private and therefore, cannot be released to the public without your written consent. WAIVER I have read the above and understand that any data concerning my application, which is classified as private pursuant to Minnesota Stature #15.162, et. seq. may not be released to the public without my permission. I also understand that said data must be considered by the Columbia Heights City Council at a public meeting in considering my license application and, accordingly, will be publicly disseminated. Therefore, I hereby authorize the release of all of said data by the Columbia Heights City Council or agents or employees thereof at any City Council meeting at which my license application is considered. Said information shall not be released if I withdraw my license application by personally serving written notice of said withdrawal upon the Columbia Heights City Manager prior to said Council meeting. DATE W itne. 131 To; Shelley Hanson, Community Development From: Scott Nadeau, Chief of Police Subject; Solicitor/Peddler License Application of Mr. Herrick Date: 08/25/2008 In reviewing the background information obtained on Mr. Matthew Alan Herrick it has come to my attention that he has prior criminal convictions. Therefore, my recommendation is that his application for Solicitor/Peddler License be denied. 132 133 I'lae Window Store 9909 S. Shore Drive Suit 270 Plymouth, MN 55441 763-412-428v Lic. 20283598 Matthew A. Herrick 5430 Underwood Lane Plvmouth, MN 55442 Ce11612-205-4399 To Wham It May Concern: 1 am writing this letter in regards to my past criminal record and its effect on my solicitor permit application. I hav' two felonies on my record, which include first-degree assault and ftftli degree possession~af a+~'i~trolled substance, and I am aware that these may cause you to deny my application. Please listen to the circumstances of any situation before making your decision. I I was charged with fi~:st-degree assault in June 2006 after stepping in far a girl at a party who was being assaulted by laer boyfiiend. After telling the gentleman to stop and calm down lae began getting playsi~al with me. We got into a physical altercation during which he was injured. Because th~ girl would not tell the police she was being hit by her boy friend I was charged with assault. Also all other witnesses were close friends of the gentleman. i In April of 2006 I was charged with fifth-degree possession of a controlled. substance. 1 was pulled over and searched'oy a state trooper who discovered magi Juana in nay car. I have successfully conapl~ted chemical abuse treatinent and have been free of all drugs and alcohol. I ana currently beixag ~aaonib Band wlao can be x°eached at 612-3 requirements of the court and am ~ 'The Window Store provides a sere there is no exchange of money at t consider granting my application. Sincerely/, 1f ~f ~~!/ ~ ~~ ~~w ~-~. Malt Merrick d by Heruaepin Cotuaf~~ Probation C}f£ieer Scott -6114. I have been totally compliant wifh all •king to be a responsible citizen. The work I do for to the community by adding value to homes, and door. I hope that after reading this letter you will 134 TRANSIEN 1 IVIEItiL~/'i,~~ LICENSE ~-PPLIC~oTIC}N FEE: $ Daie Received Receipt # License Number CITY OF COLUMBIA HEIGHTS 590407#AVENUE NE, COLUMBIA HEIGHTS, MN 55421 PHONE (783) 706-3678 FAX (763) 708-3671 PEDDLERISOLICITOR ANDTRANSIENTMERCHANT FEES: PER DAY $ 50At! '°~^ ` ~ ~ 00 DATES: i00 _,_, .. . PER MONTH S PER YEAR 5500.00 in conjunction w)th this application the following documents must be submitted: 1. Certificate of Compliance per the Minnesota Workers Compensation Law {Attached} 2. Waiver 3. Copy of applicable license from Anoka County Auditor's Office per Mn Statute Chptr 329 as amended. 4. if Transient Merchant- provide written pennisslon of property owner for use of any property within the ite where ou will be o eratin . the location on the e s indicati n Ci a site fan of the remis s ' g t rm COMPANY NAME: ~ f 1 ~._ t,~.,~ ~~Y+-~t~ C~ ~-~ G~-- ADDRESS: ~C~~ S~ Sties ~ ~ ~ P. CITY '~~ W~ ~ L+-~ -~~ ~'~~`~ STATE ZIP , MN STATE SALEStUSE TAX #: ~`7Io' ~`~~'~' BUSINESS INFORMATION ~y COMPANY AGENT OR OFFICIAL{S): 1. YCt ~ C9~ V~.u. h Se'>' t/2 2. PROVIDE LIST OF MOST RECENT LOCATIONS {HERE AP LICA T HAS CONDUCTED SIMILAR ~ ~~ ` ' ' ~ ~vl ~r rflv i S l ~l I^~,,...,. ~nt92~ti~u/~ OPERATION: {~~vKO .C ~--~ f 17 J 1 ~ '~ r ~ 4 /~ u n a w. a T> ~ NAME , (FIRST) {MIDDLE) (LAST) RESS SU a ~c ~ HOME ADD f CITY - ~[t~~w2 vk-`~'~ STATE ZJP CODE SAS L"~~i~- BUSINESS PHONE ~: 7G~~ .~ r Z ~ ~ acv BIRTHRATE: ~s ms`s _ PLACE OF 3iRTH: ~a ~ ~~t ct ~ ~ .,.__~__.~. APPLICANT DRIVERS LICENSE # SOCIAL SECURITY # ' HEIGHT: ~'~I WEIGHT: t 7U HAIR COLOR: ~ ~~+rIEYE COLOR: ~~~G-~ HAVE YOU EVER BEEN CONVICTED OF ANY FELONY, GROSS MISDEMEANOR, OR MISDEMEANOR FOR VIOLATION OF ANY STATE OR FEDERAL STATUTE OR ANY LOCAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS IN THE PAST 5 YEARS? YES NO; IF YES, EXPLAIN DATE AND NATURE ADORESSILOCATION OF ACTIVITY: As applicant, it Es my understanding that falsification of any item on this application is sufficient reason upon which to base a de»ial of said license. Such license shah be valid far the specific dates stated and must be renewed to cover further time periods. /y~ r APPLICANTS SIGNATURE: ~l d` DATE: ~~""'t l c7t L~ 135 CERTIFICATION OF COMPLIANCE MINNESOTA WORKERS COMPENSATION LAW iVlinnesota Statute, Section 976.182 requires every state and local licensing agency to withhold the Issuance or renews! of a license or permit to operate a business or engage in an activity in Minnesota unttl the applicant presents acceptable evidence of corrapliance ~arith lice workers' compensation Insurance coverage requirements of M3S Chapter 176. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected lay the licensing agency and retained in their hies. This informationrs required by law, and license and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a 51,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry. Insurance Ca Name NOT the Insurance Agent Policy Number L~C._.~'i/-i-.E~' ~ ~~ Date of Coverage ~ ~~'~ to I am not required to Dave workers compensation liability coverage because: (:~(} I have no employees { } I am self insured (include permit to self insure) () I have no employees who are covered by the workers compensation law (these include Spouse, Parents, Children, and certain farm employees}. I certify that the information provided above is accurate and complete and that a valid workers compensation policy will be kept in effect at all times as required by law. Name /"lea ~c~v; Doing Business as ~ l.c_, (.cJ'th,c~~R.J Business name if differs than your name Business Address ~'~t/ l ~ ' ~OT~ ~~ i~ City, State, Zip M ~" l~ t~ ~ Phone Signature ~ ~ Date ~; l ~r_7 ~~~ ~ --- 136 NO`TIC.E The data requested of you will be used in considering your application for said Iicense and will be disseminated to the public. You are not legally required to allow the City of Columbia Heights to obtain the data, however, failure to supply said data may result in disapproval of your application. Further, the City of Columbia I-IeightS rr~ay receive from other governmental agencies, including but not limited to the Bureau of Criminal Apprehension, Minnesota Department of Public Safety, data relating to the consideration of your application. Said data may be classified pursuant to Minnesota Statute # 15.162 et. seq. as private and therefore, cannot be released to the public without your written consent. WAIVER I have read the above and understand that any data concerning my application, which is classified as private pursuant to Miru~esota Stature # 15. i 62, et. seq. may not be released to the public without my permission. I also understand that said data must be considered by the Columbia I~eights City Council at a public meeting in considering my license application and, accordingly, will be publicly disseminated. Therefore, I hereby authorize the release of all of said data by the Columbia Heights City Council or agents or employees thereofat any City Council meeting at which my license application is considered. Said information shall not be released if I withdraw my license application by personally serving written notice of said withdrawal upon the Columbia Heights City Manager prior to said Council meeting. DATE ~~~~' ~,~~ SIGNATURE ' f Witness Signature:, 137 CITY COUNCIL LETTER Meeting of: Sept, 8, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM; LiEance Agenda BY; ~hPIIPy Nancnn Df1TE; =I NO: DATE: Sept. 4, 2008 ~ BY: f , BACKGROUND/ANALYSIS Attached is the business license agenda for the September 8, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008 and an Auto Dealer's License. 