Loading...
HomeMy WebLinkAboutAugust 25, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS 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_ fozrnd at the end of this document. CALL TO ORDER/ROLL CALL OCATION 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 1VIEETING 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, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Guests -Report from Sister City Student exchange program Peterson stated that nine students traveled to our Sister City 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 we can give them as good a trip when they visit us next year. Williams asked questions about their visit to Auschwitz. He 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. 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 SACA softball fiand raising event Paul Eich, 7571 Brigadoon, Fridley, reported on the 6`" Annual Slow Pitch Softball SACA 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 August 11, 2008 Columbia Heights City Council meeting. Motion to approve the minutes of the August 11, 2008 Columbia Heights City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion 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 Bud eg t to reimburse Overtime fiend 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 $4,381.74 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. E. Resolution 2008-196 Accepting petition and ordering a bike trail/pedestrian connection. Removed for discussion. F. Establish date for Public Special Assessment Levy Hearing for two projects: Zone 1 B, 2 and 3A Seal Coat Pro~~am 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 City Council Minutes Monday, August 25, 2008 Page 3 of 3 t 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. A~aproval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Diehm requested this item be removed for discussion. I. Adopt Resolution #2008-183 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 $1,311,803.66. 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; Dielnn, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS City Council Minutes Monday, August 25, 2008 Page 4 of 3 t A. Adopt Resolutions 2008-188 954 42nd Avenue N.E., 2008-189, 4522 5th Street N.E., 2008-190, 4100 Reservoir Boulevard and 2008-191, 1272-1274 Circle Terrace Boulevard N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reasons for abatement requests: 4522 5'h Street -clutter house that needs to be cleaned. 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 from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2008-192, 543 Lomianki 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 Wilhams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-192, and 193 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-192, and 193 being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of the rental licenses listed. Upon vote: All ayes. Motion carried® C. 2nd Reading of Ordinance 1553 being a Zoning Amendment as it relates to Dynamic LED Si ng age. 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. 1.490 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 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. Peterson stated that there are three current signs and asked if this would cause them hardship. 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 scroliing 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. CTregory S1_oat, 4731 6th 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 ofthe City Council Minutes Monday, August 25, 2008 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 does not have a preference on the number allowed. 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 will 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 a1_most 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 %2 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 being 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 1555. 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 identities the minimum size. Nawrocki asked how many enforcements have been issued. Sargent indicated vane. 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 City Council Minutes Monday, August ?5, 2008 Page 7 of 3 I 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 if the entire T was filled. Nawrocki questioned "open house today" signs. Sargent stated they 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 Temporar~Signs. 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 Diehm, to adopt Ordinance No. 1556, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1556. 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 emergency vehicles would exit north. Peterson stated no, they will all go out on 41S` 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 City Council Minutes Monday, August 25, 2008 Page 8 of 31 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 for Jackson Street is brought forward. 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. H. Adopt Ordinance 1551 being an Ordinance amending the City Charter of the City of Columbia Heights relating_to General Provision Definitions, to clarifYthe positions of City Clerk and City Treas»rer_ 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: A11 ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. 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 clari 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 clarify the positions of City Clerk and City Treasurer. Motion to amend by Nawrocki, to change Page 212, City clerk 3.208D from "shall serve as secretary of the city council" to the present Charter change stating that the city clerk "may be designated as". Peterson called for a second. Motion died for lack of a second. Motion by Diehm, second by Williams, to table Ordinance 1535, allowing Councilmember 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 1. Accept bids and award contracts for Public Safety 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 City Council Minutes Monday, August 2S, 2008 Page 9 of 31 the earth work. 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 CHI-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 far the same. Upon vote: Ail 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 II 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: All 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 serried. 