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HomeMy WebLinkAboutOctober 13, 2008 RegularCITY OF COLUMBIA HEIGHTS 590 40`~ Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Vsitaurwebsiteat: wcvw.cl.crJlumbia-fteit:lsts.mn.us Gary L. Peterson Councilmembers Robert A. Willinms Bruce Nawrocki Tamntera Diehm Bruce Kel.enberg Ciri Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 13, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Ruth Hograbe, Community United Methodist Church 2. PLEDGE OF ALLEGL~NCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNTTION, ANNOUNCEMENTS, GUESTS A. Proclamation -Polish American Heritage Month p6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve the minutes ofthe September 22 2008 Columbia Heights City Council meeting. p7 MOTION: Move to approve the minutes of the September 22, 2008 Columbia Heights City Council meeting. B. Accept Board and Commission minutes MOTION: Move to accept the September 2, 2008 minutes of the Library Board meeting. p20 MOTION: Move to accept the October 7, 2008 minutes ofthe Planning and Zoning Commission Pa3 meeting. MOTION: Move to accept the August 26, 2008 minutes of the Economic Development ps o Authority meeting. MOTION: Move to accept the September 15, 2008 minutes ofthe special Economic pa6 Development Authority meeting. City Council Agenda Monday, October 13, 2008 Page 2 of 5 C. Approve Premises Permit Application for Columbia Heights Athletic Boosters to conduct p4o charitable gambling activities at Top Valu Liquor I and II and Sarna's Tobacco Shoppe and Sarna's Classic Grill MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Top Valu I (4950 Central Avenue NE) and II (2105 37th Avenue NE), Sarna's Tobacco Shoppe (4329 Central Avenue NE) and Sarna's Classic Grill, (3939 University Avenue NE), and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. D. Approve the transfer of funds from the General Fund to Police Department Budget to Reimburse Overtime Fund re: Detox transRorts. pss MOTION: Move to transfer $390 received from Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under Line item 1020, Police Overtime. E. Approve the transfer of funds from the General Fund to Police Department Budget to Reimburse Overtime Fund re: Anoka County DWI Task Force. psi MOTION: Move to transfer $4,500.93 received from the State of Minnesota as reimbursement for our participation in the Anoka County DWI Task Force to the Police Department 2008 Budget line item 1020, Police Overtime. F. Approve the transfer of finds from the General Fund to Police Department Budget to Reimburse Overtime Fund re: Off-Duty Employment Assignments. pss MOTION: Move to transfer $1,130.04 received from Unique Thri$ Stores and $1,565.20 received from Northeast Metro 916 for a total of $2,695.24 from the General Fund. to the Police Department 2008 Budget line item 1020, Police Overtime. G. Adopt Resolution No. 2008-254 being a Resolution approving the final plat for 825 - 41st P68 Avenue and Resolution 2008-259 approving vacation private drainage and utility easements. MOTION: Move to waive the reading of Resolution 2008-254, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-254, approving the Final Plat for the Public Safety building located at 825 - 41st Avenue. MOTION: Move to waive the reading of Resolution 2008-259, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-259, approving the vacation of certain private drainage and utility easements fully contained within Lot 1 Block 1 Northwestern 2°d Addition. H. Authorization to obtain price quotes for printing and mailing the 2009-2010 City newsletters p89 MOTION: Move to authorize staff to obtain price quotes for printing and mailing the 2009-2010 "Heights Happenings" city newsletters. I. Establish City Park Rental Fees p90 MOTION: Move to adopt the Park Rental Rates, as outlined by the Park and Recreation Commission at their meeting of June 25, 2008. J. Establish City Event Wagon Rental Fees p9z MOTION: Move to adopt the Event Wagon Rental Rate, as outlined by the Park and Recreation. City Council Agenda Monday, October 13, 2008 Page 3 of 5 Commission at their meeting of June 25, 2008. K. Approve final payment for the Zone 2 and 3 Street Rehabilitation Projects ,0702) p92 MOTION: Move to accept the Engineer's Report of Final Acceptance for the 2007 Street Rehabilitation. Projects in Zone 2 and 3, City Project Number 0702, and authorize Final Payment of $103,102.03 to Midwest Asphalt Corporation of Hopkins, Minnesota. L. Admit Resolution 2008-231, being a Resolution ordering preparation of a Feasibility Report for Zone l C and 3B Seal Coating, City Project #0901 p9s MOTION: Move to waive the reading of Resolution 2008-231, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2008-231, being a Resolution ordering the preparation of a report for proposed Zone 1 C and 3B Street Seal Coat Program, Project #0901. M. Adopt Resolution 2008-230, being a Resolution ordering preparation of a Feasibility Report for Zone 4 Street Rehabilitation Program. p9a MOTION: Move to waive the reading of Resolution No. 2008-230, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2008-230, being a Resolution ordering the preparation of a feasibility report for Zone 4 Street Rehabilitation Program. N. Authorize staff to seek bids for a picnic shelter at Huset Park (west pioo MOTION: Authorize and direct staff to seek bids for a new picnic shelter at Huset Park West. O. Approval of the Development Contract for the Hart Lake Addition pio3 MOTION: Move to approve the Development Contract between the City of Columbia Heights and New Perspectives for the Hart Lake Addition. P. Approval ofthe attached list of rental housing license applications, in that they have met the piz9 requirements ofthe Residential Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for October 13, 2008. Q. Approve the Business License Applications p132 MOTION: Move to approve the items as listed on the business license agenda for October 13, 2008 as presented. R. Approve payment of the bills. p134 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 127459 through Check Number 127687 in the amount of$1,816,025.81. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 208-228. beinu a Resolution to adopt an Assessment Roll and Levv a Special Assessment for Delinquent Charges p143 MOTION: Move to close the public hearing and waive the reading of Resolution 2008-228 there being ample copies available to the public. City Council Agenda Monday, October 13, 2008 Page 4 of 5 MOTION: Move to adopt Resolution 2008-228, being a resolution to adopt a special assessment roll and levy a special assessment for delinquent charges. B. 1st reading of Ordinance No. 1559, being an ordinance amending the City of Columbia Heights Code of 2005 relating to abandoned pro~pert~ plsa MOTION: Move to waive the reading of Ordinance No. 1559, there being an ample amount of copies available to the public. MOTION: Move to establish the 2nd Reading of Ordinance No. 1559 for Monday, October 27, 2008, at approximately 7:00 p.m. in the City Council Chambers. C. Adopt Resolution 2008-255, being; a Resolution approving a 21.5- foot front yard parking pls~ setback variance for 4301 Benjamin Street. MOTION: Move to waive the reading of Resolution 2008-255, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-255, approving a 21.5-foot front yard parking setback variance for the Church ofAll Nations located at 4301 Benjamin Street, subject to the conditions outlined in Resolution No. 2008-255. D. Adopt Resolutions 2008-243, 1490 Lincoln Terrace N.E., 2008-244, 1308-10 Circle Terrace Pl'4 Blvd N E 2008-245 1355-59 Circle Terrace Blvd. N.E. 2008-246 1331-33 Circle Terrace Blvd N E 2008-247 1337-39 Circle Terrace Blvd. N.E. 2008-249 4359 Arthur Street N.E. 2008-250 4509 Fillmore Street N.E. 2008-251 4621 6th Street N.E. 2008-252 4515-17 Fillmore Street N.E., and 2008-253, 3810-12 3rd Street N.E., being declarations of nuisance and abatement of violations within the City of Columbia Heights• MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-243, 244, 245, 246, 247, 249, 250, 251, 252, and 253 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-243, 244, 245, 246, 247, 249, 250, 251, 252, and 253 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. E. Adopt Resolutions 2008-232, 3816 Tyler Street N.E., 2008-233, 4308 5th Street N.E., 2008-234, pl9s 5037-39 Jackson Street N.E. 2008-235 981 43-1/2 Avenue N.E. 2008-236, 941 45th Avenue N.E., 2008-237, 4323 3rd Street N.E., 2008-238, 4960 7th Street N.E., 2008-239, 4975-77 Tyler Street N E 2008-240 3736 3rd Street N.E. 2008-241 4934 5th Street N.E. and 2008-242 1307-09 Circle Terrace Blvd. N.E. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-232, 233, 234, 235, 236, 237, 238, 239, 240, 241, and 242 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-232, 233, 234, 235, 236, 237, 238, 239, 240, 241, and 242 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe City Council Agenda Monday, October 13, 2008 Page 5 of 5 rental licenses listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Accept bids and award contracts for Public Safety Center, Phase 2 -concrete, precast, structural steel p218 Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-03-1 to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-03-2 to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-OS-l to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. Other Business Adopt Resolution 2008-229, beins a Resolution annrovine the acauisition of property located at 4647 Polk Street. p219 MOTION: Move to waive the reading of Resolution 2008-229, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-229, being a Resolution approving the acquisition of property located at 4647 Polls Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8. ADMINISTRATIVE REPORTS Report ofthe City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJO ENT Walter R. Fe st, City Manager W F/pvm PROCLAMATION ******************************************************************************* OCTOBER, 2008 - POLISH AMERICAN HERITAGE MONTH WHEREAS, October is Polish-American Heritage Month, a national celebration of Polish Heritage. This is the twenty-seventh anniversary of the Polish American Heritage Month Committee which was founded in Philadelphia, Pennsylvania. Its mission is to bring attention to the contributions of Poles and Polish Americans to the United States and the World. WHEREAS, this year marks the 400th anniversary of the arrival of the first Polish immigrants to America at Jamestown, VA on October 1, 1608 twelve years before the first pilgrims landed at Plymouth in 1620. WHEREAS, many residents of Columbia Heights take pride in their Polish heritage, culture and traditions. WHEREAS, our Columbia Heights, MN /Lomianki, Poland -Sister Cities, International, Committee is celebrating their Seventeenth Anniversary and actively promotes global, peaceful people-to-people relationships. WHEREAS, our local group of dedicated volunteers is proud of sponsoring successful civic, educational, cultural and humanitarian activities for seventeen years. WHEREAS, we appreciate the cooperation and support of our City and School officials, residents and businesses in the community and surrounding areas. WHEREAS, our bond of friendship has been especially strengthened when the City of Lomianki hosted nine of our SC1 student-members and two chaperones fora 16 day visit to their city, Warsaw and other Polish cities this past summer. In August, 2009, we will be hosting their group of nine students and a chaperone. This will be a special opportunity to welcome them to Columbia Heights and show them our community, Twin Cities and Minnesota. NOW, THEREFORE, BE IT PROCLAIMED, that I, Gary L. Peterson, Mayor of the City of Columbia Heights, Minnesota, do hereby designate October as: POLISH AMERICAN HERITAGE MONTH Mayor Gary L. Peterson 6 OFFICL~I. PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 22, 2008 T he following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on lvlonday, September 22, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Neights, MN. Resolutions mc~y be found at the end of this documenC. CALL TO ORDER/ROLL CALL/INVOCATION Lorraine Mell, Pastoral Minister, Immaculate Conception Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to add discussion of the proposed budget, work authorized by the City Manager for Public Safety Building, TIF reductions to bank building in the 1990's, information on the plaza next to the bank building and how the bank has been allowed to use the facility, and paving of streets in the K-mart project. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. October 5, 2008 - "The Columbia Heights Jaycees Golden Anniversary Day. Mayor Peterson read the proclamation. He presented it to the Jaycees members that were present. Jim Kordiak thanked the Mayor and City Council. He stated his pride in the group and referred to programs they have sponsored. Mel Anarud stated that this group helped to pass the school referendum and the trash contract was a result of the Jaycees. Jim Clemmens and Hank Wurtz were also present. Fehst questioned the end of the Columbia Heights organization. Kordiak indicated there are still Jaycees chapters in the area. Anarud indicated that the breakfast club still meets that was organized when the group began. Nawrocki stated he was a member of the Jaycees. When he began on the Council there was only one park. He gave the history of park planning and budgeting for parkland in the City, and stated that the Jaycees went door to door to obtain support of the bond issue. B. Charter Commission -end of term recognition Mayor Peterson read the recognition certificate of Joe Sturdevant for his service on the Charter Commission. C. Financial Planning Week -October 6 - 12, 2008. Mayor Peterson read the Financial Planning Week proclamation. D. Library Spaghetti Dinner fund raiser. Marlaine Szurek, Chair of the Columbia Heights Library Foundation, invited. everyone to attend their fundraiser on Wednesday, September 24 from 4:00 to 8:00 p.m. Tasty Pizza, Olive Garden and McDonalds are providing the food and drink. She asked for the citizen's support of the Library and stated they will also hold their theater fundraiser in December. Diehm asked if there are advance ticket sales. Szurek stated the tickets can be purchased in advance and at the door. Williams asked if there would be a silent auction. Szurek stated no, there will be one at the December theater event. City Council Minutes Monday, September 22, 2008 Page 2 of l3 E. Peterson indicated the Fire Department Open House will be held on October 11, from 1.1:00 a.m. to 3:00 p.m. CONSENT AGENDA Nawrocki requested the removal of items A and L. City Manager Walt Fehst took Councilmembers through the Consent Agenda items: A. Approve minutes of the September 8.2008 Columbia Heights City Council meeting_ -removed B. Approve the minutes of the Prirnary Election Canvas held on Wednesday, September 10, 2008. Motion to approve the minutes of the Primary Election Canvas held on Wednesday, September 10, 2008. C. Accept Board and Commission minutes. Motion to accept the July 23, 2008 minutes of the Park and Recreation Commission meeting. D. Table Ordinance No. 1558, being an Ordinance abolishing the Police and Fire Civil Service Commission. Fehst stated this had been continued due to concerns of the Fire Department Union. It may be possible to separate the Police Department from the commission and continue it with only the Fire Department. Motion to table Ordinance No. 1558, being an Ordinance abolishing the Police and Fire Civil Service Commission, to a future City Council meeting. E. Adopt Resolution 2008-213, beina a Resolution accepting certain donations received by the City of Columbia Heights Motion to waive the reading of Resolution 2008-213 there being ample copies available to the public. Motion to adopt Resolution 2008-213 being a Resolution to accept certain donations received by the City of Columbia Heights. F. Approve final payment for Zone 1 B, 2 and 3A Seal Coat Project #0801 Motion to accept the work for 2008 Seal Coat, City Project #0801, and authorize final payment of $142,087.65 to Allied Blacktop Company of Maple Grove, Minnesota. G. Establishing amount of assessments to be levied Nawrocki questioned. costs for general and state aid funds. Kathy Young, Assistant City Engineer, stated $500,000 is from the Cooperative Agreement Grant with MnDot, about $100,000 is from our utility funds, and the rest is from the Municipal State Aid funds. Assessments are $79,400. Motion to waive the reading of Resolution No. 2008-214, there being ample copies available for the public. Motion to adopt Resolution No. 2008-214, being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. City Council Minutes Monday, September 22, 2008 Page 3 of 13 H. Approve rental-housing license at 4610-12 Fillmore Street N.E. Motion to issue arental-housing license to Moshen Dessouki to operate the rental property located at 4610-12 Fillmore Street N.E. in that the provisions of the residential maintenance code are now in compliance. I. Approve arental-housing; license at 543 Lomianki Lane N.E. Motion to issue arental-housing license to Rob Machael to operate the rental. property located at 543 Lomianki Lane N.E. in that the provisions of the residential maintenance code are now in compliance. J. Approval of the attached list of rental housing license applications. Motion to approve the items listed for rental housing license applications for September 22, 2008, in that they have met the requirements of the Residential Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 22, 2008 as presented. L. Approve payment of the bills. -removed Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of items A and L. Upon vote: All ayes. Motion carried. A. Approve minutes of the September 8. 2008 Columbia Hei ht.