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. I??ECGIl~II~I~NDLD I~IGTIGN: Move to approve the iterms as listed on the business license agenda for September 8, 2008 as presented. COUNCIL ACTION: 138 T(? CITY COUNCIL September 8, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Suburban Air Cond. 1290-A Osborne Rd NE, Fridley $60 Schnapp PI & Htg 682 125`" Lane NE, Blaine $60 *Professional Mech Serv 6176 Mili Run Rd, Monticello $60 *Landwehr Const. PO Box 1086, St Cloud $60 *Nedim Frij and A & N Pro perty 1477 105`" Ave, Coon Rapids $60 *Sentra-Sota 13075 3`d St So, Waite Park $60 *MD Mechanical 5134 60t" St SE, St Cloud $60 *Northiand Fire & Security 4445 W 77`" 5t, Mpls 55435 $60 Lawrence Sign Co 945 Pierce Butler Rte, St Paul $60 *Flare Heating 9303 Plymouth Ave N, Golden Valley $60 MOTOR VEHICLE SALES LICENSE PD *Hatem Auto Sales 2323 37`" Place $300 139 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September 8, 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 1271.32 through 127284 in the amount of $ 1.,545,816.62 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 140 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 09/04/2008 11:21:49 Check History GLOSOS-V06.74 COVERPAGE GL540R * *** C O U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * Report Selection: Optional Report Title.......09/08/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 127132 t.hru 127284 thru thru thru t.hru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 Y Y 141 ACS FINANCIAL SYSTEM 09/04/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 09/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT BELLBOY BAR SUPPLY 127132 643.90 BELLBOY CORPORATION 127133 10,974.65 BEM CONSULTING 127134 650.00 BLUEMELS TREE SERVICE 127135 7,904.83 BRAY/LIZ 127136 360.00 CENTER POINT ENERGY 127137 643.93 CITY OF COLUMBIA HEIGHTS 127138 104,951.59 COCA-COLA BOTTLING MIDWE 127139 2,224.46 COLUMBIA HEIGHTS ATHLTC 127140 303.94 DAKOTA COUNTY RECEIVING 127141 67.00 DEX MEDIA EAST LLC 127142 476.50 DIXON/NAGLMOAH 127143 340.65 EDLUND/DORINDA 127144 95.00 ENVIRONMENTAL SYSTEMS RE 127145 1,114.30 FAST PITCH CLUB 127146 100.00 FIRST STUDENT INC 127147 1,890.53 GREEN POINT MTG. 127148 68.60 HEIGHTS BAKERY 127149 24.45 INDEPENDENT SCHOOL DIST 127150 227.50 INTEGRA TELECOM INC 127151 167.61 JJ TAYLOR DIST OF MN 127152 9,310.01 JOHNSON BROS. LIQUOR CO. 127153 130,937.65 LEAGUE OF MN CITIES INS 127154 155,343.00 MARCO, INC 127155 4,450.64 MARK VII DIST. 127156 25,857.36 MC COLLUM/CHERYL 127157 16.95 MDC 2000 127158 34.53 MEDICS TRAINING INC 127159 400.00 MELLIN/CRAIG 127160 5.47 MILLS/GERALD 127161 52.25 MOSER/.AMY 127162 91.31 NAVARRO/EFRAIN 127163 24.88 NORTHEAST BANK 127164 634,875.00 PETTY CASH - KAREN MOELL 127165 148.97 PHILLIPS WINE & SPIRITS 127166 3,970.65 QUALITY WINE & SPIRITS 127167 16,637.48 RICOH AMERICAS CORPORATI 127168 211.33 ROLLER GARDEN 127169 102.00 SPRINT INC 127170 83.40 STRETCHER'S GUN'S INC/DO 127171 639.00 T-MOBILE INC 127172 266.01 USA MOBILITY WIRELESS IN 127173 32.27 VERIZON WIRELESS 127174 31.32 WELLS FARGO BANK 127175 3,080.33 XCEL ENERGY (N S P) 127176 156.64 AMERICAN BOTTLING COMPAN 127177 755.47 AMERIPRIDE INC 127178 116.11 142 ACS FINANCIAL SYSTEM 09/04/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 09/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ASPEN MILLS, INCa 127179 68.95 BELLBOY CORPORATION 127180 3,549.85 CAPITOL BEVERAGE SALES L 127181 23,202.25 CHISAGO LAKES DISTRIBUTI 127182 6,099.13 DANIMAL DISTRIBUTING INC 127183 1,215.36 EDLUND/DORINDA 127184 131.04 EMBROIDERY & MORE 127185 11.94 FRATTALONE COMPANIES INC 127186 971.19 G & K SERVICES INC 127187 49.41 GENUINE PARTS/NAPA AUTO 127188 199.50 HOHENSTEINS INC 127189 2,502.25 INDEPENDENT SCHOOL DIST 127190 228,451.38 JJ TAYLOR DIST OF MN 127191 9,026.52 JOHNSON BROS. LIQUOR CO. 127192 16,866.58 LEAGUE OF MINNESOTA CITI 127193 10.00 MARK VII DIST. 127194 23,322.75 MEDICINE LAKE TOURS 127195 3,417.00 MEHOK/TAMMY 127196 25.00 OPERATING ENGINEERS LOCA 127197 900.00 PETTY CASH - KAREN OLSON 127198 107.73 PETTY CASH - LIZ BRAY 127199 120.01 PHILLIPS WINE & SPIRITS 127200 6,298.25 PITNEY BOWES LOUISVILLE 127201 287.38 QUALITY WINE & SPIRITS 127202 547.50 SHAMROCK GROUP-ACE ICE 127203 1,158.95 STAPLES BUSINESS ADVANTA 127204 69.90 SUN PUBLICATION INC 127205 44.55 VERIZON WIRELESS 127206 47.83 A TOUCH OF MAGIC INC 127207 175.00 ACE HARDWARE 127208 17.42 ALL SAFE FIRE & SECURITY 127209 75.68 AMERIPRIDE INC 127210 45.42 ANOKA COUNTY LICENSE CEN 127211 8,176.75 APEX CHEMICAL INC 127212 197.25 AWWA MINN SECTION HEALTH 127213 205.00 BAKER & TAYLOR 127214 530.20 BAKER & TAYLOR ENTERTAIN 127215 994.91 BONESTROO 127216 1,722.75 BRADLEY & GUZZETTA LLC 127217 3,468.75 CAL-TEX ELECTRIC INC 127218 110.00 CCP INDUSTRIES 127219 45.32 CENTRAL LOCK & SAFE 127220 10.00 CHET'S SHOES 127221 197.70 CHURCH OFFSET PRINTING I 127222 538.00 CINTAS FIRST AID-SAFETY 127223 419.66 COLUMBIA HEIGHTS RENTAL 127224 19.95 COMMERCIAL ASPHALT 127225 3,235.12 143 ACS FINANCIAL SYSTEM 09/04/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 09/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CURTIS 1000 127226 553.79 CUSTOM BUSINESS FORMS IN 1?.7227 4,587.00 DELEGARD TOOL CO. 127228 74.17 DISCOUNT STEEL INC 127229 46.65 DU ALL SERVICE CONTRALTO 127230 7,591.54 DUN & BRADSTREET CORPORA 127231 704.50 EMERGENCY AUTOMOTIVE TEC 127232 305.70 FACTORY MOTOR PARTS INC 127233 90.01 FIREHOUSE 127234 49.95 FIRST NATIONAL INSURANCE 127235 1,000.00 G & K SERVICES INC 127236 589.18 GENE'S WATER & SEWER INC 127237 5,462.00 GENUINE PARTS/NAPA AUTO 127238 199.49 GRAFIX SHOPPE, INC 127239 108.94 GREEN LIGHTS RECYCLING I 127240 45.89 HARMON AUTO GLASS 127241 253.10 HERRINGER/GERRY 127242 70.00 HOME DEPOT #2802 127243 27.34 HOTSY EQUIPMENT OF MILAN 127244 274.22 INTEGRATED LOSS CONTROL 127245 378.00 KENNEDY & GRAVEN 127246 17,145.72 KIWANZS COLUMBIA HTS-FRI 127247 934.65 KIWANIS GOLDEN K FRID-CO 127248 934.65 LAWSON PRODUCTS INC 127249 59.35 LEAGUE OF MINNESOTA CITI 127250 10.00 LEAGUE OF MN CITIES INS 127251 419.00 CINDER'S GREENHOUSES 127252 500.00 LITTLE FALLS MACHINE INC 127253 698.78 MENARDS CASHWAY LUMBER-F 127254 77.89 METRO SALES INC 127255 761.48 MIDWAY FORD 1:?7256 369.94 MIDWEST LOCK & SAFE INC 127257 74.55 MIDWEST TAPE 127258 428.79 MINNEAPOLIS SAW CO INC 127259 19.08 MINNESOTA CRIME WAVE 127260 400.00 MINNESOTA DEPARTMENT OF 127261 10,134.00 NORTHERN WATER WORKS SUP 127262 391.88 OFFICE DEPOT l:?7263 635.11 ONE-CALL CONCEPT-GOPHER 127264 510.25 ORKIN INC 127265 68.60 POSITIVE PROMOTIONS 127266 51.85 PROSOURCE TECHNOLOGIES I 127267 14,422.59 R W CEILING AND WALLS 127268 675.00 ROSEDALE CHEV 127269 49.95 ROYAL TIRE 127270 358.69 RYDBERG/SCOTT 1?7271 45.00 S & T OFFICE PRODUCTS IN 1?.7272 708.63 144 ACS FINANCIAL SYSTEM 09/04/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check Histo>:y GL540R-V06.74 PAGE 4 09/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT SCHELEN GRAY ELECTRIC 127273 272.96 STEEL TECH INC 127274 452.63 SUN PUBLICATION INC 127275 886.13 SURPLUS SERVICES 127276 16.00 SZUREK/MARLAINE 127277 70.00 T-MOBILE INC 127278 97.17 THELEN INC 127279 218.96 THOMSON GALE 127280 229.97 TRACY PRINTING 127281 209.81 TUBBS/MARSHA 127282 70.36 WW GRAINGER,INC 127283 196.26 XCEL ENERGY (N S P) 127284 52.92 1,545,816.62 *** 145 ACS FINANCIAL SYSTEM 09/04f2008 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 09/08/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,545,816.62 RECORDS PRINTED - 000859 146 ACS FINANCIAL SYSTEM 09f0 4f2008 11:21:52 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 25,555.02 201 COMMUNITY DEVELOPMENT FUND 2,298.87 225 CABLE TELEVISION 3,651.62 240 LIBRARY 4,725.24 261 AFTER-SCHOOL PROGRAMS 2,669.39 265 FORFEITURE FUND 979.80 343 GO PUB SAFETY CTR BOND 2008B 8,836.00 350 GO TI REFUNDING BONDS 2004A 634,875.00 370 TIF S7: HSG & REDV TIF DIST1 13.61 371 TIF T4: 4747 CENTRAL AVE 13.61 372 HUSET PARK AREA TIF ('I'6) 13.61 376 TAX INCREMENT BONDS 27,25 377 SHEFFIELD - TIF (M8) 13.61 379 HOUSING TIF ##1 SCATTER 13.61 385 MULTI-USE REDEVELOPMENT PLAN 13.61 386 HOUSING TIF #2 13.61 389 R8:TRANSITION BLK REDEVELOP 13.61 412 CAPITAL IMPROVEMENT PARKS 1,722.75 415 CAPITAL IMPRVMT - PIR PROD 11,036.47 418 COMMUNITY CTR CAPITAL BLDG 228,451.38 420 C'AP IMPROVEMENT-DEVELOPMENT 22,201.29 432 CAP EQUIP REPLACE-SEWER 8,176.75 436 CAPITAL EQUIP REPLACE-LIQUOR 531.02 601 WATER UTILITY 11,861.43 602 SEWER UTILITY 709.35 603 REFUSE FUND 1,927.48 604 STORM SEWER UTILITY 126.49 609 LIQUOR 302,182.33 651 WATER CONSTRUCTION FUND 5,510.46 701 CENTRAL GARAGE 5,150.23 720 DATA PROCESSING 340.15 883 CONTRIBUTED PROJECTS-OTHER 448.38 884 INSURANCE 156,762.00 885 PAYROLL FUND 104,951.59 TOTAL ALL FUNDS 1,545,816.62 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- CITY C>F COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL54GR 147 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 09/04/2008 11:21:52 Check History GL060S-V06e74 RECAPPAGE GL54GR BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,545,816.62 1,545,816.62 148 CITY COUNCIL LETTER Meeting of September 8, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPRO JAL °`~ r ~ ~ ITEM: Adopt Resolution For BY: Gary Gorman BY: ~; -~., Abatement DATE: September 2, 2008 DATE: NO: 2008-199 to 200$-200 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-199 - 5045 Johnson Street 2008-200 - 4631-33 Pierce Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOT10N: Move to close the public hearing and to waive the reading of Resolution Number 2008-199, and 200 there being ample copies available to the public. RECOMMENDED Mv^ T iON: Pviove to adopt Resolution Number 2008-199, a~~d 200 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: 149 RESOLUTION 2008-199 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property awned by James 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 Cade, Chapter 8, Articie 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 20, 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 15, 2008 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 20, 2008 inspectors re-inspected the property listed above. Inspectors noted that four 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 29, 2008 inspectors reinspected. the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: A. Shall remove the dead tree in the back yard. B. Shall repair the retaining wall railing that is on the retaining wall. C. Shall. repair the support (4x4 timber) pillar on the southeast corner of the house that is deteriorated. D. Shall repair the front screen door that is damaged and has no glass or handle. 