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 l5 in one bid phase. 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. Adopt Resolution 2008-186, Parking Ramp Operations Agreement Between the Cit~f Columbia Heights and Stadium Viliag_e Properties, LLC at 950 40th Avenue. City Council Minutes Monday, August 25, 2008 Page I 0 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 would still Iease the ramp for $l, allowing takeover in the year 2022. The plaza lot is under a 99- 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 adapt 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: All ayes. Motion carried. 3. Adobt Resolution 2008-187, Preliminarv Development Agreement 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. Casts 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 concen~s 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 Odden 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. Odden 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 City Council Minutes Monday, August 25, 2008 Page 11 of 31 much he thinks they are asking us far. 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. Nawrocki stated he was not opposed to selling them the plaza, but is not sure of the proper 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 ease. 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 commiuiity 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; a winiwin 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. City Council Minutes Monday, August 25, 2008 Page 12 of 3l Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-187, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-187, being a Resolution approving the preliminary development agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC for building facade improvements at 3989 Central Avenue; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 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: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 2 nays. Motion carried. 4. Adopt Resolution 2008-184 Acquisition of Property Located at 961 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 ~.vhat the housing fund is and hour much money i s in it. Fehst stated it was set up about one year ago. Clark stated there is approximately $1.1 million in the fund and described different use scenarios. The EDA will discuss this further tomorrow night. Nawrocki asked the fund number. Clark indicated that operating fund would not be in the budget. Fehst stated that the Finance Director has indicated there are adequate fiords in the housing fund to purchase this home. Nawrocki stated that he is not sure that a snow pile is desirable to the homes on Gould Avenue. Peterson stated that he would rather have snow or a rain garden than this house. Diehm stated that this is a "no brainer". We have properties in terrible shape to deal with. We want information on the fund, but we are told the funds are available. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-184, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-184, being a Resolution approving the acquisition of property located at 961 Gould Avenue; and furthermore, to authorize the Mayor and City Manager to enter to an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay Motion carried. Fehst stated that there would be a meeting, after the EDA meeting tomorrow night, to discuss City Council Minutes Monday, August 25, 200$ Page [ 3 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 ap~rovi~ the acquisition of property located at 4631 Pierce Street 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: Ali ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-185, being a Resolution approving the acquisition of property located at 4631 Pierce Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 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 $132,000. 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 same of the bad properties on Circle Terrace. Nawrocki stated he brought this idea forward to the council, but we are paying too much far 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. 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. 6. Adopt Resolutions 2008-195 and 2008-194 beinP Resolutions authorizing Honeywell to Implement an Energy Conservation Program Utilizing Minn. Stat. 471.345, including financing far John P. Murzyn Hall. Fehst painted 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 far 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. T.Jpon vote: Al1_ 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 cost savings utilizing I`/IN STAT. ~ 471.345 Fehst asked Jahn Worker, Honeywell, to describe the bids. Worken stated they designed the scope of work, which is a tight description, to serve the client and follow state guidelines covering materials, and labor, with a payback over the next 15 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 tissue. 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. City Council Minutes Monday, August 25, 2008 Page 15 of 31 B, Bid Considerations -none C. Other Business. -none .ADiV~1ISTRATIVE REPORTS 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 '/2 Avenue NE, stated he is sad to hear, after the July 28 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 ~.~Jill be brought yap 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 da, 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 carrect 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 City Council Minutes Manday, August 25, 2008 Page 16 of 3 l trying to came up with ways to not increase taxes. Rather than taking pot shots at staff, we should continue to encourage them. ~~UIV~IJC: C~12.1V~1~ Kelzenberg • Went on a police ride-along last Friday - it was very interesting. Nawrocki • Reminded everyone the Primary Election is Tuesday, September 9`h • 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. ADJOITItN1VIlENT M~y~r eterson adjourned the meeting at 11:00 p.m. Pyatricia Muscovitz CMC ~__. ~' City Clerk RESOLUTION NO. #200& 183 ADOPTING 2009 BUSINESS LICENSE FEE SCHEDULE WHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishing of annual. license fees; and WHEREAS: The City has participated in a survey of metropolitan. municipalities regarding business license fees charged. by other communities; and. WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that cur fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted. and effective January 1, 2009. 