~ s City Council meeting Nawrocki stated that on page 15, 2°d paragraph, HRA Levy amount of $467,567, which he asked be reduced by $71,000, that the actually the levy as proposed was $267,279. Nawrocki indicated that on page 18, the second sentence after talking about Comcast, stated he talked about the license to steal; rather he expressed an opinion that the '96 action of Congress took away a lot of the authority of the local cable franchising for groups like the city, and in his view was a license to steal, not the peg fee. Also, regarding Federal grants, he asked how the plaza tied in and if there was anything in the grants that affected the ability to use the plaza for the bank. The speed bump on Stinson was a request by a resident living on Stinson and he asked that it be referred to the Traffic Commission. Also, Deb Johnson asked that her first name be corrected. Motion by Nawrocki, second by Williams, to approve minutes of the September 8, 2008 Columbia Heights City Council meeting as corrected. Upon vote: All ayes. Motion carried. M. Approve payment of the bills. Nawrocki stated that one item is under the name of AutoWorld and indicated that Williams may want to abstain. Motion by Nawrocki, second by Diehm, to approve the payment of the bills out of the proper fund. as listed in the attached register covering Check Number 127285 through Check Number 127458 in the amount of $1,364,759.08. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2008-215, 1815 42nd Avenue N.E., 2008-216. 1401-03 42-1/2 Avenue N.E., 2008-217 4647 Polk Street N.E. 2008-218 4038 Madison Street N.E. 2008-219 4029-31 2nd Street N.E., 2008-220, 1020 44th Avenue N.E., and 2008-223, 4100 Reservoir Blvd. N.E. being 9 City Council Minutes Monday, September 22, 2008 Page 4 of 13 Resolutions of the City Council of the City of Columbia Hei hg is approving., rental ]icense revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman indicated the revocation violations: 1815 42°d Avenue -failure to submit to inspection and submit license and application fees. 1401-1403 42 '/z Avenue -failure to submit license and application fees. 4647 Polk Street -failure to submit to inspection and submit license and application fees. 4038 Madison Street -failure to submit to inspection, and submit license and application fees. 4029-4031 2°d Street -failure to submit license and application fees. 1020 44t~' Avenue -failure to submit license and application fees. 4100 Reservoir Blvd. -failure to submit to inspection, and submit license and application fees. Gorman stated that most of these properties are vacant. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-215, 216, 217, 218, 219, 220, and 223 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2008-215, 216, 217, 218, 219, 220, and 223 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2008-225, 1200-02 Circle Terrace Blvd. N.E., 2008-226, 962 42-1/2 Avenue N.E. and 2008-227 4254 2nd Street N.E. being declarations of nuisance and. abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated violations for the abatements. 1200-1202 Circle Terrace Blvd -paint front door, brush removal, paint fascia 962 42 % Avenue -remove tree stump 4254 2nd Street -repair yard next to the alley Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolutions Number 2008-225, 226, and 227 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolutions Number 2008-225, 226, and 227 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. Diehm asked if there was any response to the lifting on the moratorium for rental licenses. Gorman stated there were 30-35 pending requests, so there has been a rush. It is going well. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst suggested a budget work session for October 29, to highlight items, as there are five 10 City Council Minutes Monday, September 22, 2008 Page 5 of 13 Wednesdays in October. Nawrocki objected and stated the next two Mondays are available. Fehst indicated the budget has already been reduced quite a bit. He stated the presentation would not be ready b_y next Monday. Nawrocki objected. and indicated he offered suggestions at the last meeting. He does not consider a Power Point presentation working on the details of the budget. He asked Elrite if the County accepted our proposed levy resolution. Elrite stated that we have not heard otherwise. Nawrocki stated that after the reduced budget vote he was asked why he voted against it. He indicated that even with the reduction it is still a double digit tax increase following the double digit increase last year. This is all the more reason to get into the budget details. Nawrocki repeated his objection to a double digit increase, and the levy approval for Anoka County is hidden on the property tax statement. Nawrocki asked Elrite what percent of the levy the County keeps. Elrite stated they keep 10-15 percent. Fehst stated that money is set aside to improve housing. Nawrocki indicated that rather than the County levying funds, we would have had more available if we had done it ourselves and kept the administrative fee. Fehst stated that approximately two-thirds of the levy increase is Council approved items for the Public Safety building and the retrofit of Murzyn Hall, which has not had improvements in 30 years. The operational levy will be about four percent. Nawrocki stated there is enough of a surplus in the park fund that we could pay for a couple years of operations. Fehst suggested that be discussed on October 29. Nawrocki stated that some of the millions held in reserve and could be used for some of the debt service. Fehst stated that we did that with $3 million for the gym at the high school, from the fund balance. Peterson suggested that Council members go through the budget themselves, make a list of questions and suggestions and give them to the City Manager and to the rest of the Council to review. Nawrocki stated that only general information has been given so far. The Council should be able to go through it together and. ask questions. Fehst asked Elrite when the final document would be available. Elrite stated the final budget detail books are in process. The power point presentation was scheduled for later October. The detailed budget workbooks will go out this week. Nawrocki stated that the Anoka County Elected Officials meeting is on October 29t". Fehst stated that the budget meeting would be more important. Nawrocki felt it is important to meet with other government officials. Disagreement continued. Motion by Nawrocki, to establish Monday, September 29 and Monday, October 6 at 7:00 p.m. for work sessions on the proposed budget. Peterson called for a second to the motion. Motion died for lack of a second. Diehm stated we would not be prepared to meet on these dates if we receive the books this week. Nawrocki continued to indicate his concern. Motion by Diehm, second by Kelzenberg, to schedule a budget work session meeting for Wednesday, October 29, 2008, at 7:00 p.m. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - l nay. Motion carried. Fehst indicated that Landwehr is doing an excellent job on the Public Safety building work site with water lines and storm water lines 90 percent complete, sewer Lines 80 percent complete, and with continued work on parking areas. Major changes were authorized, as soil compaction was better than anticipated, which will save money on the footings. We will need a special session in October for bid package #2. Fehst listed when the bids would be available, opened and submitted to the Council for approval. At this point, the cost has been approximately $445,000. Nawrocki requested a list of authorized work. Fehst stated he would get this to him. 11 City Council Minutes Monday, September 22, 2008 Page 6 of 13 Nawrocki referred to comments on the bank building, whereby the City Council reduced their TIF payments in the 1990's. He requested more detail on this. Fehst stated that in 1994 the City Council and HRA agreed to lower their tax agreement. The HRA also lowered the property tax level on the shopping center. This has caused the loss of tax dollars and has affected the tax rate. The history of the action was discussed. Fehst referred. to businesses in another community that had the same request, were denied, and they continued business without the reduction. Nawrocki questioned if there was anything in the federal grant for the parking ramp that tied into the plaza. Fehst stated the bank has an easement under the plaza and there was nothing in the grant regarding the plaza. Jim. Hoeft, City Attorney, stated that the recent property survey showed a bank easement for drive through purposes. There was no documentation prohibiting what the city is suggesting regarding the parking ramp or the plaza in the federal grant. Nawrocki requested to see a copy of the easement. Fehst stated that an assessor is appraising the plaza. Hoeft stated that the bank owners have no problem with the easement. Nawrocki referred to street pavement that has not been finished at Grand Central Lofts and. street pot holes in the development. These are private streets. Report of the City Attorney -nothing to report. CITIZENS FORUM Doug Jones, 4025 Stinson Boulevard, stated that he worked to obtain a bike path in St. Anthony on Silver Lane. He has submitted a petition to the Public Works Director for striping of a bike path along Stinson Boulevard because of the large amount of pedestrian and bicycle traffic. When the street was striped in St. Anthony, traffic slowed and pedestrian traffic increased. He asked that the city do this on Stinson Boulevard. This would provide a walkway around Silver Lake in conjunction with the beach area walkway. He stated his understanding that the City is working with the Three Rivers group on a walkway. He asked that the Council move forward with the striping to provide safety to residents. St. Anthony will work with us, as the first home is in their community. Nawrocki asked if the petition was referred to the Traffic Commission. Peterson stated it was. Jones stated that in St. Anthony, Council approval was not necessary; staff just "did it". Nawrocki stated that the Traffic Commission meets once a month and that is why we have them. Relative to tying in to the Three Rivers Park District, the Public Works Director has indicated the District was not interested. Fehst stated they wish to protect that area. Jones stated he would follow up on the Three Rivers group input. Fehst referred to their parking concerns, which we would have a large area for parking. A gate to the park for closure at night is understandable. Fehst stated that there seems to be support for this request. Jones stated his concern that the street be stripped before weather conditions do not allow it. COUNCIL CORNER Kelzenberg • Read a police item from the green sheet. • Was not able to attend the last Council meeting, as his son was nominated. as Homecoming king. Williams • Complimented our new Police Chief on the drop in crime. Fehst stated this is an o~°gani~ed effort, bring groups together to assist. A thank you lunch was held, for those that assisted with the Jamboree. We receive a weekly crime report with an astounding numbers of arrests, etc. 12 City Council Minutes Monday, September 22, 2008 Page 7 of 13 We have had a lot less crime due to these efforts. The Chief has asked for a crime prevention specialist with the objective to protect our citizens. Chief Nadeau has networked with the County and other groups. Petersen added that over SOD hours were donated to our police department. Kassie Peterrnan did a wonderful newspaper article on our crime reduction. Diehm • An open gym program has begun at the high school, coordinated by our police officers. The second session is tomorrow. She encouraged attendance. • Crestview Gala will be held on October 23. • SACA food shelf -there is still aneed -think of others and contribute. Nawrocki Has a copy of the last police crime report available for review. Cable Channel 16, has the EDA agenda listed. Glad the Board and Commission meeting agendas are on cable. The EDA discussion will be the commercial development on the Grand Central Lofts side of Central. The agendas should have more detail. Disappointed with this Council not spending more time on the budget. Peterson • Don't take ourselves too seriously and don't forget our service men and women. Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:26 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2008-214 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 25th day of August, 2008, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2008, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION PORTION TOTAL University Avenue Service Drive Street Construction Project 0602 $ 6,400. $ 79,400. $ 85,800. University Avenue Service Drive General, State Aid., and Utili Funds $659,200. - $659,200. Zone 1B, 2 and 3A Street Seal Coat, Project 0801 $ 14,300. $142,500. $156,800. 13 City Council Minutes Monday, September 22, 2008 Page 8 of 13 RESOLUTION 2008-215 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of tlldt certain residential rental license held by James ~'~'. Gilbert (I-Iereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 18l 5 42"d Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 9, 2008 of an public hearing to be held on September 22, 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 July ] 5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8521 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 2008-216 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by U.S. Bank National (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-03 42-1/2 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 8, 2008 of an public hearing to be held on September 22, 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 July 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III: SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8571 is hereby revoked; 14 City Council Minutes Monday, September 22, 2008 Page 9 of 13 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 'oy License Holder. RESOLUTION 2008-217 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Henrique C Dos Anjos (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4647 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 9, 2008 of an public hearing to be held on September 22, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on or about July l 5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon. said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8689 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 2008-218 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Aaron Holbeck (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4038 Madison Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 9, 2008 of an public hearing to be held on September 22, 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 July 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application. and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III SA.306 and SA.303(A). 15 City Council Minutes Monday, September 22, 2008 Page 10 of 13 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8721 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 2008-219 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4029-31 2°d Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 8, 2008 of an public hearing to be held on September 22, 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 July 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8566 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 2008-220 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A) of that certain residential rental license held by Leslie Lindquist (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 1020 44`h Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 8, 2008 of an public hearing to be held on September 22, 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 July 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based 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 16 City Council Minutes Monday, September 22, 2008 Page 11 of 13 this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8705 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 2008-223 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Greenpoint Mortgage Funding (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 41.00 Reservoir Boulevard N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 9, 2008 of an public hearing to be held on September 22, 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 July 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article Iil SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8659A 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 2008-225 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 Michelle A. belly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1200-02 Cirlce Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 4, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 28, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 4, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations 17 City Council Minutes Monday, September 22, 2008 Page 12 of 13 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 September 10, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and v3olat~ons of City Codes(s) were found to exist, to wit: Shall paint the front door, shall remove the brush pile in the back yard behind the shed, and shall scrape and paint the fascia 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1200-02 Circle Terrace Boulevard 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 1200-02 Circle Terrace Boulevard 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 2008-226 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 Vicente Lopez-Mendoza (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal. owner of the real property located at 962 42-1/2 Avenue 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 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 July 17, 2008 an inspection was conducted on the property listed above. Inspectors found one violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 4, 2008 inspectors re-inspected the property listed above. Inspectors noted that three 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 September 10, 2008 inspectors reinspected the property and found that three 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 remove the dead tree (tree stump) in the yard on the, east side of the drive to within 2-4 inches below ground level. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 962 42-1/2 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served. notice of this hearing, and any other hearings relevant to the abatement of violations on the 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 962 42-1/2 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-227 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 Stephanie Carr (Hereinafter "Owner of Record"). 