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 tt-ris hearing, and any other hearings relevant to the abatement of violations on the property listed above, 150 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. Pt~EPC OP COi1?~CiL 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 151 RESOLUTION 2008-200 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 I I, of City Code, of the property owned by National City Real Estate Services, LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4631-33 Pierce Street N.E., Columbia Heights, Minnesota. And whereas, pursuant o Coiuinbia sleights Code, Chapter 8, Ai~;cie 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 14, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 15, 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 August 14, 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 26, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or replace the broken garage doors. That all parties, including the owner of record and any occupants or tenants, have been given ts~e appropriate notice of this hearing according to tre provisions of the City Cede Section 8.206(A} and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 4631-33 Pierce 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. 152 ORDER OF COUNCIL 1, The property located at 4631-33 Pierce 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 153 CITY COUNCIL LETTER Meeting of SeRtember 8, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: r ~ `~~'- o~, Revocation `' ~ ~'~ ~' DATE: September 2, 2008 DATE: NO: 08-20I to 08-205 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-201 - 4612 Polk Street 2008-202 - 4544 Fillmore Street 2008-203 - 679-81 46`" Avenue 2008-205 - 3727 Reservoir Blvd for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-201, 202, 203, and 205 being ample copies available to the public. RECOMMENDED MOTION; Move to adopt Resolution Numbers 2008-201, 202, 203, and 205 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter jA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 154 RESOLUTION 2008-201 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 Ita Ekah (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4612 Polk Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article I~, Section SA.408(13 j, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 19, 2008 of an public hearing to be held on September 8, 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 l 5, 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 19, 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 Residentia] 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 lII SA306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8621A 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; 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. 155 Passed this ,day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 156 RESOLUTION 2008-202 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 Broadway Group, LLC (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4544-46 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter ~A, Article I V, 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 21, 2008 of an public hearing to be held on September 8, 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 19, 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 ehist, to- Wlt: 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 ai,y 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 F8110 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed. this day of 2008 157 Offered by: Second. by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 158 RESOLUTION 2008-203 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article Ih, Section SA.408(A) of that certain residential rental license held by Alexander Cajucom (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679-681 46`n Avenue N.E., Columbia Heights, Minnesota, v'~'hereas, pursuant iii City Code, Chapter .SiA, Article I v', Section SA.408(~), written notice setting forth. the causes and reasons far the proposed Council action contained herein was given to the License Holder on August 14, 2008 of an public hearing to be held on Septemeber 8, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 5, 200$ inspectors for the City of Columbia Heights, inspected the property described above and noted nine violations. A compliance letter listing the violations was mailed by regular snail to the owner at the address listed on the Rental Housing License Application. 2. That on June 12, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on June 18, 2008 the inspecion office staff received a request for an extension of time and that extension :vas granted to August 14, 2008. 4. That on August 14, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That on August 26, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that six violations remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit. a. Shall contact the building official and schedule an inspection of the retaining wall. Look structurally unstable. b. Shall replace the non-working upstairs smoke detector. c. Shall replace the battery on the lower level smoke detector that is chirping. d. Shall repair the hole in the closet door in the hallway. e. Shall repair the hole in the sheetrock wall between the garage and the house. f Shall snake this unit, 681 available for inspection. 7. That all parties, including the License Holder and any occupants or tenants, have 159 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 F8976 is hereby revoked. 20 The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 160 RESOLUTION 2008-205 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} ofthat certain residential rental license held by "limothy Quass (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 3727 Reservoir Blvd. N.E., Columbia Heights, Minnesota, ~J~'hereas, pursuant to ~r.,ity Code, Chapter SA, ~ir ijcie i~~, Section ~ad .4n8(B}, L~'r;tten n.^~t:CE'. setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 13, 2008 of an public hearing to be held on Septemeber 8, 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 27, 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 1, 2008 the inspection office staff recevied a request for an extenion of time to complete the repairs. An extension of time was granted. 3. That on July 29, 2008 the inspection office staff recevied a request for an extenion of time to complete the repairs. An extension of time was granted. 4. That on August 13, 2008 inspectors for the City of Columbia Heights performed a final mspeet~on at the property and noted one v.olat:on remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. ~. That on August 28, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that ane violation. remained uncorrected. 6. That based. upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall scrape and paint all areas of peeling paint around the exterior of the house. Shall replace address numbers. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8938 is hereby revoked. 161 2. T'he City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3, All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of ~OuFs Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 162 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: September 8, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL e ~ ITEM.: Approval of a Conditional Use Permit for an BY: Jeff Sargent, City Planner BY: - assisted living facility and parking setback DATE: September 4, 2008 ~~' variance for 3801 Hart Blvd. BACKGROUND• Representatives from New Perspectives approached city staff with a proposal to overtake the Comforts of Home project located at 3801 Hart Boulevard. With the Comforts of Home project struggling financially, the construction. on the project has stopped completely, with the undergrow~d parking area, foundation and elevator shaft currently built. Without the proposal from New Perspectives, the remainder of the project would unlikely be constructed. The proposal from New Perspectives includes completing the construction of the project, as well as taking over all management responsibilities once the building is complete. As part of the proposed takeover, New Perspectives would also like to add 24 more units than the original Comforts of Home project incorporated. These units would be located on the same building footprint as the proposed Montessori School, with the Montessori. School not being a part of the proposed plan. At this time, New Perspectives is requesting two (2) approvals in association with the construction of a senior assisted living facility. They are as follows: A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i). 2. A 19-foot front yard parking setback in the R-3 District per Code Section 9.109 (C). RECONIlVIENDATION: The Planning and Zoning Commission held a Public Hearing for the request on June 3, 2008. They voted to recommend City Council approval of the Conditional Use Permit and Site Plan with a 5-0 vote. RECOlYIlVII;NDED MOTION° Move to waive the reading of Resolution 2008-207, there being ample copies available to the public. Move to adopt Resolution No. 2008-207, approving a Conditional Use Permit for an assisted senior living facility located at 3801 Hart Blvd., subject to the conditions outlined in Resolution No. 2008-207. Move to waive the reading of Resoi~rtion 2008-208, there being ample copies available to the public. Move to adopt Resolution No.2008-208, approving a 19-foot front yard. setback variance for hard surface parking for the New Perspectives parking lot. ACtachments: Resolztition 2008-207, Resolution 2008-208; 1'+G Memo; Location Map; rte 1'tans COUNCIL ACTION: 163 RESOLUTION N0.2008-207 RESOLUTION APPROVIl~IG A CONDITIONAL USE PE T FOR NEW PERSPECTIVES WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a conditional use permit from. the City of Columbia Heights at the ivliowiitg Sitc: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot I, Block I, Nart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and I:TO:~,', THEREFORE, BE IT P.ESOLE ~D by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: l . The use is one of the ccnditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 164 Resolution No. 2008-20'7 2 ~. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the %uiiiitiative effect of Gtl'ier i1SeS lii the immediate `/lciiiZty. 9. The use complies with all other applicable regulations far the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall 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. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Passed this 8`" day of September, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 165 RESOLUTION N0.2008-208 RESOLUTION APPROVIl~IG A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR NEW PERSPECTIVES SENIOR LIVING WHEREAS, a proposal (Case # 2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required. by the City Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and. recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related. to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 166 Resolution No. 2008-208 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 8t" day of September, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerlv'Council Secretary 167 RESOLUTION N0.2008-208 RESOLUTION APPRO G A V ANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR NEW PERSPECTIVES SENIOR LIVING WID~REAS, a proposal (Case # 2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required. by the City Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related. to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 168 Resolution No. 200$-208 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall became part of this variance and appraval, and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Passed this 8`" day of September, 2008 Offered. by: Seconded by: Roll Call: Ayes: Nays; Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 169 n ~~ ~~'_ F ~: . 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All Baas pan:atlw',min pafxnq lMiszmis or oEher hartl sadace areasorio messv,','dt oompadetl;a'.K iCreR p¢i Sp Bi of Street frggta9¢ stka:I haveanarcmum ot35o ad>;c lael o(suhab'.a, nar«cmnpaaed wgfar rroW devHOptuaM. fits ~' ' „~(y l{p{akagi R9h1a68 vduma of;aasAa:I be compNSd foedapNy9}}(eel andavrodmum ia eI aa meras»nafetad. .Sap/50=6.6 rounded to7 trees atreei required 2. A{I sodd~ngshaabedana between the paves of April t31h and gdoher 15th. - 41tgPS perl ~rq lglpalVlgqS aW(aSE 3.Arcasin Se saWal ahadtra wa'eratlhaati'dyto pmtide amp"a sn3 mddure arttlshal he darta as Wnat ' •55 P20 Sf qt t S aaeS Of ltlgfeNlWS SUrtgca tau5a erosion. SM lay dF9 SAad begmat the areafaMSSf lrom+he soppy andsha7proaadwilh slaBgaredjaMS and sups tnMad tlgh'Jy Sxl4nall Be ta!d pamrxlwthealoa andpeggedln reverd . , -1.5x4=Bireea required . p motismeN, 4. Maw5yfndallatlmdsha76s welerM ircanedatdyafterlaymg urNlamplesty;9akad artdttcen m"DSO .,,,~ m,a,. saawe °ad "~:°°an' ''R:::„ I! ^ e:e : 7gVafah'J $EB DE!'2p perkigR BpEeeS -as Rarldnq 3a3ge3 m ,,r„ . . . , . ~~ -44120 = 2.Z rqurtded tq 3 trees requited 5. Rpadan mna araasdas7gna;ed nn tae plan aha+l hadn8 secdedWah Tail /V,4i Grass Medws as suppgedMPrtrre Resloraaons, Ina or approved equal. toil seed aENa aro of&igths. paraue. MatenaSS: SodahaU tre any ~tpmved nmserygrawn hybdd, kwua, KenWd;ye!eegmss tdend. Bad sha(loe wep rooted arq well covetsdw~tludgrass. Sad shalt be gee tromnoaoaswaeds and poa annoy The ~- Oxt~rresenresmadgmwmaa nan-mntamang sod. Nkedbarderla be inslatled utraar atldmad artd rakmoactleM Shadlb an armnardal grade pm-e~~gencd weed amrWtatak. landscape edging shaabeCOAraa Standard Edging aappoved agaat iM1ewdaM rakmukllshaY be msia'adin a rreninrandepth ori'thiek LEGEND PfaMflatwlda: Atlpanimatedelsna;twrdam to ara Oe installed'utaaoNanna wah the mastattent Hyllrid 691egtass std edd"wn atlheAroariaa StatMardporhursa Stockas pub!shed try theAmedcen Assedation at Fdl9aelY1lSBPt. andpfale54(Bfmlharl~U"wdI5I817datd4 as 65t8~5had by'1he trd51 attem EdinMlatlae LeMSCape COnslmotEOn Rafare~e h!anad as putrshsd by 4he Minnesota nwseayatW landscape Cy(Xe55 mulch aver e'med barrier-refer rrotas Assodalwn. ttMNalMatMaavlaRpuLemaab:Thelandacapngshay6skspttae~natuss.dadlsarbappams Bid filter plantings not p!dWed an lheappasad tatMSCape GDWR. Thsowneranp tha owners rospcafis agents shaa}aiMty - at~sevsmltybarespwtsat'e~IherdgularweetAng, a~oxthg Ngrass, itdnY~mn kN,aimJ, pun3~thtd Ri~rian{call/w'at)GrassAixture-refer notes othermafrdenance ola'•I pamtrss as needeQ. Requxetl landscapng must ma:meinedmahea y, ' grosuirgeondilion at adtlmes.. Amual fa'rSTr 6atl Rap~aRtglq PlantmalarGSwhkh e>nthi esidenre arinsecis,pasts, diseases ortlamage she? tce Irealedwhen apjaopdaSe,eMa'idead praNmaledalsRall he remosatl antl repaoadvrth aaatherGvng 2.5'Rtver rack pant N at damp!:e s rrih approved lamisrape plan. Pu6ge Letd fry; TAe C6y shaithavalha r'ghl to pant. pnma, rnan!dn antl mmovetrees, ~ Um}4 tandscapa adgulg•rafta notes pants end stwh's m5hn any prMic dghlotwey arpuM.zgmutad4 as mayAenecessaatryYloerrswe Na pmperheelU MNa segeta5an w suaamMingvagetatfon, pregenerat pubt:csetatyorfo preserva or enham a Iha symnHry al 6eaary nt such pu6lin grow nil. ,1~R. P~.ANTING 8CHEDULE rqx-- z i ~~, i ~.~ 8; '~f ' X _ ~ma~,t„ , ~snAMrrN:.yuaw RSVs kSll ldlhdWOS 9ia 8@$ da3~ ~! , I N4dv.'us ( }4 mM1602P 4'ep'C S4 A:U neenara'tdMHed' 25" 6ba 9 ~ i r~; :tM Lxslm Tt':a ementata'6WtvE~a' E5- Bd6 fi ~ ~ "' Ov4rdu4 pn'm(ns 25' Bbe 3 arrn ' Betuac~a 24 Bba 5 np SSnlC qae gXdW4 hCP'01 P5' 666 3 'i~ cocci sa v_~ oMay Pine Rnxe tts*nasa b' Bda 4 ~~:g ~;. :ark Has spruce aces y+xea'0anaata' a' ada 25 IOUl 3d Red Spiandor Uanapp'a i1aLS'A40 Sp:sMw' 2' Bab 5 Eastern Rld~fld Ceres <anadxa~s 2' Ede 3 /t= Artw 6tap'a f argrs'a'rumA' 2' Sae I SYSM wtx Ix n F. ~e dr,zA 6umng amh Enrn}. as d'atus'Campactut t5 font 45 ~ Conroe Pygry &Mary &tbena tMChatgl aVapuy°a'U~T,!an Prpny ea [ant t9 0 Ca`tayelentl been Baa-nond axuta'GlMtae' va Cmt 39 q Gaat&/Cnmxeuw CoWraaster apcu'auu nS Lane 63 UtsterryV.btHfwm ViM1lndYn Wad'm'Bz:ey Carp:tt' P7 Cmt 2e LAmnun Y:d'te ll:dc sytlfiga avlgeiu var. aTa r5 Cml 2l Cuthbert GrvR Rosa Roa'CUanbatfesnt' •2 Cant 59 '~ 15atN gogxWM Lmw55=Kea'A:nN to Corzt 37 j l=n MAy wrttneny Cet xt+L::i.W'/m tkrdy' ,3G Lrnt I0 y fade Prsress Sp~rCa SP resa kpsma'UItlC n~cceaa' r5 Caret 12 P.td spore V(me<b±aty Pax veti0lato'Rt75M~to' CS Cmt. 32 Teehmj PMo-rttae iM.4va a(Otlerla'S7echny r7 EWII 57 SMC' Sa] tp Ca~gryC pat cooper ]?np rus SaDna'I[rnta' a5 Eont <5 J atene`a n:npar Junperous up'ra'Samds' es f ,C 4a (( nuyxs funpet IunpCrax hgnta¢:s Tityta C5 Coot. 21 fa Wtal slA aam a Skier rexd:,t 6!a,e U.scarVUeuianbe S:AatleRU a? Cost 23 - ~,T r t--trr asp °`~~a'`";"~` , ;y~~ ~ `~~r; TYPtCAt 1tl'kte'BEq PILFER PLAN11N6 PLOT - ru a r+{~ ~ 9'ay.:xep'an•.rgsbt»p'•'ad,~apiNmassl: anntl:s dC9lbamlal arAmpeatabaxagk,-a[4aW.naz ~agen+a 7M' ~ ~r t. /I~1 A s ..::.~x.r,~~ EECi16N(IlatroetdaaN: t`=1A' Ysetlcdwfz 4•=SCJ BID FlL'[Elt P6AHf8 Kap SdantificNam¢ GpmmanHama quanEtypartOpst Size B1oomTime tCosa Height 5pxirg Ap Agllitepiapanadensis CaSrmbina B a° pot FAaYJune rail & ya.0a i to 3" 12" As Asaepias syriara OuGerfiyvmed 6 4°pof JWySept orange tlo 2" t2` An Aslarerovae•angfi&a t4ewEr~andAster B 4'pm Aq¢Oa larcpa8aang¢ 4to5' t2" Ca Ceamdws amaricanus taewJerseyTea 8 4'pat Jta!e•Aug wbita ttq 3' tY Em Eupatariummaa!atm 5pottedJoe•pYe B 4"pot JWy-Sept p;nk 2to6' t2° IS ins slxavei Ydtd lds 7 4° pot FdayJune purpta & yPd'cw t W 3" 72° it Lp tdaMt pyEnast'xhya Prai4e Besting Star 7 4"pot JuiySept puap!e 2to 4' t2' !t L Lgbalta'~annNaoria' Carddthl flmvar 3 A° pot Jtdy-Sapt sradat t m 3' 2a' Pv Palxaml mgatun Svd;chGrass 3 4° pot Augpa g 'o-~d 3104' 2a" Pp Palaloafemumpurpurunad Furyd¢Pr~rieGa/et 6 4'pot Jena-Aug pugde 2fo3 72° Rh RtaEeckiahirta 81a•Ic•eY¢d5usan 7 4"pdt June•Agg peitatr6txwm 5103° 1T' 5r Sdidago dgida S@H Gddsra0d 8 4°pot Aappct ya!1ox 2104' f2' 2a Zida away GddanAlexa~xs 7 4° t FA Juno 5'!ow tfo 3' SZ' -~ ~ fi z 8i 6 ~ ~2 M W ~ ~z a ~~~ ax o ~ ~ 3 ~ ~+ E rl- u ~rt'nrt R NN ~ ~3Q~ . @~n~~ri v ~L. .r ~ wc..G ~I?ca~,p, ~1~4r:, r5 g u ~~+ C W °~ ~ ~ l 'ea t ~s P` '' 3 U Ec` ~yd ~~ '.. ti •,~ _~ ~ 'i.~ ,$yra~ y'.~ ~a~ ~_~ t p ~~~ t{a ~, ~~ '`1 "'>.a L~UA M ~.1 F4- _'", 4 ~z ¢ ~ J °, ~ ~ ~ ~- _ ZU g ~O ~ ~~ ~~` 0 Q _I stagy xa L4 172 a- Gv & eDx 6" DIP FCUG VkfBLOCKItkG flENERALNOTES i}1E CURRENT EDRIO,N OF THE E#iMNESOTA bEPARTttEMOF TRANSFORTATi0F1'STA49AAD SPECIFKATWHS FOR CONSTRUCTION' GOVERNS EXCEPT AS L10DIXiE085' THE CITY OFCOLUItatA HEIGHTS CODES, QROINAHCES, STANDARDSAND SPECRICATIONS. FURNISH, GVS'EALL, INSPECT IRNNTAN,kAND REMOVEALL RECESSARY TRAFFIC CAMPAOC SIfiNAGE ALL 1WlFFIC WNTROLDEVECE5AN0 SAaNA9E SHALL.CQNECPRlA TOALL COCAL, COUNTYAHD "TALE TRAFFICW.47ROL GIIOEL4.ES 9ICRYcNTAtTO Pi~,tECT n1C CY,tenP Hilt rrY wcn ............ ..~:,....,. 