2009 BUSINESS LICENSE FEES Effective January 1.2009 through December 31.2009. CATEGORY FEES Arcades/Amusement Centers ($5.000 Bond/$I00 1nv.Fee) (PD) $500 Auto Recycling Dealer/Junk Yard $~00 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.} $400 Off Sale ($T50 Inv. Fee lsttime appl. $150 'Temporary Beer (per day basis) $100 ($500 Appl. Fee; $l50 Investigation Fee) Carnivals ($~00 deposit & insurance} (PD} $~0/day Christmas Tree Sales (FI) (I'&Z Comm} $~0 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&1-I) $300 Contractors (Bond and Insurance) $60 General (if not licensed by State) $60 City Council Minutes Monday, August 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 $i5/machine 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 (tnv. Fee $500-$2000) $5,500 On Sale Wine (Inv. Fee $500-$2000) $2,000 Sunday On-Sale Liquor $200 Temporary On Sate (Inv. Fee $500-$2000) $1.00/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 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI} First Metering Device $50 Each Add'1. Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 Pawnbroker ($5,000 Bond/$100Inv.Fee) (PD) $12,000 Pet Shop (PD)(I-Iumane Officer) $50 Pool/Billiard Hali ($100 Inv. Fee) (PD} $100 Popcorn, Candy, Food Catering Vehicles (PD) $50 (Insurance -Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant $300 Renewal $200 Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Pee $100) (PD, FL 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 IPD) A. Itinerant Ilawker/Peddler $50/day; $100/mo.; $500/yr. B. Transient Merchant $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD} $60 City Council. Minutes Monday, August 25, 2008 Page 18 of 31 1 - I S DAYS LA'Z`E 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-Buildang 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 Il, 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 I Ieights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 12, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 6, 2008 the Fire Department was requested to the address above to assist the Police Department and the Coroner's Office in removing a decomposed body. While Fire Department personnel where inside the house it was noted that there was garbage, clutter, human waste, and rotting food throughout the house. 2. That on August 11, 2008 the Fire Department contacted the living reletatives of the deceased property owner in an attempt to gain the cooperation of family cleaning out the house. 3. That on August 12, 2008 the Fire Department received a letter from the family that stated they were unwilling to clean out the house. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated. to wit: 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 r_o the provisions of the City Code Section R.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 all applicab{e 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 L The property located at 4522 5`~ 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 lI, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 12, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT L 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. City Council Minutes Monday, August 2S, 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 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4100 Reservoir Blvd N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4100 Reservoir Blvd N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 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 (Flereinafter "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 I-Ieights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article tI, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 27, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August l4, 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 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?O6(A) and 8.206{B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1272-74 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be. have expired, or such rights have been exercised and completed. 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 shalt 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 5A, 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 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, 2008 of an public hearing to be held on August 25, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about June 15, 2008. inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 7, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon. said records of the Enforcement Office, the following conditions and violations of the City's Residential City Council Minutes Monday, 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 Holder and. any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III SA.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental License belonging to the License Holder described herein and identified by license number F8547 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 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 5A.408(A) of that certain residential rental license held by Erich Rice (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3940 Johnson Street, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.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 l . That on or about .Lune 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 oi'the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number P8484 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 SIGNAGF.. WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia I-Ieights City Code, is thereby amended to read as follows: § 9.103 DEIrINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, D}N4~1-IIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC A sign that uses electrical wiring on, in or near such sign to effect illumination. SIGN, IARL4BLE ELECTRONIC A-IESS.