18 City Council Minutes Monday, September 22, 2008 Page l3 of l3 Whereas, the owner of record is the legal owner of the real property located at 4254 2"d Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 27, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 22, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 27, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September I I, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the yard next to the alley where cars have been illegally parking on the lawn/landscaped area. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4254 2"d Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4254 2"d 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. 19 Approved ~ 10/7/2008 ~ ~ ~~~_ COLUMBIA I-IEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 2, 2008 The Library Board welcomed Mary Busman, Principal of Valley View Elementary at 6:56 p.m. to give a presentation on CAPP, Comprehensive Arts Program Planning. Marsha Tubbs, Children's Librarian was also in attendance. The PowerPoint presentation given by Busman detailed the process of the LAPP committee through the original brainstorming and surveying to the creation of the five-year plan. Busman noted their goal "To expand and enrich arts programming in Columbia Heights," and the discrepancy between the view of the arts by parents and administration versus the students. She also clarified the term Arts Integration as teaching core subjects with an arts component. Vesley questioned the current arts staffing in the Schools. Busman stated that many new positions have been added to support and increase the arts staff including a full-time High School choir teacher and Middle School Band Director. Velsey noted the lack of presentation space for art in Columbia Heights, and questioned how the School is helping students see the relevance of art outside of school. Discussion followed concerning the tangible creations of the students and how they can and are being displayed. Busman noted that in Year 2 of the CAPP five-year plan they address showcasing of student art. Miller asked if and how they will be training teachers to use Art Integration in their classroom. Busman cited the segment of t11e plan for professional development and training. Miller asked "How does the Library fit in?" Busman expressed the desire that both entities support the other and its programs. Discussion followed concerning the recent school statistics in the newspaper. Loader stated that a Library goal in this partnership is to bring students to the Library and introduce them to its offerings. Tubbs stated that the Library wants them to check out materials and discover the wealth of information at the Library. Discussion followed concerning the increasing amount of students that are apart of the free and reduced lunch program, as well as the changing demographics of the population. Zo Loader brought it to the attention of the Board that Tubbs is working on grants and is on the committee with Busman. Tubbs explained the Arts & Culture programs that are a part of the grant. Loader thanked Busman for coming to explain the CAPP program, and the Library hopes to continue to develop its partnership with the schools. Miller extended an offer of the assistance of the Library Board. Busman thanked the Library Board for having her and left the meeting at 7:57 p.m. The Library Board discussed the collaboration with the Recreation Department and their increased involvement in Arts related events. Tubbs departed at 8:05 p.m. The business meeting was called to order by Chair, Barbara Miller at 8:07 p.m. Members present were, Barbara Miller, Catherine Vesley, Patricia Sowada, Nancy Hoium and Lynette Thomson. Also present: Becky Loader, and Stacey Hendren. Not present: City Council Representative Bruce Kelzenberg. The minutes of the August 6, 2008, Board meeting were approved as mailed The bill list dated 8/25/08 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 9/8/08 was reviewed from the floor. It was moved, seconded and passed that the bills be paid. The accounting dated 8/6/08 was reviewed. Old Business: 1&2. Loader gave an update on the proposed 2009 budget. There have been major cuts in the proposed budget that have been negotiated. while working with the projected ILS costs. Personnel charges for the IS Department to maintain the Library system, as well as charges for new equipment are included in the current proposed budget. Loader continues to work on the detail budget book. Discussion continued about the possibility of a new library building sometime in the firture. 3. The painting of the lobby has been completed. Scheduling the painting during Staff Day proved. to be a wise decision. 4. The replacement of the carpeting in the lobby is scheduled for September 5, 2008. Public Works will take down the workstations in the morning, and put them back up at the end of the day. 5. The Policy containing the use of cell phones in tl~e library was discussed. It was decided that no changes be made at this time. New Business: 1. The Board reviewed the proposed 2009 Holiday and Closed Day Schedule. Saturday, December 26`h was noted and approved as a closed date. It was moved, seconded and passed. that the 2009 Holiday and Closed Day Schedule be adopted. 2. The Board. reviewed the July crossover statistics and noted the increasing gate count. Items from the Floor: 1. Hendren gave a brief demonstration of the Library Cable channel. Some of the policy pages now include Spanish language translations due to a recommendation by Sowada. 2 21 There being no further business, the meeting was adjourned at 8:36 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate ira all City of Columbia Heights services, programs, and activities. 22 PLANNING AND ZONING CONIlVIISSION MINUTES OF THE REGULAR MEETING OCTOBER 7, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peter°son, to approve the minutes from the meeting of September 3, 2008. All aves. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-1001 APPLICANT: Church of All Nations LOCATION: 4301 Benjamin Street REQUEST: Parking Setback Variance INTRODUCTION In the summer of 2008, the Church of All Nations upgraded the parking lot for the church located at 4301 Benjamin Street, by replacing the crumbling asphalt with a concrete surface. As part of the overall plan for the project, the Church of All Nations decided to reconfigure the parking lot by incorporating angled parking in an effort to create much needed parking for parishioners. During the construction. of the new parking lot, the church also decided to remove a landscaped area adjacent to Benjamin Street and replace it with more parking stalls, again in an effort to obtain more on-site parking. What the church. did not realize is that removing the landscaped area and replacing it with parking, was a violation of the City's Zoning Code. The need for additional on-site parking for the church is apparent, as the church has grown dramatically in membership over the last several years, with membership and worship attendance of nearly 250 people. At this time, the Church of All Nations is requesting a 21.5-foot front yard setback variance for parking per Code Section 9.109 (C). COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Institutional, which supports religious institutions. A variance to allow more parking on this site would be consistent with the intent of the Comprehensive Plan guiding of the area. ZONING ORDINANCE The property located at 4301 Benjamin Street is zoned R-1, Single Family Residential and is also located within the Shoreland Overlay District of Silver Lake. All the properties in the immediate vicinity are also zoned R-1, with the exception of Silver Lake Beach located to the southeast. 23 Planning & Zoning Commission Minutes Page 2 October 7, 2008 The R-1 District requires a 25-foot front yard parking setback. The Church of All Nations is proposing to add more parking at a setback equal to apre-established setback distance for other parking on the property. Because this pre-established distance is only 3.5 feet from the front property line, a 21.5-foot front yard parking setback variance is required. in order for the church to obtain the additional parking they need. SHORELAND DISTRICT. The property at 4301 Benjamin Street is located within the Shoreland Overlay District of Silver Lake. The Shoreland Ordinance was established in order to help protect impaired waterways throughout the City of Columbia Heights. One way the ordinance accomplishes this is to require no more than. 35% of a property be covered with hard surface materials. This ensures a low rate of rainwater runoff and helps reduce the amount of sediment entering the protected lakes. The Church of All Nations property is approximately 90,785 square feet in area, and prior to the construction of the new parking lot, had approximately 49,000 square feet of hard surfaces covering the lot. This equates to approximately 54% of the property covered with hard surface materials before the new parking lot was installed. Because of the cost of the concrete parking surface, the Church of All Nations was forced to slightly reduce the overall size of the parking lot. Even with the inclusion of the paved area that the church is requesting a variance for, the overall hard surface area on the property has been reduced. LANDSCAPING. The City of Columbia Heights received some concerns that the Church of All Nations had removed required landscaping abutting Benjamin Street. Upon inspection of the property, it was discovered that the church installed the concrete parking lot directly up to the curb along Benjamin Street. The City requires that all the setback areas be landscaped with sod and trees, and that the City right-of--way be landscaped as well. Originally, the Church of All Nations proposed using a concrete planter constructed of retaining wall bricks to serve as the required landscaping in the city right-of--way. This would be acost-savings approach because cutting up and. removing the existing concrete would be too expensive for the church. City Engineer Kevin Hansen stated that this would not be a viable option however, as the contents within the proposed planter would infiltrate into the storm sewer during a rain event. Also, as the moisture in the planter expands during the freezing cycle, the planter would break apart. City Staff requires that the area between the curb line of Benjamin Street and the approved parking lot setback be landscaped in a manner approved by the City Engineer. STORMWATER MANAGEMENT. During the construction of the parking lot, the Rice Creek Watershed District (RCWD) contacted the Church of Ali Nations because of some concerns they had regarding stormwater management and rainwater runoff. Since that time, the Church of All Nations has worked with RCWD and resolved all their concerns. The City of Columbia Heights would like evidence that all requirements of RCWD have been fulfilled. 24 Planning & Zoning Commission Minutes Page 3 October 7, 2008 FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The hardship in this case is based on a large parking setback requirement for a church located in a residentially zoned area, coupled with the growing need for additional on-site parking. Churches are allowed in all zoning districts with a Conditional Use Permit. The underlying parking setback requirements for residential properties are proper for residential uses, but are restrictive for a church use that needs ample amount of on-site parking. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The parcel in question is in a residentially zoned area with a church use. The Church of All Nations is experiencing rapid membership growth, which requires more on-site parking. The majority of other parcels in the R-1 District do not have the same use of land to contend with. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship is caused by provisions of the ordinance, which require a larger parking setback than what would be found in other zoning districts for a church use. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would support the use of the property as a church and the guidance of the property as an institutional use. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance wozrld create more on-site parking for the church. This would be beneficial to the surrounding area, as fewer vehicles would be parked on the street, cazzsing less congestion. The requested setback variance will also reflect an existing established setback for parking on the property, so the degree of nonconformity will not be increasing. 25 Planning & Zoning Commission Minutes Page 4 October 7, 2008 Staff recommends approval of the variance request. The proposed setback for parking at 3.5 feet from the front property line is keeping inline with apre-established parking setback of the same distance. With a growing membership, the Church of All Nations needs more on-site parking, which the variance would allow for. This would allow parishioners to remain on-site and not park in the street. Questions from members: Szurek questioned exactly how much green space needed to be restored to satisfy the requirements if they allowed them to use the pre-existing set back. Sargent reviewed the maps with the commission members detailing the portion that would need to be restored to landscaped, green space which is required to control water run off. He explained that church members who did the work were unaware of the zoning ordinance requirements at the time they did the project. Since re-paving a parking lot does not require a permit, they failed to check on other issues that would pertain to the property. He said staff may recommend establishing a permitting process for properties located in the Shoreland Overlay District to ensure compliance with the new requirements. Sargent also explained that their plan to remedy the situation with planters over the concrete was not acceptable to Kevin Hansen, the City Engineer, as excess water and dirt would wash into the storm sewer system, rather than soak into the ground. He stated that Hansen would need to approve whatever plan they come up with, but feels the best solution is to cut out the section of concrete and restore it to a sodded area with trees. With this stipulation in place, staff recommends approving the variance for the extended parking. All. members were in agreement that the new parking lot is a big improvement of the site and acknowledged the expense and work that went into the project. They also realize the expense of removing some of it, but stated there are rules in place for a reason, both from the City's standpoint and the Rice Creek Water Shed as it lies in the Shoreland Overlay District of Silver Lake. Thompson stated he supports the variance if the green area is restored with sod and trees. He believes that the current location of parking spaces that close to the road is dangerous especially in the winter when plowing throws huge ice chunks that could cause damage to cars in the lot. He also felt a parking plan indicating the handicap spots should be submitted for approval. Schmitt questioned the date of June 2009 to restore the green space. Sargent explained that staff was allowing this time frame because of the change of seasons and to allow the church members to make a decision of how to correct the green space issue in a cost effective way. 26 Planning & Zoning Commission Members Page 5 October ~, 2008 Fublic Hearing Opened: Lloyd Thelen from Dayton, is a new member of the church. He said the membership thought they were making a huge improvement to their property and expended all their funds into the project. Since they were informed of possible violations, they have stopped all work until the situation is resolved. They will do whatever is necessary to comply with the direction they are given. Jim Neeb lives across the street from the church. He acknowledged the new parking lot looks much nicer than the old one did, however, he would like to see some green space to somewhat buffer the parking lot area. Joo Kim 4209 Washington St also is a member of the church. He explained they did convert some space that once was parking lot to green space that isn't depicted on the pictures used. He said the additional green space is located behind the silt fence, and although it hasn't been planted yet, it will be. He also shared an idea they had for a raised bed of plantings. Szurek told hiin that it would be up to Kevin Hansen to approve any idea they come up with, but that any run off cannot be directed to the catch basin. That is what they are trying to prevent. Kim said that most of the drainage goes to the back of the property adjacent to the City Parkland where it was sodded prior to the work the city is doing on it at present. He said that Rice Creek Watershed has been very helpful and that they are satisfied with the project on their end. Szurek assured him the park property will be restored to a sodded area once the project is complete. Dana Haroway of 1.302 45 '/z Ave is a member who said they chose concrete because another member was able to do the work with volunteer help from the membership. She stated they were not trying to break any rules and were making their best attempt at improving the site. She said their goal was to provide more parking in the lot and to limit the amount of parking on the neighborhood streets. Gary Peterson reported he spoke with Pastor Jin and that he had visited the site and discussed the possible planter idea with him. Since Kevin Hansen denied that option, he is confident that members will come up with an alternative that is acceptable. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the variance to code section 9.109 (C), fora 21.5-foot front yard parking setback variance for the Church of All Nations located at 4301 Benjamin Street, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The Church of All. Nations shall submit a plan to restore the right-of--way and area between the property line and the approved parking setback with landscaping by June 1, 2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. All ayes. MOTION PASSES. The following Resolution will go to the City Council October 13, 2008. 