'OT ^. UATw' ,: ,.. o,. ACCURATEDRALL BSCLUSP,IE CDNTACTGCPIFR STATEONE CALL (85f~54~93B2}FORTHE LOCAttON OF Att LKkDERGR0Uh8 YrtRES, CA9.ES, CONDUITS APES VALVES, MANHOLES, OR OTHER BURIEDSTAUCTIIAES BE€DRE D'GG64G. REP4URA}IYOF THE A90VE tYHICt1ARE RES!LNED OR DAIMGEO DURING CONSTRUCTIbNAT KO COSTTO TNECIWNER THE EXACT IOCATIONOFALL UTRRlES AHD UNIT YCOru"kECT10N5 tt,USTSEVERifIEDPRItXi'(0 CDYIMEHCING WORK tCCATE, flELDVEAIFY ARD PROTECTALL FX15T94G UTR.mE5 AND TOPOGRAPHIC FEANRESPRIDR TO BTAflTOF SITE CON5IRUGTION. U,#IhE01ATELY HOTIFl'TFE EN'GD7 EER OF ANY OISCAEPARCIES DR VARIAT~NS FROM THE PI Ni, SECUREALLNECESSARY PEWdD5 AfID NOTtFYALL U11Li1Y COMPAhiFS WITH UDLETIESON SAE PP2OA TO THE Cf1NSTREIGTION D€ THE PROJECT. AFIHEAE TOALLAPPLIP,ABLE LOCAL, STATE, A.NObR fEDFFtALLAWS FORAktY COST iNYXIRRED DUETO THE DAMAGE OF SA95 UBLR@S. EXISTING SURVEYANOTflPDGRAWiIC INFORfMTIOH PROVIDED 6YCORNERSTONE ENafl SURVEYING INC. HUMPHREYENGWEERIh'GlNC, 1S NOTRESPCfISIBLEFOR THE AGCUMCY OF INFORL#ATtON PAOY10T9J BY OTHERS. UTILITY NOTES CONTRACTOR t4 RESPONSMTLE FQRALL HOIUZONI'ALAI~VERTICAL C1IMAOL ONCE THE ALIGNMENT NAS BEEN E5TA8LISIiEt?9YTHE SUAYEYOR. ADOmONAL COST FOR RE5TAKSJG ANDIOR REPLACING DAMAGED STAKES ISTHE RESPDN318WITYOF THE CONTRACTI'Mi. PROVIDE AJYYANOALL TESTING TO 9{QUOE BUTHOT LR,8TE0 TO SOfLCOMPACTRRkTESTRiC--, WATERMNN PRE51iURE, CONDUCDV(tYAN6 BRCTERIATESTING, SNVITA)TY SEWERPRESSUFIE ANOGL4NDAEL TEST#NG, CONCRET£ WRB AND GUTTERSAMPtING AND TESTIt3GT0 OCCtIRRD LESS THAN EVERYSC4'ANDAODmiMAJ. TESTNG DEEA`.EDNECESSARY BYTHE CftY ORENOlWEER WITH hb AobmoNALGO1,9tENSATNI,N. ALL EXCESS MATER1Ai., DITUMINOUS SURFAC1HG, CONCRETE iTEtdS, REMOVED UDEfiY REMS AND OTHER UNSURABtEMATERUd.3 SHALL BECOR#ETHE PROPERTY OF THE CONRACTOR AND SiAl.l BE DISPOSED OF OFF THE CONSTRUCMRkSITE INACCOftDAh'CEWITHALLAPPUCABLELAWS AA'O R"eGUTAT1tlN5, UNLESS CfTHERW13E SPECIFIED. PROPOSED SPOTELEVATIONS A1ID CONTOURS ARE TO PROPOSED FDJISHEOGRA9E, PAVEt~M OR70P OF CURD, UNLESS 01}~...RWISE SPECIFIED. CARE MUST BE TAKEN DURINGAIL C~15TRUGTIONAND EXCAVATtDAt ACTMTIES TD PRfliEG(ALL SURVEY MONUM"rNTS ANDfOR PROPERTYCOAHERS. REPA6tAWYANOAII OAtAAGE TO EXISTRJGSTRUCTURES ANDStTE FfATiJRES DUE TO CbNSTR{1CSI0#k AGItVRY. All. PROPOSED UTILITY CONSTRUCTN761SHALL BE COMPLETED USINGAPPROVED MATERV:LS, METHOD9O€ PIACEtdENT pNOTE5TItkG AS REQUBIEDBYAtI GWEANLYG SPEdFTCATIONS. NYORM1NTS LOCATED 4'FROM OAOK OF CURB. d1NK(AIN i.9OF COVEROYER TOP OFALL PROPOSED WATERMAkI. idEGAJ.UGB SNAiI DE USED ON ALL WATEAMAItt flFi liv`GS. CONSTRUCTION NATERIALS Sz.ul@@A3rrsti+mAU~ 6'SeR35PYC BA1tfTA8YSEANCENPE 8"500.78PYC YIATER &Ak7 p8E S'GW,ttA53u WA?ER6EAYICEP,PE 6'0,7. C,ti4.£YS2 Rruw.•rtL&»3 6"thP,kA3532 RY@RAt4I3 O'ATEP-0US PAC&t m8f! Fx 6AII t Ri!l~ 2550, ItiY=24t3i~ ~ t t j 1 tk~t 1~ ~~ ~ ~l i L qty. ~a~~ , r~, l CONNECT TO EXISBNG 8" VCP SANITARY SEYfcR U8E.12MC SADDLE YdTN STNNLESS STEEL BANDS R7VERT £LEVA80N AT C0.YNEC8ON 238.40 SHALL 8E VcRiFlEO PRIOR TO CDNNECBIXk. INSTALL tkti ¢It5 4B" DIAMETER RDA ELEV. 241.D0 INV ELEV. 231,7& R-1642 CASING 53' I8' RCP CU9 9 RkSTALL MH gy117 46" DIAMETER RIM ELEV. z41.9o INV ELEV. 237.98 R-1642 CA58N6 37' 16' RCP d,.® 0 .- ..." . INSTALL HYDRANT W/ FR«tSti - - .. ` ..."- ...- .. - .. - . . -_,,,.~.... GROUND ELEV. 254.1~~.__._.. _..... SO m" UiSTALL CD ~It3 48" DIAMETER RW, ELEV. 251.85 INV ELEV. 247.65 R-3067Y CASTNG INSTALL CB /112 4$' DIAIdE1fR RIM ELEV. 249.83 61V ELEV. 245.83 R-3067V CASTNG 6"p1& INSTALL CR ~itf 40" DIAMETER RIM ELEV. 249,26 !NV ELEV. 243.32. R-30874 CA58NG ' INV EI.E$ ~ EFII INSTALL CD 8123 Ord, 3D" ~AMETER s,v: RIM ELEV. 243,00 INV ECEV. 240.19 R-4341n GASnrkG . f Ik ( 8' 72" RCP 0.` 0 1WSTALL C8 >It05 48' DIAMETER ~M E<EV 2so.ze R;V ELEV. 24L96 (S&NE) INV ELEV. 242.33 (E) R-3067V CASTING INSTALL GD ~11a 2'X3' RECT. RIM ELEV. 254.00 f INV ELEV 290.00 { . I R-3087V CASTNG { ~ ! ~_l. _l._ I [ _~ ~ t t ,~ ~ ~; i m r. T ~' R -,; ~~ ',, ~ 9 ~ ~ u ; ~~ ~ ~ 1 /~ ~ `~ ~ ~~ Y t p 1. ~ ~'" ~ /r'~ >~ ' , : , `'.u ''~ /~~ T07 OF Y,1,1 ELEV, 9 ~i`~ FG08tkG 242.33. INSTALL 6' r , ~ DIP PLUG AT END. VERIFY ~/ EXACT END LOCA80N R1TH ~"~= MECHANICAL o } ~ ~m .. 6" SANITARY SEYfcR SERVICE /'~,, ,,' 6 END qEY 241.80. UlSTALL 4 \ ~ ~ Lt EXACTPEND LOCA80N Willi k S2 ", ~ t kECHANICAt. ~~~~256 s 1Lr, f P GT4i16, S1to k.. 4/, ~'c'i .~/~. ~, RkSTALL MN {Sf6 ~ INSTAU. MN ¢122 ~ ~ ~! 30" DIAMETER 48' DIAMETER ~- I RIM ELEV. 246,04 (BM. ELEV. 244.49 w w, INV ELEV. 237.84 Q~, j INV ELEV. 240,11 ~ ~ ~~ R-4341A CASTNG R-1842 CASBFtG INSTALL MH x'101 INSTALL MH X121 48' DIAMETER 48° DIAtbE1ER RIM ELEV. 243.10 RIM ELEV. 245.39 INV ELEV. 240,09 INV ELEV 239.63 R-1642 C44ASBNG R-1842 CASBHG xr i 26'f51RCP~90.%- Fuh237.48 ~ ! H£ ./~ e5 m ~~ ~ n4v=z39.aa 1r . ~~,"'"' ~ 3' te' I R-Y"242.59 I'IV"23T,74 5E CX SA INY.23S2b E °~~ 5Ar1 Po@+2 uiv"23zso- R >P Ri "z4v@ FV=2 8' 15' RCP CLI!I 0 I:OX ~ It "234.70 ~ ~- 13' i8' RCP CLI9 ®~ D.07X (IRCL FES) R!V EtEV C END 240.OD ~. LX SNt f 1 R;YR2a'~ ~ I tYY~ 42S f6' RCP {LYd 60.a2% ~~ .'/ -.117 ,~v6~ 26' 15" RCP Qfi" b 0.67% INSTALL CB ~f03 48" DIAi.{ETER RIM ELEV. 244.64 INV ELEV. 241.37 R-3067V CASING B a INSTALL CD X106 5EE TRENCH DRNA DETNL SHEET 03.1 l l 1 1 ^' 1 q T N t{ ~ i ~ I~ r® Ifs I I 1 1 9 R \I~ I 1 INSTALL CR §109 48" DIN.ffTER RIM ELEV. zstso 6aV ELEV. x4a.sD R-2561 CASTNG 8° 8i0TlLiER UNDERDRNrf PIPE. SEE GRADING PLAN FOR INVERT ELEVA84,NS. n 6t C1 i i u = ~ d/.~'/ ~ INSTALL MH ytGB 61'F ~ - "J\,/ I ~ 48" DIAMETER o ° ~ ~ sIN ~ RIM ELEV. 251.9D 9 0~ I WV ELEV. 245,90 {N) L~ ~ ~ i ~ 6kV E1EY. 244.04 !Yt) c}T 4~ ~4 ~ ° R-1842 CA58NG ',,." 1~ M~ ~r ' ~i2"RG~ CL~ 0 L0X ~ :w" w„"e ..._ .....~ ~ i INSTALL MH X104 ~ t~ RISTAIA Ca y107 4a` DipldETER 48" DIAMETER RiM ELEV. 247.60 RDd ELEY, 247.50 INV ELEV. 241.85 INV ELEV. 242.98 8-3642 CASTING ~ ~ R-2561 CASTING RkSTALL MH §102 48" fNAMETER RIM ELEV. 245.40 INV ELEY: 24D.71 (N&Yt) INV ELEV. 240.94 (S) R-1642 cASnNG INSTALL CB ~t20 2'X3' RECT. RDk ECEK 244.74 WV EIEV, 241.24 R-3907V CA58NG 30' 12" RCP CL'(0 I.OX FtJTIH2E SANITARY ~{4ER AND WATER SERIICE CONNEC80NS DY O1NER5 aexi:~&.ea . L `~-aIX SaN ANN-13S:pV CONNECT TO E%iSflHG TO" @7ATER MNN. ASBUILTS kNSTALL MH.~11B tIA"=23aT a ~U'2;r.~ erv=2?F.19 ~ DIDICATE A tG'Xt0° TEE WAS INSTALLED AT THE 48" DIAt,1ETER CONNEC80N pOBiT ri1TH THE RUN TD NORTH AND RfM ELEV. 24290 fNSTALL MH X119 48° DIAMETER t3RANCH TD WEST.INSTALL A 16"X&" REDUCER TO INV ELEV. 236.14 TEE AHD 8" GAVE VALVE IMMEDIATELY AFTER. R-1642 CASING RIM ELEV. 242{0 INV ELEK 238.66 R-1642 CA58NG ~'`~,, ~"~~ CONSTRUCT MANHOLE "Cl !J~ ~ i GOPHER STATE O~IE CALL SY$TEt~ 651.454,db02 DYER E%I58NG I6" FIPE 173 tFd3HT$+7C HUS'DAFEYEN0:IEE{LYGL`:G(h.@¢ lS'LP,uHT3PE3EAYE0. lf'~'SEC`Y..tRtE'2BABEN1643fPo1A(:HFGf3AYdF3R'LA4EA¢FitOPOtT}CFOfEI AtiO GAVlbT O?lREap}f~?C^@YiiRi@UiGfi54NRRiQ71d(, 8" 010FiLT£R UNDERDRNN FTPE SFc GRADING PLAN FDR INicRT ELEVA80i15. 1~a '~ IWU ~i ~. ~ fir'. ~^~r C3':m i. k ~~~ i 4 ,~B3~~j a ~ 11 4.t iD ,~.'r+, . {, ~°~~ M a~a N gn e ° $s > °~m~`o ~ ~Qtl~~ ,2,n C£ .~ g~T$§8~ o „4~6$ ~ py -c " " a3 0 ~ U n „o p _ i m ~Y Y' ri E i ~ % e 1 ~ s u u ° .0.D c zo.~ -n c w s ~ ~ a _1 .: C ms ~roA. { ~!~ C ~ E ,u m ~ S ~, V ~ 0 0 N h n ~ _ ~, F ~ ~ Z a Q ~ l7 L~ ~- ~ ~ ~ ~~~_ ~ a ~~ 'rte ~ P54 t0.C6A6 eks.C9 tae vmcs e m PRaxTna 4154TD2 °~"vH~` JOH caEaGa6r: JRR 10.00.00 C~.1 0 m 0 0 a a O 0 :~i h a U O 0 I ~i i w GENERAL NOTES THE Ct6lRENT EDRION OFTHE td8{NESOTA DFPARTlAEN3' OF TWllVSPORTAT70N 'STA'NDARD SPECRICATIONS fORCDNSTRUGiiON' GOVERNS EXCEPTAS MODIHED BYTHE CRYOf COLUldBLt HEtGTTTS CW ES, OROfNANCES, 5TANDARDSAN6 SPECIFICATIpNS, FUPNISN, U{ST%L, RdSPECT, kUUNFAINAM' 7 Rc'tdWE All. NECESSARYTRaIFOC CBNJTROL 3IGNAGE. ALItRAFf~CONTROL DEVICES AND SIGNAGE SRALLCflNFORkt TORtt LOCH, COUF.'TYANO BTATETRAfFlC CONTRCLGUINEL8NE5, INC~ENTAL TO FAf1ICrv! mE EXISTING tfFfLTTY INfORJAATHP,i 5HQWNaYTHESEORAYHNOS ~ NOT GUARANTEED 70 BERCCURATEORALL B{q_USNE CaV7ACTGOPHER.STATE ONE CALL {89t~45441002J FOR THE LOCATiaN OF ALL UA"6ERGR W ND WIRES, CASEES, CONDUITS, PfPES, VALVES, kW{HOLES, OROmkR BURIED BTRUCTURES BEFORE OIpGV{G, REPAMANY pFmEADOYE WfdCN AAE REMOVED ORDAhbiGED DURJNG COtdSTRUC710}N ATNO COSTTOmE 05YHER THE EXACT LOCATK)N OFALLUTILRIES AND URIITYCONNECHaYS MUST SE VEREIEO FR10Ri0C0fdMEA'CENGVdOAX. COCATf, F4ELDYER!(•Y ANTI PROTECTAiI EX~Si1NG UT83TIE8AtrII TOPOGiLtP7 CC FEATUAE3 PRii7R Ta STMT OF SRE CONSTPoICTION. IkRdEDiATELX NOTIPYmE EHGLNEEROFAh"f tHSCREPANCiES CR VMb1TtONS fRp7A mE PLAN. SEpIREALL NECESSARY PERMRSANO HOTIFYAIt UTlLfiY CCtdPAtaE3YflTH UDt.iHES ON 3lTE PRIpRTO m'eCONSTRUCTtON OF TNEPROJECT. AfXtEAETO AIL APPLICABLE LOCAL, STATE,ANDIOR fEDERAL LAVdS FOR ANY COST R{ClfRf~DOUF TOmE DAMAGE OF SA93 UTILITIES. EXISTNNG SURVEYAMD TOPOGRAPHIC kYFORMATiON FRONDED BYCORNERSTONE LAkBT SURYEYLNG B{C. NUMPNREYERGBTEERlRG UNC. IS NOT RESPONSWLE FORmE ACCURACY OE WfQRMATEON PROVf0E0 BYOTNERS, ~1''t$4v~r5v` ~~ ~ .4 ~ ~ 't \ t i ~~,4 4 r i 49a.09 g 1~4 yrli\\\ 1 11{ \ t ~ 5.e9 "yy \llNtt~\t6l t y ` i \vrttYl~ri~, , 4. ~~ lrti}\i l°~, tt ',~~, \ ~' gz.a z3s.za 1 l l s'iJ }J t ~ '• i~ t1 i 1q4 '~...'L ' ~ 53. ~ i l'tt 9 \t~ 1 ~ `~ ~. t}\4d1\l ,~Tyvy, ~ ~~~ ar4 ,\ ,V f_. ~4t11\,141 1 \~ ''~ ' 4 1 t / 14}1l}„4\~CC. \ t 4 a \rl}t 1}ti A ~r 1~-C7~ _ 4 .1 \1~4;\ 4 1 'S 1 Cry \ '°~' ,;;qay f /,~ ~-.-•-- ~~ `,,` ~ '°-- tAATCti EX[5DNC C&G . _" i 1 ;1 /•~ ~~ ,, t t , , 4ti1J.. A d •. i._ .. ~.._2_' yam./. ~:@ _ - -- ~-`_ i..gy-i ~ i ~ir~7T 4°'ll\\I~t4tt~i~, l; ~ ,f`5 u253~1 - `., a.Si "`.~,.~ ~'~, ___~~«i` ~<e1~ ~ ~~~s`7 ~ ~~ ~ (~~ii, 1 n1, f /` ~~ /f ~ 41111`}il \t1~i ~~ _ it f 1r t\--_~....-.-....-.,..^ --__~ If ~ ~ \\~}1`k~ \ 2 .. .-.._ ~, 1 •.4`_141.`-_.._: ~:._.._ _.. _-- --_---_____-- \ ` tl\1l~'a~lrr~\ ~1 ~ ~ ~i ~l ,~ r ""•'°' "~ .~~ f \ z 153eT3;~ 5' ~ ~ \ ~ r ~ i 4}ArA1~\ 'd ~ ~ 1\ a ,1t 10 41y ti}+~rt\l\ 1 \St rltlltt ' 4 144}tt1 ~v v, ~ ~ ti f ~ I i v t \ \ ~ j 1 1 i' "LS3,'D2 255.28 ~ } ' I r2gst ss 4 2ssse 4 E 4>es i t .r ~ ~,, a5 /~ ~ 2~.td 1 ~/ t ,, yg451 ~ ~ ~ ~'~ ~~255.46X255.a6 4,74 ~' ~ ~ .^.~,~.. .r , ~ `s3 41 , ,9 1 ~ 54. `, ' sai ~' .A18 i / i _ f / \ 264. ~ _X ~. S45 f !.; Y 454.8 ~ 1, 608 ~/ ~ x5.36 /l YS& X~ 294.3 ~ 9 f~ 4.93 ~ 4 / ~' 1 43 ~. :ci , ( / 55 E ~ r l4t}~t1y \ r (aa 1F ~ ~~ i-- IB ~'r4tlrtll4.~ A 1 r .,+, tt4 8 j 3.85 7! ! ~ ~, C _ r"~x93.3 of xra: zuo ~~4tt}4tt ~'.