=IGE. A dynamic LED sign that changes its message more frequently than once every ten (10} minutes for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every thirty (30) minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3. R-4 and LB zoning districts. Chapter 9, Article I, Section 9.106 (P)(6) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign, design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a-p) [SECTIONS TO REMAIN UNCHANGED] (q) Variable electronic message signs. Chapter 9, Article I, Section 9.106 (P)(8} of the Columbia Heights City Code, is thereby amended to read as follows: City Council Minutes Monday, August 25, 2008 Page 21 of 31 § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign regulations. (8) Dvnamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of motor fuel stations, which may display dynamic LED signs as a part of the pylon sign. Dynamic LED signs may occupy no more than fifty percent (50°/0) 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 (] 0) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (]0) minutes for commercial or industrial uses, and no more than once every thirty (30) minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves. without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in ore position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half=hour after sunrise. 8. Dynamic LED signs existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as 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 TO REMAFN 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. (8) Signs in Residential Districts R-1, R-2.A, and R-2B. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions• on permitted signs. Permitted signs in the R-1, Single-Family Residential,. and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCI-IANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditiat~al Use signs. In the R-I, R-2A and R-2B Districts, the followings signs shall. require a Conditional Use Permit: 1. A Dynamic LED Sign used in conjunction with a religious institution. 2. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the R-t, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined. in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106(P}(9} of the Columbia Heights Gity Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. City Council Minutes Monday, August 25, 2008 Page 22 of 31 (P) Sign regulations. (9) Signs in Residentia! Districts R-3 and R-=!. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign regulations. (9) Signs in Residential Districts R-3 and R--~. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple- Family Residential Districts are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO RF,MAIN UNCHANGED] 3. [SECTIOPd TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c} Conditiona! Lase signs. In the R-3 and R-4 Districts, the followings signs shall require a Conditional Use Permit: I. 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 Conditiazal Use Signs. Signs requiring a Conditional Use Permit in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (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)(10) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (10) Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNC:IIANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] Is therebv amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (1 1}Signs in LB, Limited Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Rest^ictiorzs on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REMAIN tNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] (c} Conditional 1./se signs. In the LB District, the followings signs shalt require a Conditional Use Permit: 1. A D}mamic LED Sign used in conjunction with a commercial business. 2. A Dynamic LED Sign used in conjunction with a religious institution. 3. A Dynamic LED Sign used in conjunction with an educational institution. (d) Restrictions orz Conditivna! Use Signs. Signs requiring a Conditional Use Permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through t17e 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)(&} of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (] 0) minutes of display time for commercial businesses. 4. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time for religious or educational institutions. Chapter 9, Article I, Section 9.106(P)(11) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. City Council Minutes Monday, August 25, 2008 Page 23 of 3I (I') Sign regulations. ('l l) Signs in CBU, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall. be permitted: I. [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 tine, not to exceed 75 square feet per structure, and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in len4th, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding signs not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 2~ feet distant from the lot line of any adjoining parcel of land other than a street or alley. 3. If not located adjacent to a state or trunk highway and/or where the 20-foot setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feeC 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. ~. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification. sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign far 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 front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Restrictions. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCHANGED] 2. The maximum height of a pylon sign, including its structures, shall not exceed 20 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. [SECTION TO REMAIN UNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (12) Signs in CBD, Cenh^al Business District. (a} Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. [SECTION TO REMAIN UNCHANGED] 2. One monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 3. Any monument sign must be a minimum of five feet from any building or structure on the same lot. 4. One wall sign. on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 5. One; area identification sign for each shopping center not to exceed 100 square feet per surface, and [invited to fow' surfaces; one wall sign for each primary use business, not to exceed 100 square feet per surface and limited to one surface. 6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. 