27 Planning & Zoning Commission Minutes Page 6 October 7, 2008 RESOLUTION N0.2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THE CHURCH OF ALL NATIONS WHEREAS, a proposal (Case # 2008-] 001) has been submitted by the Church of All Nations to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4301 Benjamin Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 21.5-foot front yard parking setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 7, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would. cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTION~4 ATTACHED: 1. The Church of All Nations shall submit a plan to restore the right-of--way and area between the property line and the approved parking setback with landscaping by June ], 2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. 28 Planning & Zoning Commission Minutes Pagel October 7, 2008 Thomppon stated he had obtained a temporary sign permit for a Charity event being hosted for the Fire Explorers. He had asked that the fee be waived, but was told it couldn't be. Sargent responded that staff has been discussing this issue and has decided the fee will be refunded to Mr. Thompson. Sargent told members that a Resolution would be going to the City Council October 27, 2008 to request an extension for the submittal of the Comprehensive Plan Update. He said that due to staff changes and the changes taking place in the economy and housing market during the last year, the focus has shifted. on what issues the city will need to concentrate on. The biggest issue is the increase in rental properties due to the Large number of foreclosures that have taken place in our city. Gary Peterson told members that the City Council and staff have implemented several new policies to help with this situation. He told them about the new, more stringent inspection that new rental properties must go through prior to getting a license to rent. Also being considered is a "vacant property" policy that will require an inspection to ensure the house is habitable prior to anyone being able to re-sell something that is unsafe for occupancy. He believes this pro-active approach will help maintain the housing stock especially in regards to the rapidly increasing number of rental properties in our city. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Shelley Hanson Secretary 29 ECONOMIC DEVELOPMENT AUTHORITY (EDA} REGULAR MEETING MINUTES August 26, 2008 CALL TO ORDER/ROLL CALL President, Gary L. Peterson called the meeting to order at 7:02 p,m, Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek, Gerry Herringer and Bruce Kelzenberg Staff Present: Scott Clark, Walter R. Fehst, Sheila Cartney, Cheryl Bakken PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of June 16th, July 28t" and August 11, 2008 and Financial Report and Payment of Bills for the months of May, June, and July on Resolution 200$-11. Nawrocki asked a few questions on line items in the financial report. Staff clarified each item for him. Motion by Szurek, second by Williams, to waive the reading of resolution 2008-11, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Szurek, second by Kelzenberg, to approve the consent agenda. All ayes. Motion Carried. EDA RESOLUTION 2008-11 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR MAY, JUNE, AND JULY 2008 AND PAYMENT OF BILLS FOR THE MONTHS OF MAY, JUNE AND JULY 2008. WHEREAS, the Columbia Heights Economic Development Authority {EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows ail receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of May, June and July 2008 and the list of bills for the months of May, June and July of 2008 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and fist of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content: and BE IT FURTHER RESOLVED fhe financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic DevelopmentAuthority. 30 Economic Development Authority Meeting Minutes August 26, 2008 Page 2 of 6 BUSINESS ITEMS General Discussion on 4th Amendment to Contract for Private Redevelopment and Contract for Private Redevelopment, 4707 Central Avenue Clark stated on August 11, 2008 the EDA reviewed draft proposals of the two agreements and had two primary concerns: 1) relinquishing the housing developer from having to complete Phases 11 and Ill in order for the TIF note to be issued; and 2) the need to establish a "site clean-up"plan for the vacant areas of the housing development. Clark then asked all of the parties involved in this project to introduce themselves. Present was Steve Bubul, EDA Attorney, Pete Nelson, Nelson Building and Development, Jacob Ullery, Project Manager, Ehtesham Khoyratty, owner of the commercial piece, and Dave Kloeber, owner of Grand Central bofts. Clark stated staff is recommending two compromises, which includes the site clean up actions. The first one is that the redeveloper would be required to undertake the site/landscaping improvements to be completed sometime in the fall of 2009/2010 or they would be in default of the contract. The sife/landscaping improvements are: a) re- establish ground cover by removing all bituminous coverage from phase 11 and lll, removing all gravel areas, and replacing them with seeded landscaping and complete the original grading plan; b) fill in existing excavation pit; c) establish permanent catch basin lids; d) complete service drive around perimeter of the south and east end of the site; e) remove existing sign frame adjacent to Grand Avenue; and f) establish sod turf on all Cify right-of-way areas. The second action would be regarding the building phase out, which consists of.' a) the EDA would withhold 20% of available TIF on each payment under the note given to Grand Central Properties and keep those funds in an escrow account; b) if the redeveloper builds at least 70 additional units by the last payment date on the TlF note of February 1, 2014, the EDA would pay the entire amount accumulated in the escrow, including interest earnings; and c) if the redeveloper faits to build the required 70 units by February 1, 2014, the EDA would retain all withheld amounts and the note is deemed paid. What makes this deal complicated is that we need the sewer expansion along Central Avenue completed. If you pass the agreement, the TIF note would be split wifh half going to the commercial developer and half to the housing developer. Because of the sewer expansion needed, the developers would like to construct before winter. If there is an agreement, staff would come back to the EDA of a special meeting in two weeks. Nawrocki asked how much TlF funds have been collected to date and are they paying any taxes at this time. Clark stated, the housing note is estimated at $150,000 per year and taxes are being paid. To date the district has approximately $300, 000 in the fund balance. Nawrocki asked after the Met Council grant funds are used, who would be paying for 31 Economic Development Authority Meeting Minutes August 26, 2008 Page 3 of 6 the rest of the ramp. Clark stated the developer would be. Diehm stated the $750, 000, is proposed to be split up and the commercial developer would receive $440,000 that will be generated from TIF. Steve Bubul stated the $440, 000 is the present value number using today's dollars. Clark stated in summary, that the commercial developer is getting $440, 000 over a period of 10 years, plus the given interest rate. In addition, he would receive $350, 000 from the housing developer and $950, 000 from the Met Council grant for the ramp. Diehm asked Kloeber what the status of the housing portion was. Kloiber stated there are 34 or 35 units left. The townhouses are not moving, as they need the sewer in place first before they can build anymore. Herringer stated in the Fourth Amendment, Page 2, Housing Improvements, it states "builds at least 70 additional condominium units'; that should be changed to read: "completes construction on at least 70 additional condominium units" and to insert our owner-occupied position as that is our original preference. Bubul agreed to make the changes. Diehm asked staff for an update on how we are going deal with the upcoming Met Council grant deadline for the ramp. Clark stated Cartney has been working with Deb Jensen at Met Council on this issue. The developer views they would like an extension, but feel they are going to be done with that portion if they can start in September. Met Council seems to be in agreement to extending the funds, due to the situation. Establishment of Special Meeting Date to Consider Agenda Item No. 4 Motion by Szurek, second by Williams, to set a Special Meeting Date of September 8, 2008 at 6:15 pm for consideration of 4t" Amendment to Contract for Private Redevelopment and Contract for Private Redevelopment, 4707 Central Avenue. All ayes. Motion Carried. Diehm told the developers the City is excited to get started on this development and is looking forward to working with them. Resolution 2008-09 and 2008-70, 2009 Budget and Special Benefit Levy Clark stated this item is carried over from a previous meeting. Clark stated each year the EDA has to approve both an EDA Levy and a Special Benefits Levy as part of the overall Community Development Budget. Staff is proposing a budget total of $347, 561, which is raised by: 1) EDA Levy of $80, 000, which is the same as 2008; and 2) a Special Benefit Levy authorized under the HRA Statutes in the amount of $267, 561. The HRA levy is an increase of $71, 000 from 2008 and represents an increase in the new levy amount authorized by State Statutes, at 100%. The reason this increase is necessary is because the EDA's budgeted revenue is combined with the Community Development Departments' other revenue sources (permits and licensing) to make up the total department budget. The HRA increase is necessary fo balance the overall 32 Economic Development Authority Meeting Minutes August 26, ?008 Page 4 of b departments' budget due to a projected $60, 000 to $70, 000 decrease in building permit fees for 2009. Nawrocki asked what the $35, 792 under revenue was from. Clark stated this is revenue received from Parkview Villa staff administrative time spent on Parkview issues and HUD document processing. Szurek stated she felt we shouldn't be in the rental housing business. We wouldn't need the HRA if we didn't own the building. If we let the County take over the building, that would free up funds for us to do other things in our City. Herringer stated we could possibly sell the building and use the funds for redeveloping the Cify. Clark stated two or three years ago staff obtained appraisals for Parkview Villa. Herringer stated with the budget the concern is the drop in permit fees based on the projects that are coming down the line. Clark stated that much of the Department's inspection work in 2009 would be from permits deposited in 2008. For example, with the Public Safety building, we are receiving no funds from the project. The 47t" and Central, New Perspectives, and 37th and Central permit funds will be permitted in 2008. Nawrocki stated he intends to vote against the motion as he objects to the increase. Motion by Szurek, second by Kelzenberg, to waive the reading of Resolution 2008-09, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Szurek, second by Kelzenberg, to Adopt Resolution 2008-09, a Resolution of the Economic Development Authority in and for Columbia Heights (EDA) Adopting the 2009 Budget and Setting the EDA Levy. Upon Vote: Szurek-aye, Herringer-aye, Nawrocki-nay, Williams-abstained, Diehm-aye, Kelzenberg-aye, Peterson-aye. Motion carried. Motion by Szurek, second by Diehm, to waive the reading of Resolution 2008-10, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Szurek, second by Kelzenberg, to Adopt Resolution 2008-10, a Resolution Authorizing the Levy of a Special Benefit Levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, and Approval of a Budget for Fiscal Year, 2009. Upon Vote: Szurek-aye, Herringer-aye, Nawrocki-nay, Diehm-aye, Williams-abstained, Kelzenberg-aye, Peterson-aye. Motion Carried. EDA RESOLUTION 2008-09 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITYIN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2009 BUDGET AND SETT/NG THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and 33 Economic Development Authority Meeting Minutes August 26, ?008 Page ~ of 6 WHEREAS, the City Gouncil has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levya tax on its area ofoperation forthe purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The EDA adopts and recommends to the City Cauncif for approval a budget of 347 561 for year 2009. 2. The EDA adopts and recommends to the City Council for approval a Levy of $80.000 for year 2009. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/Cify Clerk of the City of Columbia Heights, Mrnnesota RESOLUTION N0.2008-70 AUTHORIZING THE LEW OF A SPECIAL BENEFIT LEW PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2009 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081("EDA Act's the City of Columbia Heights ("Gity') created fhe Columbia Heights Economic DevelopmentAuthority (the "EDA'); and WHEREAS, pursuant to Cify Resolution 2001-62 and Ordinance No. 1442, fhe City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.OOi to 469.047 (the "HRA Act'), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA'); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, b levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City; and WHEREAS, fhe EDA desires to levy a special benefit levy in the amount of.0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that fhe HRA does not expect to levy a special benefit tax for fiscal year 2009; and WHEREAS, the EDA has before it forits consideration a copy of a budget forits operations forthe fiscal year2009 and the amount of the levy for collection in 2009 shah be based on this budget. NOW, THEREFORE, Be Jt Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: f . The budget of $347.561 for the operations of the EDA presented forconsideration bythe Board ofCommissioners ofthe EDA is hereby in all respects approved. Such budget includes fhe amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized and directed to fife the budget with the Cityin accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount equal to the lesser of a levy at a rate of.0185 percent of taxable market value in City, or $267.561 with respect to taxes payable in calendar year 2009. 4. Staffof the EDA are hereby authorized and directed to seek the approval by resolution ofthe City Council of the Cify ofthe levy of special benefit taxes in 2009 and to take such other actions as are necessary to levy and certify such levy. Other Business The next Regular EDA meeting will be Tuesday, September 23, 2008 at City Hall, with the Special meeting to be held at 6:15 pm on Monday, September 8, 2008. 34 Economic Development Authority Meeting Minutes August 26, 2008 Page 6 of 6 ADJOURNMENT Presiders±, Petersen, ad;ourrsed the meeting at 8:24 p.m. Respectfully submitted, Cheryl Bakken Community Develapment Secretary/CAP H:\EDAminutes2008\8-26-2008 35 ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES September 15, 2008 CALL TO ORDER/ROLL CALL President, Gary L. Petersan called the meeting to order at 6:19 p.m. Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Gerry Herringer and Bruce Kelzenberg Absent: Marlaine Szurek Staff Present: Scott Clark, Walter R. Fehst, and Cher Bakken PLEDGE OF ALLEGIANCE Nawrocki stated he objected to the way this meeting was called. Members should have been called. Fehst stated it was voted at the last meeting to have a special meeting on the 8th, which staff called to change to tonight. BUSINESS ITEMS Res.2008-12 and 13, 4th Amendment to Contract for Private Redevelopment-Grand Central Lofts and Contract for Private Redevelopment-4707 Central Avenue Clark stated both documents before you have been discussed at two previous meetings. Clark stated the first document is the Fourth Amendment to the Contract for Private Redevelopment. This document amends the original contract from September 2003. It essentially does two things: 1) splits the already agreed upon tax increment in half, between the commercial developer and the housing developer; and 2) it passes on the obligation to the commercial developer to do the sanitary sewer work necessary on Central Avenue. The concerns the Board had was that the original staff recommendation was that there was no penalty back to the housing developer if Phase 1I and 111 was not completed. Essentially, what staff brought back to the EDA at the last meeting and was agreed to, is that we will be holding back 20% of the money from the housing developer and he will have until 2014 to build Phase 11 and if he doesn't, the 20% would be forfeited. In addition to that the other obligation was that the temporary site improvements, listed as Schedule E; the re-establishment of ground cover and filling in and seeding of the excavation pit would also have to be done by May of 2009. Clark stated the second development is the Contract for Private Redevelopment between the EDA and Grand Central Commons. In 2003 there was the understanding that the commercial property would come in as a separate phase and would seek tax increment financing. Staff has gone through the "but for analysis" and has completely analyzed the performa. This document provides a tax increment financing note of a net present value of $440, 000 and the rest of the agreement is all of the standard language that goes along with this type of deal, e.g., the building permit process, mortgage financing, $4.6 million minimum assessment agreement etc.. 36 Economic Development Authority Meeting Minutes September 15, ?008 Special Meeting Page 2 of 4 Clark stated the last piece is identifying the Metropolitan Council Grant for the parking ramp in the amount of $374, 36Q. !n cur discu~ssior, with Metropolitan Council, they verbally stated they are willing to extend this past December 39St of this year. They would allow the ramp to be in private ownership and there would have to be a public use easement in place. Clark stated in the last 6 hours we have learned that Buffalo Wild Wings is uncommitted to the project, their lease is necessary to trigger the financing for this