\ ~ ~~~' 141 2 L+F6 n~ 3:58 :E' x kJl ~.9i A Ikl ~~t }l\ ""~,,.4 s t gz37 2sa.< q oP2tOPOSEU BDIIDING ~r ~ t\4 1 t } 'N3 i ti ts4.41 q ~' 1 GRALIINGNOTES "'ld4\,t~t 1 ~, i \' y4 _ 5285 `t"SA4a 29,166 .~ Patin t DETAA °'~it4l1}l~` ~, t i ~xa9. ' t ~3¢ sa.oi ° ! FPE 255.56 ~'~~ USE ONLY S1IRABLE!'S,iERL}I.ASAPPROVED BY THE ENGINEER fOA BUhOiFiG FAD ¢llllt:j}! t t ~ N ~ -, LF& 244.63 55. AND STREETCONSTRUCTION. REMOVE CAi9UR'ABLE ANb llN8TA9bEMATERW.B 41it1~ 1• i ` ,,,~-. .23 ^' ~ INCLUaHG BUT N07LIMIIED TOTOPSOIL, ORGAN{C MATERIAL,AND DEBRIS FROM ''~\ilill~ \ ,.^s6'~' ;, IN u l ~ >q.~ mEBUILOfNG PAD ANO STREETAREAS. CO}1PACTTHE UPPERSFEETOF ~4}\4y \ } 4 i ~ r,~2zlao i'u ~ / Ek69ANKMENTLiTHES'fREETTO 180960E THE STANDARD PAOCTOROEt{Si'TY. 4+11~ } ~ ~ ` 5 \ ! 295 '/-!• COMPACT STREET EMBANKRYENT36ELOW'ME t~PER3FEE'TAND BUtIJiWG ~g 4~ri4ilt l' \\ r 1 ~48. c. L4$ ~ p q 1c ,9.d8 ``.___ FOUNDATfOtdS TD N'O LESSTWdJSS%Of mESTANDAAD PROL'TOROENSTfY, k, tit14°itilj 4~, ~ ` ~t ~ 54.85 q q g BACiffICLAt1 BELOW GRPtlE IXC4YATlONBIMM1SEONTELY UPON RE7AOtAL pFTHE 141 ~i~.e ~Illtit~}lt Yv2a8 i ~`Ti c, 1 `~Y ~' `~\~~ ~ ~ q q ~'\~_ UNSUITABLE SOILS. P.AT:KPILL IXC.AYATtONS ADJACENTTO EXISTBiG PAVEMENTS bi { ~ f<8, _ ~ _ !2~' T~ ,r q 4.75 PROIMTLY TD AVOID UNOERlNNNNGOF mEEXL3TiNG PAVEMEM, 114tl~it \t Y} ~ `. \t ~ jay ~~. 4 nr: / q y. 1t i ~} ` 9.bT S1d.VAGE AHD PROVIDEAML11Ik4tIM DEPm OFB•IHCHES OF T0P3D9.TOA1LAPfAS P~x~~ 1111~.t \ 4 ,u l~` 1`, , ~1,1 >p2 ~\ 4.5 .4 ;*`- IIISTURBFO BY CONSTRUCRON CONTRACTOR IS RESPON3181E FOR ALL HORTZOMTA! AND VERTlCAI. CaNTRa. ORCE THEALIGNMENTFUS OEEtt ESTABLISHED BYTI{E SURVEYOR. ADDITtpNAL COST FOA RESTAKING Ah'DIORREPIACiNG DAMAGED STAKES IS mE R'e5PaY5f881TY OFmE CONTMCTOR PRONDE ALL SOIL TESTING AT INTERVALS f,Yt LESS Tt6U{ EVERY 5C4' AND klMiUIONAETESTk`iG DEEMED NECE55MY8YCIlYSTAff, GEOTECHtBCAt ENGINEER OR PROJECT ENGINEER WffHND ADDITIONN, COtJ.pEN34TIpN. mE SPEC~IEq DENSITY k1EmOD OF COMPACTION IS REONRED FORALLPORTIONS OF PERdANENTCONSRttR:TiON. BTANDARDCa'dPACDON LSREQU~RED FDRAtN TEfNrDRMY CONSTRUCTON. DISPD~ OFALL EKCES3 MATTRIAL BR11MkN0US SURFACING, COh'CRETECTEInS, PEMWEO UTftITYiTEMS Af/<30mERUNSUTTAELE MtaTERNLS OFFmE 4%NdSTRUCTtON SITE9NACCDRDANCE WImALLAPFLiCASi.ELAY.SAND REGULATIONS, UNLESS OTHERWISE SPECIFIED. PROPOSEDSPOT EI.EVATtONSANDCONTOURSARE TO FlN~NEDGR80E, PAVEMENT 5'URFACE ORTOPCn°' CURB, UritE8S0mF~4T5E "aFECiFE;O. 11kV~4 V 1 ~ ~ ttt x+ 1 ~ _i_ k~~11i~1 } 4~7 }. ..24~f 1t41 4 `i 8XF z4ss t t,~ E \ 1` l - ~ .5365 ` ''- i 252. ~ ` II "~ $ ~szo _. . 4 rrA WES d C ~ l . j Yp Pa ~ 5270 k ~ T 53. ~ 8 ~ i } t ` ~4'11. ~ t 5 ,l i ~ ~ ~ ~ ~• 449 ~ 4 HART 4~~ ~, , t la, ~ 4s1 g 245 ~ ~ t \ t d~ ~ . lag ~ ` tt l, _ ~ 1 N~Z 299.7D ~t1`I <} 4 \ 'I d 4 . a 1 ~ ~ 1 ; ~ ~ ~ ~ .~ E23~„ uiss 5~ 1~ }. ~~. rR zxi t.T ' " ~- n IODYR fITit, 240.56 t ~ ~ y i ` 1 ne s ria sr We~T V TA9i(X9 P (II ~ 1 ~ i i 1~ ; ` ~ 250 1. " - HWt~O ~3:D, S~Dyrt~IwL .3.37 ; I 1 3... ~ .» ~ ,- i i,_. `~ A MOTIF; THE C;TY Of CRYOF Cu"EUMSut HEIGHTS, PUBLIC WaiKS Dc"PHRiiA^"_fi,4S ORA6IN6 F°~iT~"`\ HOURS INADVAttCEOF i'iORHING WDHINTHE iUGHT OF WAY, CITY R{StreCTORS MUSTOBSERVE ALE WORK CaVPLETFD, IMTXUDING THEREMOVALOF EXIST@iG CURB&GUTTER, EXCAVATION OF TRENCHES,PLA.CEMENT GF STORM CaNSTRUCT WOOD POND SKIMMER. DRATN,CONHECTIOtwS TQ EXISTING UTILITY FRIES, BACRFRLINGAND REPLACEM'cHT S£E DEFAit SHEET 63.f pFBiRWINOUS PAYEFnENTA'iOIORCO,\'CRETE CURBtJ~GUTTER ___. CO'dPCETE ALL PROPOSED STREETCONSttiUCitON USWG APPROVED MATERIALS, tAETH00S OF PtACEMENfAND TESTING AS REOUkiEtI BYA!LGOVERNING %£'T SEOgdENTATIa'J POND /2 SPECIFICATIac{S. N8L 24D.D, 1DDK HVA 24D.62 CARE MUST BE TAKEN DURING CONSTRUCTIONA1dD•EXCAYATIOA'TbPROTECTALL ~~,, SURVEYfMTNUMEMSANa'OR PAOPERTYIROIiS au AND AOJACEHTTOTH{S STTE. f ®~~~ ` REPA!RALI IIAA+AGE TO EX{STih'G FACILRTES RESULTih'G FROM CONSTRUCTION !'fig ~• - ACTNRTES AT NO COST TO THE OWNER. GftA6TNG L131i.T$ ~;~4,: ~, a RROwOEASfd00mANDTFiORDUGH TRANSI'RON BEi4'IEENPROAOSEpSTTE ~~ -•' -•' GRADES AhODRAINAGE WAYS AND EXf5TING8URR0UNDLNG SITE GPAOES AND ~~%~ ~,.%•:'._-.-~"~-~'~~- OPAIMGEWAYB. ;ds`^'~~.'l .•'' "-"--.-'- y/u RIPRAP SHW.LBED60=t2', UNLESS OTHERWISE SPECIFi~, ^;=`R lr ~/• i ,-, AIL CURB AND GURERSHALL BE CO;NCRETE8812, UNLESS OTHERW~E SPECir"IEII. ;:.ia+• ! c-'"~' SEEDETAtL, 't'=-"' "~..,..,,~-----~e,...e.......m... WR1TTc'NOt}dENS(ONS FREVAR.OVERSCALED DEM'cNSi0fd5. _ EXISTING SURVEY t'VERTIGAL CONTOUR INTERVAL, CtTYOF AlINNfAPOlLSVERTICAt ^------~ DATUM. VARUISLE CON(OUR INREAVALFORPR~SEDGRMGNG. - ------- -- C4NTAACTDR Td ENSURE THAT U1ND DISTURBANCE DOES NOT OCCUR DUTSiDE GRADING LIMITS. GOPHER S7ATE ONE CALL SYSTEN165i.4547fl002 OaGR(NeaHi2~At1YJYfYRcT E{a:NfERXG Vtiti. ¢i61k All R~GM6 R:SEAYEO. iHE564G4JS~MShcffA9 W9tRt!7':170F85A'9 AREiFEP2(k"EAIYQFtEi p110 NAY EUT8EU6E5 WN CTr4TO0D POND SEE ~NEFT C3,I i i ! 1 4'. 7 I~~' ; s t i f ./ ~'~ld, , ~ /r tr I ~dd r' I t ~t ! 4 jj t ,7 TI ~ ,S } !({r d c i / +1i 1~-.- Y_-'111 1 .. ii .1 1 rig + i T ~~+ f7 t ~, ==~-~ a~i` 21 ` °~V~~M I I I_~ BIOF(tTER ;$f 8OTf6M ELEV. 259.5 TOP ELEV. 2525 ,Siti:a] f C I E ~ 4: f< v ~ i f P"RatZflA / r ' INSTALL 8812 C&G TO WS9N FLOY~UN£ AT PRCPFRTT LINE »>„ f w,^t.t~ J 60IF1LTER ~2 ~''~"~'' - O1TOM EtEV. 248.D -TOR ELEV. 249.5 ~,maut i ~ f • h47t E t xast t¢ I as.xa"°S'~ 2a ~~ ~! • 0xmi~? ~ I I f ~ ~ I ~ ~' zc s ~ i ~zt~OPDSED~i&1'tslL_ 4 , ~ , 207. ~~ BUFLDII4G '- -f ~-- '~ ' i I i< ii,o~a sx /r ~ ~ ~. ~ _ "2es~ 24$.6 / _ ~ " i 4 111 ~ 454 Z47A / >7~' L ` ~J €'24a.i ~ ~ fAA ~ ! ~ 2a7Ar }},, [[[ I. ii ~ ( , ~" ~.I 247.0 ; / /U f !!! .7 1//,~`. < ` ~ 45!9 47.95 - ~ ; ' _. 7B~i' 07.92 -2 - , i :~ u11~ II ' 4:..__._x____-- - yf c(= t" _ c..._____j 247.05- 4fi00. ..' 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'~ ,~~.. ~~~. ~~E ;~. 175 CITY COUNCIL LETTER ir'leetin~ of: September 8, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ' n~~ ~ '~ ITEM: Ordinance i 557, An Emergency : Scott Ciark E r rs r Ordinance Repealing Ordinance 1546, An DATE: Sept 8, 2008 f~ °°;f ` Interim Ordinance Establishing a Moratorium on the Issuance of Residential Rental Occu anc Licenses Baek;around: On May 12, 2008 the City Council. adopted Ordinance No. 1546 declaring a moratorium on the issuance of residential rental occupancy licenses on properties not licensed since January 1, 2006.Over the past four months staff has been studying the City's overall housing market and specifically focusing on rental properties and. the effects of the foreclosure market. At the August 26t" City Council work session, staff presented various recommendations and. the Council directed the following actions to commence: 1 } For all new and/or transferred rental licenses an initial. inspection will be made by the City's Building Official, to determine both structural and habitability issues based on the City's Property Maintenance Ordinance. Staff is recommending to the Council an initial set-up/inspection fee of $250.00 (This is comprised of the Fire Department's normal $90.00 charge plus $160.00 for the initial inspection, follow- up inspections, etc). 2) Development of an AbandonedNacant Property Ordinance 3) Review of external funding sources 4) Staff to examine housing purchase opportunities 5) Staff to bring back to Council programmatic ideas aimed at strengthening the City's housing stock Based on the aforementioned items the Council's general consensus was that the moratorium could be lifted. Staff did present at the meeting that there are currently 30 known properties that are waiting for rental license approval. Recommendation: Staff recommends approval of Ordinance No. 1557, which Repeals Ordinance No.1546 Recommended Motion: Move to waive the reading of Ordinance No. 1557, there being an ample amount of copies available to the public. Move to Adopt Ordinance No. 1557, an Emergency Ordinance Repealing Ordinance 1546, "An Interim Ordinance establishing a Moratorium on the issuance of Residential Rental Occupancy Licenses, per City Ordinance Section SA.401, on properties not licensed. since January 1, 2006 Attaclzznents: Urdizzazzce No. ! J J /, Urdinance IVO. 1 J COUNCIL ACTION: H:\City Council\Letters\2008\Ordinance No.1557 Rescinding Rental Moratorium 9-8-08 176 EMERGENCY ORDINANCE NO. 1557 AN EMERGENCY ORDINANCE REPEALING ORDINANCE 1546- " AN INTERIM ORDINANCE ESTABLISHIlVG A MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LICENSES, PER CITY ORDINANCE SECTION 5A.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1.2006" On May 12, 2008 the Columbia Heights City Council approved Ordiance No. 1546 declaring " An Interim Ordinance Establishing a Moratorium On the Issuance of Residential Rental Occupancy Licenses, Per City Ordnance Section SA.401, On Properties Not Licensed Since .Ianuary 1, 2006 ", and; Whereas, the aforementioned. resolution detailed the rationale for the moratorium and; Whereas, the City staff has conducted various studies regarding the City's rental environment in conjunction with issues associated with the foreclosure market, and; Whereas the staff has from time to time provided information to the Council regarding the subject of the moratorium, and; Whereas, on August 26, 2008 staff presented its findings and. recommendations to the City Council at a specially called work session, and; Whereas, the staff has been directed to institute for new or transferred licenses a rental inspection process utilizing the services of the City's Building Official, and; Whereas, the City Council on September 8, 2008 passed Resolution #2008-198 authorizing a $160.00 initial inspection fee, and; Whereas, the City Council recognizes the needs of many residents to rent properties, especially single homes, but wants to ensure the community as to the structural integrity and livability of rental properties per City Ordinance; NOW THEREFORE, BE 1'1" RESOLVED, As evidenced by this resolution, the Columbia Heights City Council terminates the rental license moratorium as described in Ordiance No.1546, passed on May 12, 2008. Staff is directed to start the process of licensing new or transferred rental properties based on inspections conducted by the City's Building Official. Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC/City Clerk 177 ORDINANCE NO. 1546 AN ORDINANCE ESTABLISHING AN EMERGENCY MORATORIUM ON THE iSSUAivCE Oi~ icESIivEN T I.Ai, REiv TAi~ OCCUPAi~1C Y DICE NSES, PLR CITY ORDINANCE SECTION 5A.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006 Whereas, Mn. State Statute 462.355, Adopt, Amend Comprehensive Plan; Interim Ordinance, Subd. 4 authorizes a City to establish interim ordinances to regulate, restrict or prohibit any use ar development in ail or part of the City while the City ar its planning department is conducting studies, or has authorized a study to be done, and Whereas, the City of Columbia Heights is desirous of using this legislation to temporarily suspend the issuance of new occupancy licenses, per City Ordinance SA.401, on properties not previously licensed since January 1, 2006 City, and Whereas, the City of Columbia Heights has seen a marked increase of 156 additional properties licensed for rental within the past three years; specifically-618 licenses in 2005, 722 licenses in 2006 and 774 licenses in 2007, and Whereas, neighborhoods are experiencing additional marketing difficulties as shown by the City's significant foreclosure properties (estimated to be 277 properties at the time of passage of this Ordinance with an estimated minimum total of 300 properties for years 2007 and 200$}, as illustrated on a map dated May 5, 2008 and held at the Community Development Department as reference, and Whereas, the City of Columbia Heights has concerns with increasing rental property demands and the ability of these rentals to potentially have Yong range effects on selected neighborhoods if not properly controlled. The sharp increase of rental properties may create greater crime and property code camplianee issues, decreasing property market values and destabilizing general community health, and Whereas, the City can reasonably expect that the demand far more rental housing licenses will increase due to the number of city-wide foreclosures, which is estimated to be at a minimum 375 units for the years of 2007 and 2008 collectively, and Whereas, the City needs time to properly plan, analyze and potentially implement new ordinances, programs or strategic policies, and Whereas, the analysis to be undertaken will include: 1) Development of a community health inventory (which will consist of compiling data of crime, rental rates, reinvestment through building permits, sales, housing values, code enforcement issues, etc.) in order to determine specific neighborhood issues 2) Determination of the impact of the City's recently adapted and modified International Property Maintenance Code 178 3) Determination of the need for a Residential Inspection before Sale Program 4) Determination of the effects of the foreclosure market on the City's renial ana singe family housing environment 5) Completion of the City's statutorily required Comprehensive Plan, 6} Development of a Master Work Plan to deal with identified issues, and Whereas, the City Council for the City of Columbia Heights has determined that a suspension of new occupancy licenses is critical to preserve and maintain the health of its neighborhoods, Now Therefore Be It Resolved, that the City Council of the City of Columbia Heights ordains: 1) For a period of six months from the date of approval of this Ordinance, na occupancy license, as required by City under city Code 5A.401 will be issued for a property that has not previously been licensed by the City since January 1, 2006 2) This Ordinance shall be effective upon passage. Offered By: Nawrocki Second By: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehrn, Kelzenberg Gary Attest: .~-- Patricia Muscovitz, CMC City Clerk 179 CITY COUNCIL LETTER Meeting of: September 8, 2008 AGENDA SECTION: ITEMS FOR CONSIDERATION NO. ORIGINATING DEPT: Finance CITY MANAGER APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: William Elrite BY: -~' ' PROPOSED BUDGET FOR THE YEAR 2009, SETTING : I '° - THE PROPOSED CITY LEVY, APPROVING THE HRA DATE: 09/04/2007 LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2009 NO: Attached are a draft resolution and the council packet that was discussed with the City Council at the September 2, 2008 work session. At the work session the City Manager and Finance Director presented the budget recommendations. The levy for general operating expenses, including retaining the 27`" police officer and adding a new crime prevention specialist in the Police department, amounts to an increase of $286,582 or a total levy increase of 4.14%. The discussion also included levying $75,000 for utilities and maintenance for the new gymnasium and $50,000 for the new public safety building. If these amounts are added to the levy the total increase will be $411,582 or 5.95%. Another item that was discussed was the sale of a bond for the improvements at Murzyn Hall. This bond could be sold with the first debt payment due in 2009 which would increase the levy by $93,640, or the debt could be sold with the first payment due in 2010 which would delay levying by one year. If the bonds were sold with the first payment due in 2009 it would bring our total levy increase for 2009 to 7.3%. Also discussed at the meeting was the debt service for the public safety building. The levy for these bonds was approved. at the time that the bonds were sold and was discussed as more of an informational item. RECOMMENDED MOTION: Pvtove to waive the reading of Resolution 2008-210 there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-210 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $7,328,477, establishing a budget hearing date for property taxes payable in 2009 for December i, 2008 at 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $267,561. ALTERNATIVE MOTION: Move to adopt Resolution 2008-210 being a resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $ ,establishing a budget hearing date for property taxes payable in 2009 for December 1, 2008 at 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $267,561.. WE:sms 0709051 COUNCIL Attachment: Resolution 2008-210 COUNCIL ACTION: 180 RESOLUTION 2008-210 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2009, SETTING THE PROPOSED CITY i_EVY, APPROVING THE HRA LEV`t, APPROVING A TAX RATE INCREASE, AND E$TABi.iSHiNG A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2009. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2009 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 9,652,718 Community Development Fund 645,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783, 847 DARE Project 5,700 Infrastructure 279,017 Capital Improvement 336,428 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 270,351 Debt Service Fund 2,111,450 Total Expense Including Interfund Transfers 32,870,124 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2009: Revenue General Fund 9,652,718 Community Develapment Fund 645,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvements 336,428 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 270,351 Debt Service Fund 2,111,450 Total Revenue Including Interfund Transfers 32,870,124 181 RESOLUTION 2008-210 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2009, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2009. Section C. The following sums of money are levied for the current year, collectable in 2009, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 6,675,262 Estimated Library Levy 573,215 Estimated EDA Fund Levy 80,000 Total 7,328,477 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2009 in the amount of $267,561 BE IT FURTHER RESOLVED :That the Gity has adequate fund balances and reserves to pay 2009 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED: That the City shall levy for the General Obligation Bond Series 2007A (Infrastructure Fund} in the amount of $130,587.20, 2008A (Public Safety Building) in the amount of $357,659, and 2009A (Murzyn Hall Energy} in the amount of $93,640 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2009 that is higher than the tax rate calculated for the City for taxes levied in 2007, collectable in 2008. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this ------------------- day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 182 City of Columbia Heights Summary of Proposed 2009 Budget Prepared 08/28/2008 Attachment "A°' 2003 Adopted Budget 2008 Adopted Budget 2009 Dept. Proposed Budget 2003 to 2009 Increase/Decrease Amount Percent 2008 to 2009 Increase/Decrease Amount Percent General Administration 1,573,370 1,580,225 1,649,071 75,701 5% 68,846 4.4% Fire 916,572 1,159,768 1,290,806 374,234 41 % 131,038 11.3% Police 2,786,587 3,075,586 3,554,889 768,302 28% * 479,303 15.6% Other Programs, Cont, Transfers 877,465 546,029 516,934 -360,531 -41 % -29,095 -5.3% Public Works 2,064,999 2,179,146 2,264,209 199,210 10% 85,063 3.9% Recreation 680,519 679,694 714,863 34,344 5°l0 35,169 5.2% Library 679,700 738,346 809,083 129,383 19% 70,737 9.6% Total General and Library 9,579,212 9,958,794 10,799,855 1,220,643 13% 841,061 8.4% 2009 2009 Dept. Proposed City Manager Proposed Budget Guts Budget Percent Increase General Administration 1,649,071 1,649,071 4.4% Fire 1,290,806 93,000 1,197,806 3.3% Police 3,554,889 225,055 3,329,834 8.3% Other Programs, Cont, Transfers 516,934 20,000 496,934 -9.0% Public Works 2,264,209 2,264,209 3.9% Recreation 714,863 714,863 5.2% Libra 809,083 25,236 783,847 6.2% Total General and Libra 10,799,855 363,291 10,436,564 4.8% * Note: Of the increase of $479,303 in the police dept. $97,175 is covered by a grant for the Middle School officer. 