7. One wall sign per building with an are of the lesser of 20 square feet or '/ square foot for each front foot of a building or structure provided. that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. (b) Resb~ictions on permitted signs. Permitted signs in the CBD, Central Business District are subject to the following restrictions: 1. [SECTION TO REMAIN UNCI-IANGED] 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 RF,MAIN UNCHANGED] (c) Conditional Use signs. In the CBD District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H} of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. City Council IVlinutes Monday, August 25, 2008 Page 24 of 31 Chapter 9, Article 1, 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 irz GB, General Business District. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions. Permitrted 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] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P} Sign regzlations. (13 }Signs in GB, General Bzainess District. (a} [SECTION TO REMAIN UNCHANGED] (b} Restrictions wa permitted signs. Permitted signs in the GB, General Business District are subject to the following restrictions: I. [SECTION TO REMAIN UNCHANGED] 2. [SECTION TO REt~.AIN UNCHANGED] 3. [SECTION TO REMAIN UNCHANGED] 4. [SECTION TO REMAIN UNCHANGED] (c) Conditional Use signs. In the GB District, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each ten (10) minutes of display time. Chapter 9. Article I, Section 9.106(P)(13) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (13) Signs in I-1 and 1-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b} Restrictions. Permitted signs in the I-1. Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: I. [SECTION "f0 REMAIN UNCHANGED] 2. [SECTION TO REMAIN UNCHANGED] 3. [SECTION TO REMAIN ttNCHANGED] Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (14) Signs in 1-1 cand 1-2 Industrial Districts.. (a) [SECTION TO REMAIN UNCHANGED] (b) Restrictions on pernzitied 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 1-1 and I-2 Industrial Districts, the followings signs shall require a Conditional Use Permit: 1. Dynamic LED signage. (d) Restrictions on Cozditional Use Signs. Signs requiring a Conditional Use Permit in the I-l, Light Industrial District, and the I-2, General Industrial District. are subject to the following restrictions: I. All signage must he 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 LEB signs, as outlined in section 9.106 (P}(8) of this ordinance. 3. Dynamic LED Si~~s 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 regulations. (14) Signs for noncozrforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the makimum number and area for the actual use of the subject property. 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 fnr noncnnfnrnzing residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. Chapter 9, Article I, Section 9.103(P)(IS) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15} Signs in the PO, Public and Open Space District. (a) Permitted Signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially coned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those pubic facility parcels that include governmental offices. Such signs shall not exceed forty (40} square feet in area, and shall be located no closer than five (5) feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional. or state park. Such signs shall be no greater than forty (40) square feet in area, shall not exceed ten (10} feet in height, and shall be located no closer than five (5} feet from any property tine. (b) Restrictions on permitted signs. Permitted signs in the P0, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed eight (8} feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums,. or any portion thereof, which are not utilized by the owner or user of the property are non-transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional Use signs. In the PO District, the followings signs shall require a Conditional Use Permit: 1. A Dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on Conditional Use Signs. Signs requiring a Conditional Use Permit in PO, Public and Open Space District are subject to the following restrictions: 1. All signage must be approved through the Conditional Use Permit process as outlined in § 9.104 (H) of the zoning code. 2. All signage must meet the requirements for Dynamic LED signs, as outlined in section 9.106 (P)(8) of this ordinance. 3. Dynamic LED Signs may change its message with a frequency of no less than one (1) message for each thirty (30) minutes of display time. Chapter 9, Article I, Section 9.106(Pl(15) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (15} ~1.lininmrnz yard reguireznents-freestanding signs. The minimum front, side and rear yard requirements far i'reestatrdirrg 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 pruperty tine. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign regulations. (17) rYlizzimuzn ym~d regzzirenzents freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall he 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 font 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 I3F,ING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GARAGE SALES The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(G)(1) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G) Teznpora~~ uses and structzres. The following temporary uses and structures shall he permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to a total of 12 days of operation per calendar year at any residential location. City Council Minutes Monday, August 25, 2008 Page 26 of 31 Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G} Temporary uses and structw°es. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage Sales. Residential garage sales shall be limited to no more than two (2) garage sales per property per calendar year, with the duration of each garage sale not to exceed three (3) consecutive days at any residential location. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1555 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TU 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) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) One temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of 1 square foot of sign area for each 1,000 square feet. No such temporary on-site sign shall exceed 8 square feet nor remain past the date of termination of such offering. (j) One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. (k) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of 2 square feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or 8 square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (1) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (m) Time and temperature signs not to exceed 20 square feet per sign and. one sign per side of building. (n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lots or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of 1 square foot of signs area for each 1.000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of tot 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 snorter. At the end of the display period, the site may not display a bar5ner oi' pennant until at least 240 days have elapsed. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (i) In residential districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and fifteen (15) square feet in area. On comer lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven (7) days past the date of termination of such offering. (j} In commercial or industrial districts. one temporary on-site, freestanding real estate sign advertising the sale. lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six (6) feet in height and thirty- two (32) square feet in area. On corner lots, a second such sign may be located on the property if said sign abuts a second street right-of--way. No such temporary on-site sign shall remain seven (7) days past the date of termination of such offering. (k} One on-site temporary signs advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or 8 square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the Last lot within the subdivision or the last house within the housing project. (1) Temporary on-site signs indicating the name and nature ofa 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. City Council Minutes Monday, August 259 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 or premises, and thirty-two (32} square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1556 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO GOVERNMENTAL TEMPORARY SIGNS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106(P)(5)(g) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (5) Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: (g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Is thereby amended to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (Q} Sign Regralatians. (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 organizafrons, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within 3 days thereafter. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1552 BEING AN ORDINANCE VACATING A PORTION OF THE JACKSON STREET RIGHT-OF-WAY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of Jackson Street N.E., lying within the plat of NORTHWESTERN 2ND ADDITION, Anoka County, Minnesota, which lies southerly of the following described line: Commencing at the southwest corner of Lot 1, Block 1, Northwestern 2"d Addition, Anoka County, Minnesota: thence North 00 degrees 02 minutes 27 seconds East, along the Westerly line of said Lot 1, a distance of 359.87 feet; thence South 89 degrees 36 minutes 35 seconds East, along the Northerly line of said Lot 1, a distance of 129.01 feet to the westerly right of way line of Jackson Street N.E., and the point of beginning of the line to be described; thence continuing South 89 degrees 36 minutes 35 seconds East a distance of 60.00 feet to the easterly right of way tine of said Jackson Street N.E. and there terminating. Section 2: The vacation of the right-of-way described above shalt be subject to the following condition: [None] Section 3: This ordinance shall he in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1551 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 55, CHAPTER 7, SECTION 66, AND CHAPTER 8, SECTION 77, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO SUBORDINATE OFFICERS, LEVY AND COLLECTION OF TAXES, AND LOCAL IMPROVEMENTS, HOW MADE The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 55, of the Charter of the City of Columbia I Ieights 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 a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's atiairs 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) 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 a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, and the general administration of the city's affairs as shall be ordained by the coi.mcil. The city clerk may be designated to act as secretary of the council. The council ma_y by ordinance abolish offices which have been created by ordinance, and it may combine the duties of various offices as it may see tit. (Ordinance No. 1086, passed June 11, 19$4) 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 for which the same is levied, but in such case the excess shall go into the fund to which such tax belongs. (Ordinance 1079, passed March 26,1984) IS HEREWITH AMENDED TO READ AS FOLLOWS: LEVY AND COLLECTION OF TAXES. The city Treasurer shall transmit to the county auditor annually, not later than October 10 or such other date as may be fixed by state law, the budget resolution, which shall indicate the amount of taxes to be levied. Such taxes shall be collected and payment thereof shall be enforced in accordance with this charter and applicable state law. No tax shall be invalid by reason of any informality in the manner of levying the same, nor shall any tax be invalid because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in such case the excess shall go into the fund to which. such tax belongs. (Ordinance 1079, passed March 26,1984) Chapter 8, Section 77, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four- fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of alt the real estate within the benefitted area as shown on the assessor's books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. "1'he 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, which interest may be evidenced by appropriate interest coupons and shall be in such form and. denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Pernaanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. IS I-tEREWITII AMENDED TO READ AS FOLLOWS: LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four- Iii'ths 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 oi` the cost of such hnprovement 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. City Council Minutes Monday, August 25, 2008 Page 2g of 31 In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned Iifty percent.. outstanding and unpaid special assessments against the property in the benetitted 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, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the provisions of this chapter. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. RESOLUTION 2008-186 A RESOLUTION APPROVING A PARKING RAMP OPERATIONS AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC AT 9~0 40TH 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 Heights: 1. Authorization by the Mayor and City Manager to sign the agreement entitled, "Operation of Parking Ramp Agreement" by and bet~a~een the City of Columbia Heights and Stadium Village Properties, LLC. RESOLUTION 2008-287 A RESOLU"PION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC FOR BUILDING PA~'ADE IMPROVEMENTS AT 3984 CENTRAL AVENUE WFIEREAS, the City of Columbia 1leights 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 fa4ade in exchange for securing fee title to City owned property that is adjacent to the subject building, and WI-iEREAS, 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 afinal transaction can occur. NOW, TIIEREFORE BE IT RESOLVED, by the City Council of Columbia Heights: 1. Authorization by the Mayor and City Manger to sign the agreement entitled. "Preliminary Development Agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC. 2. Authorizing staff to proceed with al] activities necessary to complete the subject transaction. RESOLUTION 2008-184 APPROVING THE ACQUIS[TION OF PROPERTY LOCA"fED AT 961 COULD AVE City Council Minutes Monday, August 25, 2008 Page 30 of 31 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 WHIRF,AS. the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Realty Executives Top Producers (the "seller') and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 961 Gould Ave NE between the City of Columbia Heights and Realty Executives Top Producers and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $30,000.00 plus all ancillary costs associated with closing. 2. The City Council hereby authorizes the staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Housing Fund established in 2007. 4. The City Council directs staff to negotiate an agreement with Stadium Village Properties for the storage of snow from the parking ramp and removal of the existing building. If the building removal is not successfully negotiated with Stadium Village Properties: staff is authorized to get bids for the removal. RESOLUTION 2008-185 APPROVING'fIIE 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 I . The City Council hereby approves the terms of the Purchase Agreement for 4631 Pierce Street NE between the City of Columbia Heights and Realty Executives Top Producers and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $132,000.00 plus all ancillary costs associated with closing. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Housing Fund established in 2007. RESOLUTION N0.2008-195 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM TILE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WI-tEREAS, Internal Revenue Service has issued Tres. Reg. 1.150-2 providing that proceeds of tax excript bonds used to reimburse pror expenditures will not be deemed spent unless certain requirements are met; and. WHEREAS, the City of Columbia Heights (the "City'") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for energy management and energy related capital services at John P. Murzyn Halt and reasonably intends to reimburse itself for such expenditures from. the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $1,000,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. RESOLUTION 2008-194 BEING A RESOLUTION AUTHORIZING TI-IE AGREEMENT WITH HONEYWELL INTERNATIONAL, INC. TO IMPLEMENT AN ENERGY CONSERVATION PROGRAM "THAT WILL RETROFIT MURZYN HALL FOR THE PURPOSE OF ENERGY COST SAVINGS UTILIZING MINN. STAT. ~ 471.345 Whereas, The City Counci] deems it to be in the best interest of the city to reduce energy and operating costs, and Whereas Minn. Stet. ¢ 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. Stet. ,¢ 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 City Council Minutes Monday, August 25, 2008 Page 31 of 31 Whereas, this council desires to provide the best environment at no additional cost to our taxpayers with the Minn. Stat. ~ 471.345 program; THEREFORE, BE IT RESOLVED, by the City Council of Columbia 1-teights, Minnesota: SECTION I: That the City Manager, and Mayor are authorized to enter into Agreement with Honeywell International, Inc. to implement an energy conservation program under current Minn. Stat. ~¢ 471.345 guidelines that will provide project engineering, project management, construction management, and performance contracting for comprehensive ECMs at Murzyn Hall. SECTION II: That the agreement is subject to annual appropriations. SECTION III. The City Manager of the Columbia Heights. Minnesota, is authorized to issue warrant or warrants against the proper appropriation item upon presentation of the proper voucher or vouchers therefore. SECTION IV. The City Manager and Mayor of the Columbia Heights, Minnesota are authorized to pursue and enter into financing agreements with Honeywell International, Inc. or with other financing sources to fund the costs of the program and as required to provide repayment of the program under current Minn. Stat. ~¢ 471.345 guidelines SECTION V: That it is found and determined that all formal actions of this City Council concerning and relating to the adoption of this Resolution were adopted in an open meeting and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all ]egal requirements. SECTION VL• 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 ]mmediately 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.