project. According to Mr. Khoratty his bank stated they would need a copy of both of these agreements and the lease. Khoyratty stated that a main issue is the ground freezing up for the sewer project that needs to go in. From staff's standpoint, it is important to act on the agreement if work is to commence in 2008. Staff noted a number of changes that would have fo occur. For example, the temporary improvements would have to be held up until spring. Mr. Khoratty would not receive any of the funds until all of the minimum improvements are done. If the EDA is willing to proceed, staff would recommend the following Agreement modifications: 1) EDA directs staff to add language to both the Met Council grant and the financing section, explicitly stating understand that this project will be built in two phases; and 2) that all TlF money be held up until the minimum improvements are completed. Clark stated the EDA could potentially act on the Fourth Amendment and not act upon the other amendment. The Fourth Amendment gets info the issue of splitting the $700, 000 and the obligations as far as the $350, 000 is concerned on the housing development. There are no other contract issues associated with the commercial developers obligations, except for the assumption that the commercial developer is going to construct the sewer improvements. Resident, Lee Stauch asked what if Buffalo Wild Wings decides to back out of the deal. Nawrocki stated we already discussed this and they have backed out of the deal. Clark then updated Mr. Stauch on the overall proposal discussion. Diehm stated she wasn't comfortable having changes made after we have approved the agreement tonight. She would prefer we approve the agreement as is, or consider it in a week. The pipe bursting wouldn't occur this week. Khoyratty stated that is correct, it will probably be next week. Herringer stated he would be more comfortable in seeing the final draft of the contract, before approving it. Then he asked Khoyratty what would be the problem with him starting in the spring, and when would he be meeting with the bank. Khoyratty stated he would like to start the sewer project this year with construction starting next year and that he would be meeting the bank tomorrow. Clark stated the questions are: 1) do we wait until next spring; or 2) do we wait and sign these next week after the modifications have been made. The window before the ground freezes to get the sanitary sewer in is six to eight weeks. Herringer told Khoyratty that we really want this development and will work with him to 37 Economic Development Authority Meeting Minutes September I5, 2008 Special Meeting Page 3 of 4 get this approved, but felt we really need to have this in the correct wording and that he would be willing to come to a special meeting to get this going. Clark stated he could have Bubul make the changes and have a special meeting on Monday night prior to the City Council meeting if the board would like to. (Bobby Williams left the meeting at 7:01 P. M.) Herringer stated he asked our attorney at the last meeting to put in owner-occupied text as much as possible. He also would like to see the verbiage changed under Section 4.3 (a) and (c), on page 5 and 6; "subject to unavoidable delays, must use best efforts, as market conditions allow and substantially complete". The words create controversy. Diehm stated we should give them a deadline. We should say the redeveloper must complete Phase ll by February 1, 2014. Motion by Nawrocki, second by Kelzenberg, to table approval of the 4th Amendment to Contract for Private Redevelopment and the Contract for Private Redevelopment until our Regular Meeting on Tuesday, September 23, 2008. Upon Vote: Diehm-aye, Kelzenberg-aye, Nawrocki-aye, Herringer-aye, Peterson-aye. All ayes. Motion carried. Resolution 2008-14, Approving Funding for the Rehab Incentive Program Clark stated the reason he brought this to the board is because some of our residents have called him to say they want to get their home projects done before winter and that the funding has been expended. Essentially, what we want to do tonight is to see if the EDA wants to approve a small allocation tonight to help residents finish up their projects before winter. Nawrocki stated he felt we should use GMHC, but did not know where the funds came from, as he could not find fund 207. Clark stated the City Council and EDA passed a resolution to correct that fund number to 408. Motion by Nawrocki, second by Herringer, to waive the reading of Resolution 2008-14, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Nawrocki, second by Herringer, to Adopt Resolution 2008-14, a Resolution Approving Funding for the Rehab Incentive Program in the amount of $5,000 to the Greater Metropolitan Housing Corporation (GMHC) from Fund 408-Housing Maintenance Programs. All ayes. Motion carried. EDA RESOLUTION N0. 2008-14 A RESOLUTION APPROVING FUNDING FOR THE REHAB INCENTIVE PROGRAM TO THE GREATER METROPOLITAN HOUSING CORPORATION (GMHC) WHEREAS, the Columbia Heights Economic Development Authority (EDA) through its Comprehensive Ptan has established as a goal the preservation of the single-family housing stock. 38 Economic Development Authority Meeting Minutes September 15, 2008 Special Meeting Pale 4 of 4 WHEREAS, the EDA approved the Housing Maintenance Plan 2008-2017 to improve and maintain the residential homestead housing stock. WHEREAS, the Greater Metropolitan Housing Corporation has agreed to provide consulting services. WHEREAS, the Greater Metropolitan Housing Corporation has provided housing preservation services since 2002. THEREFORE, t3E IT RESOLVED, that the EDA allocates $5,000 for the Rehab Incentive Program to the Greater Metropolitan Housing Corporation from Fund 408 -Housing Maintenance Programs and that the "Rehab Incentive Rebate Program Agreement", signed by the EDA on November 30, 2007, shalt be considered amended to include the additional funding. Discussion Regarding Regular Meeting of September 23, 2008 It was decided that the meeting would be held at its regular time and date. ADJOURNMENT President, Peterson, adjourned the meeting at 7:32 p.m. Respectfully submitted, ~~~~E Cheryl Bakken Community Development Secretary H:\EDAminutes2008\9-15-2008 Special 39 CITY COUNCIL LETTER Meeting of October 13.2008 AGENDA SECTION: Consent NO. ORIGINATING DEPARTMENT POLICE CITY MANAGER APPROVA ITEM: Approval of Premises Permit BY: Scott Nadeau ~ BY: j,~-!~ '' ',~',~" ~ Application for Columbia Heights DATE: September 29, 2008 DATE: , Athletic Boosters to conduct charitable gambling activities at Top Valu Liquor I and II and Sarna's Tobacco Shoppe and Sarna's Classic Grill NO: BACKGROUND The Columbia Heights Athletic Boasters Club has submitted premise permit applications to hold legal gambling activities at Top Valu I {4950 Central Avenue NE), Top Valu II (2105 37`x' Avenue NE), Sarna's Tobacco Store (4329 Central Avenue NE) and Sarna's Classic Grill (3939 University Avenue NE). The Athletic Boosters will be placing pull-tab dispensing machines at the Top Valu and Tobacco Shoppe sites. They will be conducting pail-tab and tipboard operations at the Sarna's Classic Grill site. The Athletic Boasters have submitted a copy of the floor plans and lease agreements with the City of Columbia Heights for Top Valu I and II, and. with Soma's Tobacco Store and Sarna's Classic Grill for thane locations. The Permit Applications and an investigation fee of $250 were also submitted. A background check has been conducted on their board members and gambling manager, and there was no information found that would disqualify them from conducting the gambling activities. It should be noted that these are lease renewals at all four Locations. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 investigation fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises perniit for the Columbia Heights Athletic Boostexs Club in conjunction with activities at Tap Valu I (4950 Central Avenue NE) and II (2105 37`h Avenue NE), Sarna's Tobacco Shoppe (4329 Central Avenue NE) and Sarna's Classic Grill, (3939 University Avenue NE}, and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. kao COUNCIL ACTION: 40 ~~~ ~~ ~~~ ~~~ September 18, 2008 ~nbi H ~ /"'~1! e1~/ 530 Miil Street N. E. _Coiumbia Heic,~hts, MN 55421 City of Columbia Heights 590 40~' Avenue NE Columbia Heights, MN. 55421-3878 RE; Renewal of Lawfizl Charitable Gambling At Top Valu I - 4950 Central Avenue NE At Top Valu II 2105 37`~ Avenue NE Sarna's Tobacco Store 4329 Central Ave. NE Sarna's Classic Grill 3939 University Ave. NE To Karen: The Columbia Heights Athletic Boosters Club respectfully request approval by City of Columbia Heights to renew the Lawful Charitable Gambling at the Top Valu I & Top Valu R liquor stores also Sarna's Tobacco Shoppe and Sarna's Classic Grill all four sites Are located in Columbia Heights, Minnesota. I've enclosed a copy of the lease agreement entered into by the city of Columbia Heights and the Columbia Heights Athletic Boosters Club also the Lease agreements For Sa.rna's Classic Grill and Sarna's Tobacco Shoppe and the Columbia Heights Athletic Boosters Club. A check of $250.00 is included to address investigation fee. If you have any questions regarding the above, or are in need of additional information, please do not hesitate to contact me at (763) 742-3635 Sincerely, ~ .- Christine Winger Gambling Manager 41 Minnesota Lawful Gambling s/os 1 c~~7 51 ~sac¢ fnlr Lawful Gambling Activity Page 1 of 2 Check appNgbte item: 1. Lease for new application. Submit with new premises permit application. ~2. Renewed lease. Submit with premises permit renewal. -'-'3. Hew owner. Effective date ~,,-/ ! Submit new or amended lease within 10 days after new lessor assumes ownership. 4. Amended lease • Check the change(s) in the lease: -Rent Premises name ~Boothlbar Activity changeOther • Date that changes will beeffective / % 'Both parties must initial and date elf changes. • Submit changes at teast i 0 days before the effective date of the change. Organization name license number { ~bi~t phone ! Columbia Hei hts Athletic Boosters 02072 3743 7 - Name of leased premises Street address City Columbia State Zip Daytime phone (763) To Valu Li or 4950 Central Ave Hei hts ~t 55421 706-3829 ~~ te~~ owner of premises Y Businesststreet~ddress ~Qrl amble State Zip (T6.3 7 phone ( ~ b~ ) MN 5542]. 3600 7 0 6 - Name of lessor pf same as gal BusinessJstreet address C'itij State Trp Daytime phone owner; write in "SAME"] Same Check ('~} all activities that will be conducted Pull-tabs X Puli-tabs with dispensing device TpboardsPaddlewheel ,Paddlewheel with table -Bingo Sar bingo Pali-tab, Tipboard, and Paddlewheel Ren# (No tease required for raffles.) Booth operation -sales of gambling equipment by an employee Bar operation -sales of gambling equipment withM a leased (or volunteer) of a licensed organization wittdn a separate endosure premises try an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and l~rerages are also sold. goes ; ear a aniaatton bR dBY 3l,1'31EC..4rtliilBiZ~il;igi! conduct gambling X No Yes ~ from a booth operation at this location? L ~ ~ _ _ ~ ~ _ ~ ~. _ ` ~ ~ _ _ ~ If you answered y@5 to the question above, rent limits are If you answered 110 to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar aperationwith puH-tab dispensing device - Booth operation and bar operation - Puii-tab dispensing device only - Booth operation, bar operation, and pull-flab dispensing device The maximum rent ailawed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for ail organizations at this premises. per month for all organizations at this premises. ODMPLEIEONEOfYRON: tIUMPLEiEOhEOPTION: Option A: 0 to 30% of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $2,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 perm^^+-~ ~~ +~ first $4, 000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ _ _. profits. Amount to be paid $ 5 0 - 0 0 . Plus, 0°h to 10°!0 of the gross profits may be paid per ^~~nth on Plus, 0% to 20% of the gross profits may be paid per month on 10 gross profits over $4,000. Percentage to be paid _ .,% grass profits over $1,000. Percentage to be paid Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from ail lawful Option F: No rent may be paid for bingo gamblingad3vitiesheidduringbingaactasions,exdudingbarbingo. conducted;Haber. Percentage to be paid Option E: A rate based on a cost per square foot, not to exceed o Activit New Bin 110% of a comparable cost per square foot for leased space, as g y approved by the director of the Gambling Control Saard, No rent may be For any new bingo activity not previously paid for bar bingo. Rate to be paid $ per square foot. The iessormustattaeh documentation, verified bythe organization, to Included in a Premises PermitA~lication, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. 42 LG215 Lease far Isawful Gambling Activity 5/08 Page 2 of 2 Lease Term 'the term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The ownerof the premises or the lessor wiEl not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents ar gambling employees of the lessor will not partidpate as players in the conduct of lawful gambling on the premises. IXCFPiT 3N: The lessor's immediate family and lessor's employees may partidpate in bar bingo if they are not irnotved in the sale or operation of bar bingo. Illegal Gambling • The Lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 604.75, and the penalties for illegal gambling v~fations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization la withhold rent far a period of up to 90 days if the Board determines that lAegai gambl'urg occurred an the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to slap the gambling. Continued tenancy of the organization is authorized without payment of rent during the trrne. period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1{a). • To the best of the lessor's knowtedge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not rapabie of being used, in a manner thatvioiates the prohibitions against illegal gambling un Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under file terms of this lease, if the organization or its agents are found to be solely responsible for any Siegal gambing, conducted at this site, that is prohibited by Minnesota Roles 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, uniessti~ organization's agents responsibteforthe illegal gambling activity are also agents or employees of the lessor. • The Lessor must not modify or terminate the cease in whole or in part because the organization reported, to a state or local law enforcement authority or the Hoard, the conduct of illegal gambling adivity at this site in which tine organization did not participate. Other Prohibitions • The lessor will not impose restridions on the organization with respect to providers (distributors) ofgambling-related equipment arxl services or un th° use of net profits for lawfut purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor wits not require the organization to perform any action that would violate statute or cute. The lessor must root modify or terrninafe this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease wilt remain in effect pending a final determination by the Compliance Review Group {CRG} of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shalt be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access ko the permikted premises at any reasonable time during the business hours of the Tessa: The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of iavrful gambling on the premises. lessor records The lessor must maintain a record of aN money received from the organization, and make the record available to the Board and its and the commissioners of revenue and public safety aril their age upon demand. The record must be maintained for 3-1/2 years. Rent ail-inclusive Amounts paid as rent by the organization to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, induding but not (united th trash removal, janitorial and deaning services, snow removal, lawn services, eledzidty, heat, security, security monitoring, storage, other utilities or services, and to the case of bar operations, cash shortages. Any otfrer expenditures made lry an organization that is related to a leased premises must be approved by the director of the GambNng Control Board. Rent payments may not be made to an indivrduai. Changes in lease If the tease is amended with rw change in ownership, the organization wilt submit the amended lease M the Board at least 10 days before the effective date of the change. If a change in ownership occurs, the organization will submit an amended tease to the Hoard within 10 days after the new lessor has assumed ownership. Acknowledgment of !-ease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all abfigations and agreements are 4ont~ined in a attached to this le se and are s bje~# in fire approval of Efie director of fire Gambling Control Board. Original ~essee wz l~ provide Lessor, at Other terms lessors request, a 30-day termination of agreement at any tic during lease term when requested by lessor. The lessee may give the lessor a 3Q-day termination at any time during si ned lease period. Signature of lessor e S re o orga do dot (lessee) Date Print name and title of lessor Print name and title o ~ e Walt Fehst, City Manager Marsha Stroik, CEO Quesl5ans7 Contack the licensing Section, Gambling Control Board, at 651-635-4000. Thus publication will be made available in alternative format (f.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota statutes and rotes governing lawful gambling activities. 43 Minnesa#a Lawful Gambling s/os LG215 Lease for Lawfu! Gamb[inq Activity Page 1 ofz Check applicable item: t. Lease far newappGcation. Submitwi#h new premises permit application. ~2. Renewed tease. Submit with premises permit renewal. 3. New owner. Effective date 1 ! Submit new or amended lease within 10 days after new lessor assumes ownership. d. Amended lease • Check the change{s} in the lease: RentPremises name ~Boothlbar Activity change ,Other ~ • Datethatchangeswillbeeffective • Both parties must initial and date all changes. ° Submit changes at ieast 10 days before the effective date of the change. Organization name t.icense number p,~!