183 City of Columbia Heights Attachment °°B°' 2009 Department Proposed Budget /Cuts Summary of Expense, Revenue, Proposed Cuts and Use of Fund Balance De t Pro osed Ex ense General Fund Exp 9,990,772 Library Fund Exp 809,083 Total Ex ense 10,799,855 De t Pro osed Revenue General Fund Rev 9,426,498 Library Fund Rev 763,804 Total Rev 10,190,302 De t Pro osed Over Bud et General Fund (564,274) Library Fund (45,279) Total amount over bud et 609,553 Citv Manager Proposed Cuts General Government Bldgs 20,000 Police Department 225,055 Fire Department 93,000 Library Fund 25,236 Total cuts 363.291 Fund Balance Used 246,262 184 City of Columbia Heights 2009 Department Proposed Budget Summary of Potential Budget Cuts Attachment "C" Note: The following is a summary of the City Managers Cuts to the 2009 Budget General Government Bld s Capital Improvements 20,000 Total Gen Gov Bldas cuts 20,000 Libra County Service Charges and Contingencies 25,236 Total Library cuts 25,236 Police ~ 27th Officer 70,000 Crime Prev Specialist 63,655 Overtime, supplies & other 91,400 Total Police cuts 225,055 Fire ~ Clerical & Paid on Call 32,618 Supplies and other 60,382 Total Fire cuts 93,000 Total City IVfanager Cuts 363,291 Recommend adding as a Special Levy Recommend adding as a Special Levy 185 City of Columbia Heights Attachment "D°' 2009 Proposed Budget BrPakd~wn ~f Levy Increases Market Value Effect on Lev Total Lev Increase 194,000 Amount of Add back % Increase Cumulative RE Tax Pa able 2008 Lev 6,916,895 Amount to lev Percent Total Increase Base Levy Limit Increase 152,927 2.21% 152,927 16.47 Fund Balance Used (246,262) Add Special levies to fund the following items 27th Police Officer 70,000 1.01 % 3.22% 222,927 7.53 Crime Prevention Specialist 63,655 0.92% 4.14% 286,582 6.86 The following levies are a result of the City Council's commitment to the construction of the new buildings and renovations or Murzyn Hall Utilities and Maint on new Gym 75,000 1.08% 5.23% 361,582 8.05 Utilities and Maint on new Public Safety Building 50,000 0.72% 5.95% 411,582 5.37 ®ebt Service Levies Honeywell Improvements to Murzyn Hall 93,640 1.35% 7.30% 505,222 10.06 Public Safety Building Bond 357,000 5.16% 12.47% 862,222 38.46 Total Adds to Levy 12.47% 862,222 Total Proposed 2009 Levy 7,779,117 92.80 Note:. For 2009 the City Council approved a 4.5% increase for Police Officers and a 3.5% increase for other city employees. Those increases are included in the proposed 2009 budget levy. 186 C>1'T~' CO7JNCi~, L~+ ~TIC+ I? Meeting of: September 8, 2008 AGENDA SECTION: ITEMS FOR. CONSIDERATION/ ORIGINATING CITY Other Ordinances & Resolutions DEPARTMENT: MANAGER NO. POLICE APPROVAL: ITEM:: FIRST READING OF ORDINANCE 155$, BY: Scott Nadeau ~' " ~ ~ Regarding Abolishing Police & Fire Civil Service DATE: September 3, , ~ BY: ~ ' ~ ' Commission 2008 , DATE: ~' ~` NO. BACKGROUND Columbia Heights Police and Fire Departments currently utilize a Civil Service hiring/promotional process. At a work session on June 2, 2008, the Police and Fire Chiefs met with the City Council and expressed their feeling that with changes to state law, professional hiring practices and union rules, the Civil Service process was redundant and unnecessarily lengthens the timeline for new hires and promotional positions. At that time, the City Council directed the Police and Fire Chiefs to meet with the Charter Commission to inform them and seek their input. On July 1, 2008, a letter was drafted by Civil Service Commissioners Netkow and Briley expressing their support for abolishing the Civil Service Commission. (See attached.) At the request of the City Council, the Fire Chief, the City Attorney and Police Chief met with the Charter Commission on July 17, 2008 and discussed the proposed elimination of Civil Service. The Civil Service Commission is not covered in the Charter, so the presentation to the Charter Commission was informative in nature. There was a brief discussion on the need for the Civil Service Commission but no formal action was required. ANALYSIS/CONCLUSION Discussions with Police and Fire staff, the Civil Service Commission, and the City's Attorney find that the Police and Fire Civil Service Commission, while well intentioned and historically important, is no longer needed and. creates unnecessary delays and obstacles to hiring. RECOMMENDED MOTION: Move to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. RECOMMENDED MOTION: Move to establish the second reading of Ordinance 1558, Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission for September 22, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. COUNCIL ACTION: 187 ~~~ ~F ~~~.~~1!~IA Ear!-~~~ X90 40th Avenue N.E., Columbia Heights, MN X5431-3878 (763} 706-3600 TDD (763} 706-3692 6~isit Our Website at: wx~w.ci.columbia-heighCS.mn.us July 1, 2008 The Honorable Mayor Gary Peterson Members of the City Council City of Columbia Heights 590 40`}' Avenue NE Columbia Heights, M2~T 55421 Dear Mayor and Members of the City Council: Retired Columbia Heights Police Chief Thomas Johnson and retired Captain William Roddy had several times discussed with the Civil Service Commission the possibility of abolishing it. Historically, Civil Service Commissions were instituted to protect police and fire employees from losing their jobs when new chiefs were appointed. It was common years ago for a new chief to bring in his or her awn personnel, who may or may not have been qualified to serve. Over the years, the development of professional Human Resources Departments, labor unions and the requirements of the Minnesota Peace Officer Standards and Training Board have made the protections of a Civil Sere=ice Commission an anachronism. In addition, the use of background checks, physical and psychological examinations, and the field training process will continue to work towards the hiring and retention of qualified people. As it now stands, the Civil Service process has unnecessarily lengthened the timeline required for the selection of both new hires and promotional positions. Many applicants will have applied to more than one public service organization, and we have Lost goad candidates to cities with a more streamlined testing and selection process. As an aside, Anoka County abolished its Civil Service Commission in November 1998, after it had served the County for 41 years. The reason stated in the County Board resolution to do this vvas "unnecessary duplication of regulations and ser'wtces to have both a Civil Service Commission and a county personnel system". THE CITY OF COLUMBIA HEIGHTS DOES N07 DISCRIMINATE ON TH~$A 515 OF OlSA BII.ITY IN EMPLOYMENT OR THE PROVISION OF SEP.VICES EQUAL OPPORTUNITY EMPLOYER Mayor and Members of the City Council July 1, 200 Page 2 As you know, the Civil Service Commission has been functioning with only twa members since the untimely death last year of Mitch DeMars. The question of abolishing the commission was discussed at its most recent meeting on May 12, and neither of us would have any opposition to such action by the Mayor and Council should they decide to do so. Sincerely, f ~~+ Harold Netko~v Civil Service Cornrnission Ch it '~,1 j ~j %~ ~ i f' ~ ~ ~ , / D~~d Briley Civil Service :Commission Secretary HN:kao ~/' cc: Walt Fehst, City Manager Linda Magee, Assistant to the City Manager Scott Nadeau, Chief of Police Gary Gorman, Fire Chief Charter Commission ~~Iembers 189 ORDINANCE NO.1558 BEING AN ORDINANCE NDING O ANCE NO. 1490, CITY CODE OF 2005, REGARDING ABOLISHING THE POLICE AND FIRE CIVIL SERVICE CONIlVIISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 3.304 of the Columbia Heights City Code, which currently reads as follows: 3.304 POLICE AND FIl2E CIVII~ SERVICE COMIVIISSION: (A) The Joint Police and Fire Civil Service Commission is hereby established. pursuant to the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time. Said statutes including all amendments thereto, are hereby adopted by reference and made a part of this code as if fully set forth herein. (B) The Commission shall consist of three members who shall be appointed for staggered terms of three years so that the term of one Commissioner will expire each year. Appointments shall be made by the Mayor. (C) The Commission shall establish rules, regulations and procedures as are necessary and required by law to carry out its duties and functions relating to the appointment, promotion, discharge, and suspension of Police and Fire Department personnel. (D) For purposes of this section, any provision of this code that is inconsistent with the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time, shall be interpreted and construed as superseded by said statutes with respect to the composition and operation of the Commission. is hereby repealed in its entirety. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Ayes: Nays: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk. 190 PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE SEPTEMBER 8, 2008 MEETING. REMOVE -MOTION: Move to adopt Resolution Number 2008-202, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A} of the rental license held by The Broadway Group, Ll.C regarding rental property at 4544-46 Fillmore Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-205, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Timothy Quass regarding rental property at 3727 Reservoir Blvd. N.E.