~igtg phone tt ss !! Columbia Hei hts Athletic Boosters 02072 3743 O - Name of leased premises Street address City Columbia State Zip Daytime phone (763) To Va u Li o I 2105 37th Ave NE Hei hts IwIl~T 55421 ?06-3823 of ie~,~ owner of premises Y Business/street oddress ~i~rl,umbia State Zip Q~ ~ 3 phone 1 ITT 55421 06-3600 7 Name of lessor {if same as legal Businessisfreet address City State Zip Daytime phone owner, write in "SAME") Same Check (~) ail activities that will be conducted Putt-tabs X Pull-tabs with dispensing device Tipboards Paddlewheel _Paddlewheef with table Bingo _Bar bingo Pull tab, Tipboard, and Paddlewheel Rent {ruo lease required for raffles.> Booth operation -sates of gambling equipment by an employee Bar operation -sales of gambling equipment within a leased {or volunteer} of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r ` Does Yeur croon#rai3on OR any ethe r oraanizalion condod gambling r ~ from a booth operation at this location? Yes ~ X No ~ ~ ~ ~ .~ y ~ ~ ~ r ~ .. ` _ ~ - ~ If you answered y@5 to the question above, rerrt limits are If you answered 110 to the question above, rent limits are based on the following combinations of operation: based on the folowing combinations of operation: - Booth operation - Baroperation - Booth operation and pull-tab dispensing device - Bar operation with pail-tab dispensing device - Booth operation and bar operation - PuU-tab dispensing device only - Booth operation, bar operation, and pull-tab dtpensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. per month for all organizations at this premises. COMPLETEONEOPi'ION: WMPt.ETEONEOP'TION: Option A: 0 to 10% of the grass profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month maybe paid. Amount to be paid $ to $200 per month may be paid. Amount to tie paid $ Option C: $0 to $400 per mnr+rh ~n the fsrst $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $_ ~ _ _ profits. Amount to be paid $ 5 0.0 0 , Plus, 0% to 10°!0 of the grass profits may be paid perm^~th on Pius, Ooh t0 20% of the gross profits maybe paid per month on gross profits over $4,000. Percentage to be paid _ % gross profits aver $1,000, Percentage #o be paid 10 Bingo Rent Bar Bingo Rent Option t): 0 to 10°!0 of the gross profits per month from ail lawful Option F: No rent may be paid for bingo gambling activities held during bingo occasions, excluding bar bingo. conducted in a bar. Percentage to be paid % Option E: A rate based on a rnst per square foot, not to exceed S10oh of a mmparabie rnst per square foot far leased space, as New Bingo Activity approved by the director of the Gambling Control Board. hto rent may paid for bar bingo. Rate to be paid $ per square foot. be ~. any new bingo activity not previously The lessor musk attach documentation, verified by the organization, to included in a Premises PermitAppfication, confirm the comparable rate and alE apptigble costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. 45 LG215 Lease for Lawful Gambling Activity 5/OS Page 2 of 2 Lease Term The term of this lease agreement will be concurrent with the premises permit issued try the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the iessor will not manage the conduct of gambling at the prernrses. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor wiii not partidpate as players in the conduct of lawful gambling ~ the premises. IXCEPTION: The lessor`s immediate family and lessor's err~loyees may partidpate in bar bingo if they are not involved in the sate or operation of bar bingo. Illegal Gambling • The lessor is aware of the prohibfiion against illegal gambling in Minnesota Statutes 604.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. Yn addition, the Hoard may authorize the organization to withhold rent for a period of up to 40 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the !!legal gambling or knew of the gambling and did not take prompt action to stop the gambiing. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision; as authorized by Minnesota Statutes 349.18, Subdivisan 1(a). • To the best of the lessor's know~je, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner thatviolates the prohibitions agah~st !!legal gambling in Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organzation or its agents are found to be solely responsible for any illegal gambiing, conducted at this site, that 3s prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unle~ the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state ar local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not partidpate. Other Prohibitions • The lessor well not impose resbictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate th~ lease in whose or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the tease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Contra! Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shah be the CRG. Access to permitted premises The Board and its agents, the commis~oners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hour: of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the wnduct of !awful gambling on the prenrses. Lessor records The lessor must maintain a record of ail money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1R yeas Rent ail-inctusrve Amounts paid as rent by the organization tothe lessware aA-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not tim'rted to trash removal, jarritoriai and cleaning services, snow removal, #awn services, electridty, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a (eased premises must be approved by the director of the Lambling Contmi Hoard. Rent payments may not be made to an individual. Changes in tease If the lease is amended with no change In ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. if a change in ownership ocarrs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assurr>Qd ownership. ACtcnowtedgment of tease Terms I affirm that this cease is the total and only agreement between the lessor oral the organization, and that elf obiigadons and agreements are rront~ined in attached to th(S1e,~se and are,s~rbjec# to the approval of the director of the Qamrbling Control i4oard. Original ~essee W1 prowl a lessor, at other terms lessors request, a 30-day termination of agreement at any tic during lease term when requested by lessor. The lessee may give the lessor a 30-day termination at any time during~~igned lease period. Signature of le}r!, _,,,,..,,rlj / Dale T Se~atur~of o~nijati~, official (lessee} Date ~; Print name and title of lessor f ~ ~ ( Print name and Title oT lgasee Walt Fehst, City Manager Marsha Stroik, CEO Lessee's business address 0 Mill Street NE, Co Questions? Contact the licensing Section, Gambling Control Board, at 651-639-4000. This publication wit[ be made available in attemative format (i.e. large print, Braille} upon request. The information requested on this farm will become pubic information when received by the 8oarci, and used to determine your compliance with Minnesota statutes and ruses governing lawful gambling activities. 46 ~~ 0 iG9 IIG ; ~~f 4 J ~n i ~' ~~ ~ ~ , ; ica i + ~ ~ ~ -J i•-------------I ~----------~ -------J L---------- to ... '1 ; ~a ~ J , '~ ~ J , -71°I 1 !-~__ i - - -'-- -- f I ~ ~. .~.. -- _.. .. - __ _ C ~ ~_~~~_ ~l~ --_..-~--..__.._-_._..-.~----_--.-.~_ ~ 11 - t t --`__----_-~.-~---..-------~_f L1--..-----..--.--~.- ~~. .. .~ ~i• ie ~j ~-•------ I<JL ®I J U ~e. ~ ~o 13 10 j •j I ----------------- i -f I-T--- ----'--'-°__-_------'------'"-----r~lpi ~i V ~u J is >,sppn~si~J Ht" ~-___------ ------------s--~ r-r--------------------- { 1 - ~~ L~ Ls__________•----__-____ J --------°---------------------- t4 ~ 'I J 1~ ~ 1 --- 1 ~ t ~------------'-----__. i __________ - - - - - - - - - - - - - - - - - - - ... ~ t r I ^i j~; ~~ i ~. I ~• ~, 10 j ~ L_._~ _ _ _ -I_ _ i' t- !- _ _ ..._ '~ ~--~ -- --- --` --`j----1----1----I'-"-- ' r---I--- ~ ~ ~ i i ~ t ~ t I ~ , i ! ~ t~ J 10 , _. __ _. _.. -- . t L._ -~ S !. ... __- --- S_. _ ... ., ..._ -. 10 ~ r--~ 1 __~ i 6 J ~ -- r 1 ~..:1 ~ J ' to i __ ~__ to J ~_. ~_ r ;_ _ J i0 i i + 1 i 10 J ~ _ tll t0 • u2 { Minnesota Lawful Gambling 5~os LG215 Lease for Lawful Gambfinc~ ACfiVi'tV Page 5 of 2 Check appkcable item: 1. Lease for new application. Submit with new premises permit application. ~2. i2enewed lease. Submit with premises permit renewal. 3. New owner. Effective date "~,! / Submit new or amended lease within 10 days after new lessor assumes ownership. ~ 4. Amended lease • Check the change(s) in the lease: ~Ren# Premises name _Boothlbar Activity change `Other bate that changes will beeffective / • Both parties must initial and date all changes. • Submi# changes at least 10 days before the effective date ofthe change. Organization name C:u~nse number p~y~rt~~ phone 1 Columbia Hei hts Athletic Boosters 02072 706-37 Name of leased premises Sarna's Sfreet address City Columbia State Zip Daytime phone {763) Tobacco Sho e 4329 Central Ave Hei hts il9~I 55421 788-2700 if 1miYe1 of~egarnw~ner of premises ill as Business/street address ~~`lumbi a State Zip (7 ~ ~ phone ( 4329 Central Ave h NIDT 55421 88-2?00 7 Name of lessor {if same as legal Businessistreetoddress City State Zip Daytimephone a qer, write in "SAME") JWimm Sarno COlumbia (763 ) Davz S a 4329 Central Ave Hei hts 9 NII~1 55421 786-2700 Check (~}all activities that will be conducted Pull-taus %Putt-tabs with dispensing device Tpboards v Paddlewheel ____Paddlewheelwlth table Bingo _...Bar bingo PuA-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) t3ooUr operation -sates of gambling equipment by an employee liar operation -sates of gambling equipment wfthin a leased (or volunteer) of a Licensed organization wfthin a separate enclosure premises LY an employee of the Lessor from a rnmmon area where that is distinct from areas where food and beverages are sold faod and Leverages are also satd. ~ ~. __._ ~ Does voSr oCganization OR any other eraaniration conduct gambling ~ ~, ~ Yes ~~ No from a booth operation at thus location? ~ ' _ _ ~ ~ ~ __.. ~ _ _ ~ ~ ~ w ff you answered ~/@S to the question above, rent Limits are If you answered f10 to the question above, rent limits are based an the foilawing combinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and baroperation - Pull-tabdispensing device only - Booth operation, bar operation, and pull-tab dispen~ng device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may nat exceed $2,500 in total per month far all organizations at this premises. per month for all organizations at this premises. COMPLE7EOIVEOPTIOtY: COMPLE'i'EONEOPTlOPi: Option A: 0 to 10°!° of the gross profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid °!o Percentage to be paid °!° Option 8: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 ar less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month on the first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of grass profit. Amount to be paid $ ._. profits. Amount to be paid $ 10 0. 0 0 . Pius, 0°~ to 10% of the gross profits may be paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid ~ % gross profits over $5,000. Percentage to be paid 2 0 Bingo Rent Bar Bin o Rent Option D: 0 to 10% of the gross profits per month from alt lawful Option F; fVa rent may be paid for bingo gambling activities held during bingo occasions, exduding bar bingo. conducted in a bar. Percentage to be paid Option E: A rate based on a met per square foot, not to exceed o Activity New Bin 110% of a comparable cost per square foot for leased space, as g approved by the director of the Gambling Control Board. No rent maybe For any new bingo activity not previously paid for bar bingo. Rate to be paid $ per square foot. The Lessor must attach documentation, verified by the organization, to included in a Premises PermitAppiication, confirm the comparable rate and all applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo will be conducted. 48 5/08 LG215 Lease for Lawful Gambling Ac#ivi#y Page 2 of 2 Lease Term Other Prohibitions Tire term of this lease agreement wilt be concurrent with the • 'fie lessor will not impose restrictions an the organization with respect premises permit issued by the Gambling Control Board (Board}. to providers (distributors) ofgambling-related equipment and services or in the use of net profits for lawful purposes. Management of Gambling Prohibited . The lesser, any person residing in the same household as the lessor, The owner of the premises or the lessor wilt not manage the the lessor's immediate family, and any agents or employees of the conduct of gambling at the premises. lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate Participation as Players Prohibited this lease in whole or in part due to the lessor's violation of this The lessor, the lessor`s immediate family, and any agents or provi~an. If there is a dispute as to whether a violation occurred, the gambling employees of the lessor w~i not participate as players lease will remain in effect pending a final determination by the in the conduct of lawful gambling on the premises. Compliance Review Group (CRG} of the Gambling Control Board. The IXCEPTION: The lessor`s immediate family and lessor's lessor agrees to arbitration when a violation of this provision is employees may partdpate in bar bingo if they are not involved aNeged. The arbitrator shall tie the CRG. in the safe or operation of bar bingo. Illegal Gambling Access to permitted premises • The lessor is aware of the prohibition against illegal gambling The Board andrts agents, the commissioners of revenue and public in Minnesota Statutes 609.75, and the penalties for illegal safety and their agents, and taw enforcement personnel have access to the pem~itted premises at any reasonable time during the business hours gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to of the lessor. The organization has access to the permitted premises withhold rent for a period of up to 90 days if the Board during any time reasonable and when necessary for the conduct of determines that illegal gambling occurred on the premises and lawful gambling on the premises. that the lessor or its employees partidpated in the illegal Lessor records gambifng or knew of the gambling and did net take prompt action to stop the gambling. Continued tenancy of the The lessor must maintain a record of iii money received from the organization is authorized without payment of rent during the organization, and make the record available to the Board and Its agents, time period determined by the Board for violations of this and the commissioners of revenue and public safety and their agents provision, as authorized by Minnesota Statutes 349.18, upon demand. The record must be maintained for 3-IJ2 years. Subdivision 1(a). • To the best of the lessor's knowledge, ttre Lessor affirms that Rent ail-inclusive amounts paid as rent by the organization to the lessor are ail-inclusive. any and aft games or devices located an the premises are not being used and are not capable of being used, in a manner No other services or expenses provided or contracked by the lessor may , thatvioiates the prohibitions against illegal gambling in ~ paid by the organization, including but not limited to trash removal, Minnesota Statutes 609.75. janitorial and deaning services, snow removal, Lawn services, etedridty, • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an heat, security, security monitoring, storage, other uti#ities or services, cash shortages. and in the case of bar operations organization mustcontinue making rent payments under , the terms of this lease, if the organization or its agents are found to be solely responsible for any !!legal gambling any other expenditures made by an organization that is related to a , conducted at this site, that is prohibited by Minnesota Rules leased premises must be approved by the director of the Gambling Control Board. Rent paymen#s may not be made to an individual. 786!.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible farthe illegal Changes in lease gambling activity are also agents or employees of the lessor. if the lease is amended with no change in ownership, the organization • The lessor must not modify or terminate the lease in whole or in part because the organization reported to a state or local will submit the amended lease to the Board at least 10 days before the , law enforcement authority or the Board, the conduct of illegal effective date of the change. If a change in ownership occurs, the organization wiU submit an amended lease to the Board within 10 days gambling activity at this site in winch the organization did not after the new lessor has assumed ownership. partidpate. AGknOwiedgment of [_ease Terms I affirm that this lease is the late! and only agreement between the lessor and the organization, and that iii obligations and agreements are 4ont~tned in or attached to thisJe~se and era subject to the approve/ of O l l t i rigina de lle~sor, a essee w111 prov the director of the Gambling Control Board. Other terms lessors request, a 30-day termination of agreement at any Lim during lease term when requested by lessor. The lessee may give the lessor a 30-day termination at any time during signed lease period. Da e 5i atu of lessor ~~ Si ture orga ' tinn ciai (lessee) Date ^^ ant na a d title of lessor ~avi Marna Lessor Prin name and tle f le J' m Sarno Lessor Marsha Stroik, CEO Lessee's business address 530 Mill Street NE Columbia Hei ht Que ions'? ntact the Licensing Section, Gambling Controi Board, at 651-639-4000. This publication will be made available in alt native format (i,e. large print, Braille) upon request. The information requested on this form will become public inforrnation when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 49 Marna=s Tobacco 'tore 4329 Central Ave ., `., _ ~~ ~ _ Counter Area r O Pult-tab Fntrv Dispenser ..- 50 Minnesota ~avvfu! Gambling 5/06 LG2'! 5 Lease for Lawful Gambling Activity Page 1 of 2 Check applicable item: 1. Lease for new application. Submit with new premises permit application. ~2. Renewed lease. Submit wifh premises permit renewal. ~ 3. New owner. Effective date ~! / Submit new or amended tease within 10 days after new lessor assumes ownership. 4. Amended tease • Check the changes} in the lease: ----Rent Premises name Booth/bar Activity change Other • Date that changes wgl be effective 1 • Both parties must initial and date all changes. • Submit changes at least 10 days before the effective date of the change. Organization name License number Raviigt~ phone b .ss tt 11 ~~~/ Columbia Hei hts Athletic Boosters 02072 3743 ? 0 6 - Name ofleased premises Sarno' s Street address City Columbia State Zip Daytm~e phone (763 } Classic Grill 3939 University Hei hts rift 55421 788-3939 Dame of teaal owner of premises aVl atria Business/street oddress ~(',iat rlum}?ia State Zip p~ 6irrxi phone ( ~ I Jimm Sarno 3939 Universit t MN 55421 . 788-2700 Name of lessor (if same as legal Bustnesslstreetoddress City Sate Zip Daytime phone owner, write in "SAME"} Check (~) all acttvilties fihat will be conducted % Puii-tabs Pull-tabs with dispensing device ~ Tipboards _Paddlewhee) -,Paddlewheel withtable -Bingo ~ Bar bingo -Pull tab, Tipboard, and Paddlewheel .Rent {No lease required for raffles.> Booth operation -sates of gambling equipmerrt by an employee Bar operation -sates of gambling equipment within a teased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r __.. ,.....__...._ ~. ~ Does. your organization OR anX,ather organization :conduct gambling ~ ~ from a booth operation at this location? X lies : Na I------~_.~._------- ---~_~._._--------_....j If you answered j/eS to the question above, rent limits are If you answered Il0 to the question above, rent limits are based on the following combinations of operation: based on the following rnmbinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - PuN-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total The maximum rent allowed may not exceed $2,504 in total per manfh for alt organizations at this premises. per month for alt organizations at this premises. ODNIPLETEONEOPriON: COMPi.t`TEONEOP3ION: Option A: 0 to id% of the grass profits per month. Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Percentage to be paid Option B: When grass profits are $4,000 or less per month, $0 to Option B: When grass profits are $1,000 or less per month, $d $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month on the first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $4 0 0 . 0 0 profits. Amount to be paid $ plus, 0% to 10°l0 of the gross profits maybe paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid 10 % gross profits aver $1,000. Percentage to be paid Bingo Rent Bar Bingo Rent Option b: 0 to 10% of the gross profits per month from ail lawful Option F: No rent may be paid for bingo gambling activities held during bingo occasions, exduding bar bingo. conducted in a bar. Percentage to be paid Option E: A rate based on a cast per square foot, not to exceed 110% of a comparable cost par square foot for leased space, as New Bingo Activity approved by the director of the Gambling Cantrot Board. No rent maybe paid for bar bingo. Rate to be paid $ per square foot. For any new bingo activity not previously 't'he lessor must attach documentation, verified by the organization, to included in a Premises PermitApplication, confirm the comparable rate and ail applicable costs to be paid by the attach a separate sheet of paper listing the organization to the lessor. days and hours that bingo wilt be conducted. 51 LG215 Lease for Lawful Gambling Ac#ivi#y 5J08 Page 2 of 2 Lease Term The teen of this lease agreement will be concurrent with the .premises permit issued by the Gambling Control Board (Board}. Management of Gambling Prohibited The owner of the premises or the lessor wiH not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor wiN not participate as players in the conduct of lawful gambling on the premises. DCCEPTION: The lessor's immediate family and lessor's employees may participate in bar bingo if they are not involved in the sale or operation of bar bingo. illegal Gambiing • The lessor is aware of the prohibition against iElegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling walations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorzxe the organization to withhold rant for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lessor or its employees partidpated in the illegal gambling or knew of the gambling and did not take prompt action to slap the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board far violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a}. • To the best of the lessor's knowledge, the Eessar affirms that any and ail games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against Niegal gambling in Minnesota Statutes 6fl9.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any Niegal gambAng, conducted at this site, that is prohibited by Minnesota Rules 7861.fl260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part t}ecause the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not partidpate. Other Prohibitions • The lessor will not impose restrictions on the organization with respect to providers (distributors} of gambQng-related equipment and services or in the use of net profits for lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the orgar~zation to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG} of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises The Board and its agents, the wmmissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hour` of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its ages and the corranissianers of revenue and public safety and theiragents upon demand. The record must be maintained for 3-1/2 years. Rentals-inclusive Amounts paid as rent by the arganixation to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, indudhtg but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, eledricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a Teased premises must be approved by the director of the Gambiing Control Board. Rent payments may not be made tr, an individual. Changes in lease If the lease is amended with no change In ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. If a d~ange in ownership occurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are 4ont~ined in or attached to th(s le~se and are subject to t-te approval of the director of the Gambling Control Beard. Orlg~.nal lessee wzl provide lessor, at other terms lessors request, a 30-day termination of agreement at any tit during lease term when requested by lessor. The lessee may dive the lessor a 30-day termination at any time during signed lease period. Sign tur of lessor Da Signature oflorganiaation~~~icial flessee) Date ~. ' ~f `~ z- U F n mt a a d f'itfe a lessor Print a d i le o le ~a i~ Marna Co-owner Ji~mv Sarno Co-owner Marsha Stroik, CEO i"1~~~ ~'~ ,_ Lessee's business address Y 530 Mill Street NE, Columbia Height Questions? Contact the Licensing Section, Gambiing Control Board, at 651-639-4000. This publication will be made avaitabfe in alternative Format (i.e. large print, Braille} upon request, The information requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 52 ., ,... _ , _ ,: .. ': ;;. t ,. ::. ~ IhlC. COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB tVORTHEA$T SANK i MINNEAPOL[S MN 612.379 8811 , CHAAITABf.E GAMBLING ACCQUNT E, .. ` COIUMBiA HEiGHTS;.MN -,7.63.288-9351 , MN -763-7843633. - COO(V RAPIDS 530 MILL STREET NE. CQI.UMBfA HEfGHTS,.MN 55421 , YOUR INDEPENDENT COMMUNITY BANK J/11/~OQ$ ,; ;. 17-13-91 ~: o PAY TO THE City of Columbia Heights ORDER a~ _ Y _ , ~ '"*250.00 : Two Hundred Fifty and 00/'100**,~~*~:~:~,~,~~~~~~,~~*~~,~*~,~*~~,~«~***~*~,~,~,~,~***~*,~,~,~~*~~~***~***.~~~*:~*~*,~**~*~~ ~ f~af_t.ARS v City of Columbia Heights 590 40th Avenue NE TWO SIGNATUR s EQt11RED Columbia Nei Fits, MN 55421 ~ 3 VOI 1F T C IN 80 RAY$ MEMO investigation fee 4 sites _ .. __~~'_'_~__~~.._.____~__ it°0 2 3 5 L 9if° ie0 9 Is000 b 3 2i. 500»~ 60 x011• ;GLUM®!A HEIGHTS ATHLETIC B®®STER CLUB, INC. - CHARITASI.E GAMBLING ACCOUNT i ~ ~ 5 City of Columbia Heights 9/11/200$ inves#igation fee for top vaiu t & tl Sarna's Grill & Tab 25o.oa Columbia Heights Athl investigation fee 4 sites ~ ~ ~ . ~ Q ~ ~ ~ ~ ~"""~ ~ 250.00 54 CITY COUNCIL LETTER Meeting of October 13, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVA , /°, ITEM: Transfer of Funds from General Fund to Police BY: Scout Nadeau BY: `~ ~ '~ v NO. Dept Budget to Reimburse Overtime Fund DATE October 7, 2008 DATE: re: Detox transports BACKGROUND During July and August of 2008, the Columbia Heights Police Department has transported 13 detox patients to detox centers outside of Anoka County. As part of the agreement that led to the closing of the Anoka County Detox Center, the County agreed to reimburse each Police Department $30 per patient transported in 2008. These transports go to Mission Detox in Plymouth, Ramsey County Detox in Downtown St. Paul, and Dakota County Detox in Hastings. We have received a check from Anoka County on 10/06/2008 for $390 as reimbursement for these transports. This money is considered revenue aizd it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $3 90 received from Anoka County for Detox Transport reimbursement be placed in the 2008 Police Department Budget Line 1020, Police Overtime. RECOMMENDED MOTION Move to transfer $390 received fxom Anoka County for partial reimbursement of costs associated with Detox Transports from the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. kao COUNCIL ACTION: 55 e'9 24345~~' d.OR 20000 2 2r: ~ 38583 20 b809~~' V= 17617 ANOKA COUNTY-CHSS REMITTANCE ADVICE DATE 1D103/200$ CFIEGK NO. B 924345 unv:. .vy.;.v, :2.;~~'.~;•,'rt-c:.'~v<z1r$h;"•lykf:~bF; •%F' }'tif~.'H5!Y::i?r ,;,.+,: .., v.,±r<:.7.r•>r,:S:GS:`i~t`<•;..: f+.t ,, .«:::+v~•'+.:'.'y'> .:'•f'. ^, -0. },<. •.•h::..;f•+v.,r.+w v;T'+,rt,, i:`\cii:'.~ii ~: i5:?ti: ~. y\:, .1.~• yY'.~!'. ..f..l~~%.Yn ~. ,..Ylq h,. ai.:%?%: it: i+'i•}:'•J%•'•' .Co':iY}:'tli+i:i::."'G}4:+i ~•`~i:<'X•i••'• .QTyC•'l G{,~~~k: 1"p`" $$ r'•! '2Y+.•$I ~{''~i.::"4 ~j!. '•.2 . ti "v'... >:.. / .}.• 'SSW }r'~'+'v' }5•y, .. S''+,. ~r .,~TIY! :Y,SN.~'+y ,;.;.-•:..: ::•>•,':r•?d'ir• ?~i:;<:sS.:J.Y'::~~:yS; ..i,.. .Y t,. .~~.. :,r~'<T..:>.f.y .s~~ .ay~:ki•: ~•:.'. >. ~2.~4•.t.: ,r... >r~i,<:.~~r~3h-., .~+oifii"` .a}. .t, tp.rs. •t .,,:~;:•`.} y.~>~ •., r. •:.<S::i~.o :•,+}'. , z f v,.,., ~ • 'a..: Xy.+ '3' ,.,•,s • ,. ,y:,, .`;;r,<,,,, i t:~;.~; c,,.•.•. E'• i5'}•:'+,~'• t{,^'W~~Xt;'.,:t:~~ ..l. ~•%• ::<r,: . 4'':...x,. ~ , ,fit, ; 2 ~ •<S. •:a:,. ~v?+ti•;~;}„• t•;}•: as,.r. , :•t~iz:.r : . ~.K~iR: i~, Yij ;a2z....~r'~.'.,t.. ,.,v'+:*.;,,;`"~v,3,.f.~:...,,..cy:r•.,...i;~.~:•:...~^~ ,,,lr'.•t:;c~T:.2 +`~`.. y.:f:}'> •••G`~}~ 't~.;,'.~:sx. 'Xg'+:,+:+:.3.,vtj ~~#i.~.':'.'.~ {~Y~~~. :v1 :. : is , ,,;,:.:;,., , :1,..;;.s., 'z•.,.v .: , c~y~" f}.~.:'Sri,~}:,::.~~.••.f~~..,.,':.3'ry.~~i~ •t.~ .,.,#",r~y.'`'7t.;.,.c,:.,,. , s,,, • .N.>"'.: rYr,~~!~:, r.2 ...sr.x,~,f.<Sru3i;.3~ra.; c;:• 4• s; „t~~~~,,,~~~,,~,.•E,'~.;,.;;•.;:•}}•#~~.• ~•Y'~.p „ k~ti.:: r,i...~h., ,.v,r~,+,;. ~..;t.:.3,•34:?.<s:...:.3v:..a:„ .r.?"'.:.r,... .:. x;.{;.» ..~. _, ~.:.~. ~~ ~. ter ,~./..; ~:~; :, ,<,, w t{ .~ .. ``"%'.~~'~ .:`s~? .~ , ,~~:~.••,~~~,.,. . . •. 'T, ',s. .? ,, •r ¢• a t '}:.•v".,~r,.2Y,t}. ,..•!;k~,35'.,• i:>,.,,is;R::y.;wd};::~•;^ta:r,:a,~.tktc ...a x 10816000 9/23/2008 DETOX TRANSPORTATION 7/01/2008- 7/16/2008 150.00 10816000 9/23/2008 DETOX TRANSPORTATION 8/0'7/2008- 8/30/2008 240.04 *** TOTAL 390.00 •r~ ~~ ~ _ ' ~d _ ,.., ~ . 4';. 56 o7a~aw CITY COUNCIL LETTER Meeting of October 13, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT Ci i ~ IvIANAGER NO. POLICE APPROYAL• ITEM: Transfer of Funds from General Fund to Police BY: Scott Nadeau ~ BY: ~ ; ~ ~_,,~.' NO. Dept Budget to Reimburse Overtime Fund DATE: October 7, 20 8 DA re: Anoka County DWI Task Force BACKGROUND During the time period of 3uly through September of 2008, the Police Department took part in the Anoka County DWI Taslc Force program. At the beginning of October, we received reimbursement through grant funds from the State of Minnesota in the amount of $4,500.93. This money was originally paid out of our 2008 Overtime budget aa~d we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2008 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like these funds, $4,500.93 from the Anoka County DWI Task Force, moved back into our 2008 Police Department Budget line 1020 (Overtime) from the General Fund. RECOMMENDED MOTION Move to transfer $4,500.93 received from the State ofMinnesota as reimbursement for our participation in the Anoka County DWI Task Force to the Folice Department 2008 Budget line item 1020, Police overtime. kao COUNCIL ACTION: 57 Department of Finance -Vendor Pa}finents - Pa~rmentDetail Page 1 of 1 - -- - .~.., ' ~_ - ~ 400 Centennial Building "z ~~., ~ -_ - ~' ~ ~ -:~ {{ n ~ re ai X0,1 .M, x w.F ~ C YM r t . ' A i~ SR M ZM f ~ ~ ~ E- ` :'~ l i ~ E'~ - ~ ~ f ~ ~ ~ iti ~ ~ ~ ~ ~ ~ l 658 Cedar Street Saint Paui, MN 5515b - = r. , ~ ,ow . .r;:~ ,S ~,.,wfi-` ~+ ~ '~'-"'+" - . .. e # . ; ~ - ~ - Phone 651-201-8000 - - - _ - ? ~ - - -'~ Fax 651-296.8665 ' - - Minnesota Relay Service €~ t ~ ~~ ~e `p~.~~~ ~ ~~ ~ ST - ~w1 1'Aet ~N1~ .~ 800,6273529 Payment Detail Far Vendr~r: COLUM731A HEIGHTS CITY OF T Na. 0367724tH©0 If you Stave any questions regarding this payment, ca31 the Contact Phone Tlumber listed next to the Agency Code:'Description. This is the state agency that made t11e payment to you and will be able to answor arty questions. Payment Number : EF00003605627 Payment Amount : 4,500.93 Payment Date : 200$/10/06 Agency Code/ Contact Phone Voucher Vendor Payment Description Number Number Invoice Number Amount P07 ST PATROL- 651/201-7020 50000000897 NIGHTCAP POLICE 713-26/08 1,115.39 ERNESTO P07 ST PATROL- 6511201-7020 50000000898 NIGHTCAP POLICE 8l2-30!08 2,532.59 ERNESTO P07 ST PATROL- 651/201-7020 50000000899 NIGI-1TCAF POLICE 9/13-19/08 852.95 ERNESTO Retttt'tx to Payment Sutnmart' Page Select a Diffet~ent Location . ` ~ ~~ ~ C ~~~ ~ ~'v f ~ ~~~ f ~J~ SC~,f~ ~~- ~v o .~,. r e~...~~ tS Q .'~,~ ~e ~ ~. https://www2.lxlainserver.state.mn. us/potty/servlet/R~mentDetait.jsp`?PaymentNo=EF000... 1016/2008 CITY COUNCIL LETTER Meeting of October 13, 2008 AGENDA SECTION: Consent ORIGiNATiNG DEPARTMEi~3T CITY IvIANAGER NO. POLICE APPROVAL: ITEM: Transfer of funds from General Fund to Police BY: Scott Nadeau BY: , ,~.. NO. Dept Budget to Reimburse Overtime Pund DATE: October 7, 20 DATE: re: Off--Duty Employment Assignments BACKGROUND During the summer months of 2008, the Police Department was involved inoff-duty employment details that are handled through the department. These were security details at Unique Thrift Store and traffic details at Columbia Heights High School in conjunction with the Summer Academy coordinated through Northeast Metro 916. Since this type of off-duty employment is handled through the department, officers have signed up and worked these details and we have received checks from the following entities: from Unique Thrift Stores in amounts totaling $1,130.04 far security details, and from Northeast Metro 916 for $1,565.20 for traff c details at the Summer Academy. This money is considered revenue and it was placed in the Gity General Fund. Total amount from both sources is $2,695.24. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1,130.04 received from Unique Thrfft Stares and the $l,S6S.20 received from Northeast Metro 916 be returned to the 2008 Police Department Budget line item 1020, Palice Overtime. RECOMMENDED MOTION: Move to transfer $1,130.04 received from Unique Thrift Stores and $1,S6S.20 received from Northeast Metro 916 for a total of $2,695.24 from the General Fund to the Police Department 2008 Budget line item 1020, Police Overtime. kao COUNCIL ACTION: 59 To: Chief Scott hiadeau From: Acting Captain Lenny Austin Subject: Overtime Transfer Date: October 1, 2008 Attached is a list of the overtime reimbursement received from August l3, 2008 through October 1, 2008. This is income from outside sources that has been paid to CHPD far services of our personnel. Please request a transfer of these fields t0 our overtime account. Pa .....:.iron ...... .._. Invoice # Date:Reee~-ed AmoimY Unique Thrift 2008-020 08/22/2008 $814.68 Unique Thrift 2008-023 09/04/2008 $315.36 Summer Academy 2008-022 09/04!2008 $1565.20 Total Amount to be Transferred into Account: $2695.24 60 ~~ uvvo~cE Columbia Heights Police Department Date: August 6, 2008 Invoice #: 2008-020 Customer Name: Unique Thrift Address: 2201 37~' Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Security Detail - July 2008 Request for: 1 Ofbcer/Shift Police Officers far: Security llaie Ofil<ceit' : Time Hrs/Shift x OT rate = Shift $.`.I'otal 07/02/08 Nightingale 1345-1645 3 hrs @ OT rate $ 157.68 07/04/08 Nightingale 0900-1330 4.5 hrs @ OT rate $ 236.52 07/05/08 Nightingale 1200-1600 4 hrs @ OT rate $ 210.24 07/19/08 Nightingale 1230-1630 4 hrs @ OT rate $ 210.24 BILLING INFORMATION Number of Officers: 4 Total Hours: 15.5 ZDO8 Wage is $52.56 per hour Total Due: $ 814.68 Make checks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Police Department, SS9 MiU Street IVE, Columbia Heights, MN SS421 FOR DEPARTMENTAL USE DNLY Officer(s) on Duty: Amount Received; Off Duty: ~ ~ • ~~ Date: 8~zz-I ~ 61 DATE ~ CE __ r OMMENT 08/05/0 2008020 AMOUNT DISCOUNT NET AMOUNT 814.68 .00 814.68 dd l~~i._.J ~rv ~~ r....'J:J ~~~~~ ; ~~~r~~ 3 ~ w~ s CHECK: Olosos 08/15/08 City o~ Columbia Heights REFERENCE: CHK TOTAL: 814.68 010805 APOGEE Reta'sl, LLC 3080 Cantervilie Road Alliance Sank Lithe Canada, MN 551 i 7 5t. Pau1, Minnesota (&51).773-8077 75-121-919 a c 0 m *EIGHT HUNDRED FOURTEEN DOLLARS AND 68 CENTSs PAY City of Columbia Heights 7f' '4E Police Department O .!~ 559 Mill Street NE OF: Columbia Heights MN 55421 DATE AMOUNT 8 08/15/08 *******$14.68* O 4 3 s J? ~_ ii'0 i0805i-' i'.09 i~90 L 2 i~5~:0[~C156 i k 660ii' 62 INVOICE Columbia Heights Police Department Date: August 25, 2008 Invoice #: 2048-023 Customer Name: Unique Thrift Address: 2201 37th Ave NE Columbia Heights, MN 55421 Home Fhone: Request far: 1Officer/Shift Police Officers for: Security Date ~#ficer Time _; Hrs/Sha<ft x OT x ate =Shift $ ,Tol Yl 08/05/08 Nightingale 1215-161 S 4 hrs @ OT rate $ 2 i 0.24 08/19/08 Nightingale 1150-1350 2 hrs @ OT rate $ 105.12 BILLING INFOR1tIATlON Number of Officers: 2 Total Hours: 6 20tI8 Wage zs $52.56 per hour Total Due: $ 315.36 Security Detail - August 2008 Work Phone: 763-788-5250 Make checks payable to the City of Columbia Heights Please mail payment to: City of Columbia Heights Police Department, SS4 Mill Street NE, Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) an Duty: Amount Received: --~ ~ 15 ,~~ Off Duty: Date: ~~ L+ 63 APOGEE Retail, LLC DATE INVOICE NO COMMENT 08/25/08 2008023 011049 AMOUNT DISCOUNT NET AMOUNT 315.36 .00 315.36 CHECK: 011049 08/28/08 City of Columbia Heights CHK TOTAL: 315.36 REFERENCE: . _: ., .. 011049 APOGEE Retail, LLC 3080 Centerville Road Affiance t3ank Litt3e Ganada, MN 56117 5t. Paul, Minnesota 76-121-91.9 x 1651} 773-8477 a *THREE HUNDRED FIFTEEN DOLLARS AND 36 CENTS o DATE AMOUNT B 08/28/08 *******315.36* a City of Columbia Heights ~ TUi'HE Police Department m ORDER OP: 559 Mill Street NE hts MN 55421 bia Hei l C '' ~ '- g um o fA II'Oi~L049u' ~:Ogi90i2L5~.00056i.1 660f1' 64 INVUICE Columbia Heights Police Department Date: August 22, 2008 Invoice #: 2448-022 Customer Name: Surruner Academy Attn: Bev Sorenson Address: 3782 Grand Avenue White Bear Lake, MN 55110 Home Phone: Work Phone: 651-604-3749 Request for: Traffic ControUSafety for Summer Academy 2008 Date Officer H>r•s/Shift x fJT ra>le '= Shift $ Total Week 1 06116/08 Pikala 4 hrs @ OT rate $ 111.80 06/17/08 Fikala 4 hrs @ OT rate $ 111.80 06/18/08 Pikala 4 hrs @ OT rate $ 111.80 06119/08 Wellman 4 hrs @ OT rate $ 111.80 06/20/08 Wellman 4 hrs @ OT rate $ 111.80 Week 2 06/23/08 Pikala 4 hrs @ OT rate $ 111.80 06/24/08 Wellman 4 hrs @ OT rate $ 111.80 06/25/08 Pikala 4 hrs @ OT rate $ 111.80 06/26/08 Wellman 4 hrs @ OT rate $ 111.80 06/27108 Pikala 4 hrs @ OT rate $ 111.80 Week 3 06/30/08 Pikala 4 hrs @ OT rate $ i 11.80 07/01/08 Pikala 4 hrs @ OT rate $ 111.80 07/02/08 Pikala 4 hrs @ OT rate $ 111.80 07/03/08 Pikala 4 hrs @ OT rate $ 111.80 BILLING INFORMATION Number of Officers: 14 Hours: 56 200$ Wage is $27.95 per hour Total Due: $1565.20 .Make checks payable to the City of Columbia Heights Please mail payment to: City o£ Co3umbia Heights Police Departfnent, 5S9 Mill Street NE, Columbia Heights, MN 55421 65 FDR DEPARTMENTAL ~JSE ONLY Officer{s} on Duty: Amount Received: Qf#' Duty: ~ ~(.v~ ~ 2,~ Date: ~~~~~, 66 NOA'CMEAST METRO 916 ,o-~~~ $1,565.20 $1,565.20 $0.00 $1,565.20 n~t,t,5s8 iu~ t;p4 i 2 159 2?t: i5 2 1000084? 2t~° U~~ 67 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 13, 2008 AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY MANAGER Resolutions Community Development APPROVAL NO: ITEM: Adopt Resolution No. 2008-254 being a BY: Jeff Sargent, City Planner BY Resolution approving the final plat for 825 - 41st DATE: October 7, 2008 Avenue and 2008-259 utilit easements ~ BACKGROUND: At this time, the City of Columbia Heights is requesting a final plat approval in conjunction with the construction of a public safety facility located at 825 - 41St Avenue. At the August 11, 2008 meeting, the City Council reviewed and approved the Preliminary Plat. In association with the Preliminary Plat, the City Council also approved the first reading of an ordinance vacating a portion of the Jackson Street right-of--way. The second reading of the vacation was held and approved at the August 25t~' City Council meeting. The City Charter requires a 30-day period after the approval of the second reading of an ordinance before the ordinance become effective. For this reason, the Final Plat for the Public Safety Building development could not be approved until the October 13, 2008 City Council meeting. RECOMMENDATION: There have been no changes to the approved Preliminary Plat. For this reason, staff recommends approval of the Final Plat for the construction of a public safety building located at 825 - 41St Avenue. RECONIlVIENDED MOTION: Move to waive the reading of Resolution 2008-254, there being ample copies available to the public. Move to adopt Resolution No. 2008-254, approving the Final Plat for the Public Safety building located at 825 - 415t Avenue. Move to waive the reading of Resolution 2008-259, there being ample copies available to the public. Move to adopt Resolution No. 2008-259, approving the vacation of certain private drainage and utility easements frilly contained within Lot 1 Block 1 NORTHWESTERN 2ND ADDITION. Attachments: Resolution 2008- 25=1; Resolution 2008-259; P+Z Memo; Preliminary Plat Materials; Final Plat; Location COUNCIL ACTION: 68 RESOLUTION N0.2008-254 RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS PUBLiC SAFETY BUILDING WI~REAS, a proposal (Case No.2008-0801) has been submitted by the City of Columbia Heights requesting a final plat from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 825 - 41S` Avenue NE. EXISTING LEGAL DESCRIPTION: Lot 1, Block 1, Northwestern 2°d Addition PROPOSED LEGAL DESCRIPTION: Columbia Heights Public Safety Center First Addition. THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 11, 2008. NOW, THEREFORE, BE IT RESOLVED by the City Council. of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this subdivision approval. Passed this 13`" day of October 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 69 RESOLUTION N0.2008-259 RESOLUTION APPROVING THE VACATION OF CERTAIN PRIVATE DRAINAGE AND UTILITY EASEMENTS FULLY CONTAINED WITHIN LOT 1 BLOCK 1 NORTHWESTERN 2'~ ADDITION WHEREAS, the City of Columbia Heights has purchased the property located at 825 - 41 St Avenue for the construction of a new public safety building, and; WHEREAS, the City of Columbia Heights owns all interests in the easements fully contained within Lot 1, Block 1 NORTHWESTERN 2ND ADDITION, and; WHEREAS, the creation of a new plat on the property would efficiently and legally distinguish all existing private utilities contained within the plat, and; WHEREAS, the City of Columbia Heights shall create a document in the form of a resolution that specifically calls out and vacates those certain private drainage and utility easements fully contained within Lot 1 Block 1 NORTHWESTERN 2ND ADDITION, and record the resolution with Anoka County to facilitate the tracking of said easements in the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council approves the vacation of the following drainage and utility easements fully contained within Lot 1 Block 1 NORTHWESTERN 2ND ADDITION: All the Drainage and Utility Easements lying within Lot 1, Block 1, NORTHWESTERN 2ND ADDITION, Anoka County, Minnesota, as dedicated on said plat, described more particularly as follows: The drainage and utility easement along the northerly l 0 feet of said Lot 1 adjoining 42nd Avenue NE; The drainage and utility easement along the easterly 5 feet of said Lot 1 adjoining Outlots A and D of NORTHWESTERN 2ND ADDITION; The drainage and utility easement along that part of the southerly l 0 feet of said Lot 1 lying easterly of the westerly 160 feet thereof, adjoining 41St Avenue NE; The drainage and utility easement along the southerly 20 feet of the westerly 160 feet of said Lot 1 adjoining 41St Avenue NE; The drainage and utility easement along the westerly 10 feet if said Lot 1 adjoining the north-south public alley; The drainage and utility easement along the northerly 65 feet of said Lot 1 lying between Jackson Street NE and the north-south public alley; The drainage and utility easement along the northerly 10 feet of said Lot 1 adjoining Jackson Street NE; The drainage and utility easement along the westerly 10 feet of said Lot 1 adjoining Jackson Street NE; The 10-foot wide drainage and utility easement, the centerline of which is described as follows: Commencing at the northwesterly corner of said Lot 1 at the intersection of the South Line of 42"d Avenue NE and the East line of Jackson Street NE; thence South 00 degrees 02 minutes 03 seconds ~o Resolution No. 2008-259 Page 2 East, along the westerly line of said Lot 1, a distance of 287.41 feet to the point of beginning of the centerline to be described; thence South 33 degrees 30 minutes 11 seconds East a distance of 77.55 feet, and there terminating; The drainage and utility easement along the westerly 10 feet of said Lot 1 adjoining Jackson Street NE; The 10-foot wide drainage and utility easement, the centerline of which is described as follows: Commencing at the northwesterly corner of said Lot 1 at the intersection of the South line of 42°d Avenue NE and the East line of Jackson Street NE; thence South 00 degrees 02 minutes 03 seconds East, along the westerly line of said. Lot 1, a distance of 304.89 feet; thence North 89 degrees 36 minutes 34 seconds West, along the northerly line of said Lot l , a distance of 30.00 feet to the point of beginning of the centerline to be described; thence South 00 degrees 02 minutes 03 seconds West a distance of 35.30 feet; thence South 89 degrees 36 minutes 34 seconds East distance of 25.00 feet, and there terminating; The 10-foot wide drainage and utility easement, the centerline of which is described as follows: Commencing at the Southwest corner of said Lot 1; thence South 89 degrees 36 minutes 31 seconds West, along the South line of said Lot 1, a distance of 129.77 feet to the point of beginning of the centerline to be described; thence North 49 degrees 51 minutes 19 seconds West a distance of 62.97 feet; thence North 00 degrees 06 minutes 29 seconds West a distance of 254.60 feet, and there terminating; The 10-foot wide drainage and utility easement, the centerline of which is described as follows: Commencing at the Southwest corner of said Lot 1; thence South 89 degrees 36 minutes 31 seconds East, along the South line of said Lot 1, a distance of 129.77 feet; thence North 49 degrees Sl minutes 19 seconds West a distance of 62.97 feet to the point of beginning of the centerline to be described; thence South 89 degrees 06 minutes 49 seconds East a distance of 278.34 feet; thence North 76 degrees 57 minutes 1 1 seconds East a distance of 63.93 feet to the easterly line of said Lot 1, and there terminating; The 10-foot wide drainage and utility easement, the centerline of which is described as follows: Commencing at the Southwest corner of said Lot 1; thence South 89 degrees 36 minutes 31 seconds East, along the South line of said Lot 1, a distance of 129.77 feet; thence North 49 degrees 51 minutes 19 seconds West a distance of 62.97 feet; thence South 89 degrees 06 minutes 49 seconds East a distance ofl 10.90 feet to the point of beginning of the centerline to be described; thence North 48 degrees 17 minutes 23 seconds East a distance of 35.00 feet, and there terminating. AND Those portions of the Drainage Easement described in Declaration of Easements Document No. 1554481, Section 4(a), described as follows: A 10-foot wide strip of land over, under and across Lot 1, Block 1, NORTHWESTERN 2ND ADDITION, the centerline of said easement is described. as follows: Commencing at the intersection of the south line of 42"d Avenue Northeast and the east line of Jackson Street Northeast, being a northwest corner of said Lot 1; thence on an assumed bearing of South 00 degrees 02 minutes 03 seconds West along said east line of Jackson Street 287.41. feet; thence South 33 degrees 30 minutes 11 seconds East 68.80 feet to the point of beginning of said centerline to be described; thence South 81 degrees 44 minutes 41 seconds East 129.24 feet; thence South 21 degrees 41 minutes 24 seconds East 65.08 feet and there terminating 71 Resolution No. 2008-259 together with That part of Lot 1, Block 1, NORTHWESTERN 2ND ADDTION described as follows: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of North 00 degrees 23 minutes 29 seconds East along the east line of said Lot I a distance of 213.70 feet to the point of beginning of said easement to be described; thence continuing along said east line 60.49 feet; thence South 62 degrees 13 minutes 25 seconds West 77.55 feet; thence South 70 degrees 21 minutes 02 seconds East 72.42 feet to the point of beginning. Passed this 13`" day of October, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0801 DATE: August 6, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 825 - 41St Avenue REQUEST: Preliminary Plat Approval, Vacation of Jackson Street right-of-way, Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting three approvals in conjunction with the construction of a public safety facility located at 825 - 41St Avenue. They are as follows: A Preliminary Plat approval. 2. The vacation of a portion of the Jackson Street right-of-way. 3. A Site Plan Approval. In early 2008, the City Council explored many options in locating the new public safety building. After extensive research and site analyses, the former NEI School site, located at 825 - 41St Avenue was determined to be the best location. This site had been purchased by the City of Columbia Heights for future redevelopment opportunities, and meets all the logistical criteria for the new public safety building. On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. BACKGROUND The necessity for a new public safety building is a function of a lack of space and poor building conditions of the current police and fire stations. The following addresses the City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 current condition of the Police Department facility: 1. The current building is structurally and mechanically obsolete. a. The building leaks when it rains or when the air conditioning units freeze up. b. Major repairs are needed to foundation and exterior of building. c. The building has mold issues that are routinely addressed. d. The building does not create a positive environment to attract talented professionals as police officers and civilian employees. 2. Lack of detention areas a. Detained parties are currently handcuffed to a bench in the hall area outside of the squad room. This creates issues when we have multiple detained parties and/or Juveniles that should not be held in the same areas as Adults. b. Not being able to keep suspects separated can impede investigations. c. The Intoxilyzer used for testing drunk drivers is also located in this hallway. Processing of drunks in this area when other police activity is taking place becomes extremely difficult. d. At times, civilian employees need to walk through a secure area in which prisoners are present to use restroom facilities. Occasionally, these prisoners may not be handcuffed so that testing, such as breath tests, etc. can be preformed. This could lead to dangerous situations. 3. Lack of secure garage space a. Prisoners are brought to the station for interviews and, in most cases, have to be released from the secure area of a squad car out into the open before being brought into the police station. This creates an unsafe environment for the officers and the public, with the possibility of the subjects trying to escape. b. The one sally port currently in the station is also used for storage, and as the evidence processing area. This creates issues when policemen are trying to bring prisoners into the building using this garage. c. At times the police department needs to hold a vehicle as evidence to be processed when it is used in a crime or it is a reported stolen car. The station currently does not have a secure area in which to do this. Either the one stall sally port is used, or the vehicle is stored at the city garage with police line tape around it. This creates a very unsecured custody of the police evidence and Page 2 74 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 could be challenged in court. 4. Lack of work space a. 17 Officers share a 140 square foot squad room. b. Some officers also use the squad room as a lunchroom. c. There is only one adequate work area in the current Police Station. d. 3 Sergeants share a 75 square foot office. e. 3 Corporals share a 48 square foot former closet as an office. 5. Lack of storage space a. Items are stored on the floor, above shelves, and anywhere else space can be found. b. At times this is dangerous because items may become a potential weapon when suspects or detained parties are held in the area they are stored in. c. The Records Area has no storage space, and has required the police to use a holding cell for records storage. d. All hallways double as storage areas for files and cabinets. Each of these cabinets and files holds information vital to the members of the department performing their duties. e. The Captain, four Investigators, two Community Service Officers, and the Investigative Secretary share a former double garage area for storage. 6. There are no interview rooms a. There is no office space available to take walk-in reports. b. The conference room is used as an interview room (both suspects and victims), report writing, storage area, and meeting room. c. The Police Chiefs Office is used as a backup interview room. 7. Inadequate Property and Evidence area a. This area is only 125 square feet, which is less than a 1/3 of the space that is needed for the amount of property and evidence dealt with annually. The Police Department is required to keep evidence for six months after a case has been Page 3 75 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 decided by the courts. As it could take up to a year for major cases to go to court, the Police Department could have the evidence for two or more years. 8. There is no secure parking area. a. Police vehicles now carry very expensive equipment and weapons that could be stolen and/or vandalized in an unsecured area. 9. There is no break room. a. When Officers are on duty their lunch and break time is built into their daily shift. This means that if there is a call for help, or an in-progress call, the officer will leave their lunch or break and go to the call. It is very difficult at a restaurant to leave your lunch or break and then return to finish it. A break room would allow officers to do this, while ensuring that their food or drink have not been tampered with. 10. The current building was built prior to computerization. a. Computers are now an integral part of police work and are required to perform policing. b. All cable wires in the building are exposed and possibly not up to code. c. There is anever-present increased risk of computer malfunction because of this. 11. Front lobby stairway is not ADA compliant a. This requires personnel to assist customers in the training room instead of in the main lobby. b. At times people reporting crimes are interviewed in the lobby due to all other space being used for other purposes. During these times, other citizens come into the police station looking for assistance. This creates a very chaotic situation, with multiple people looking for service in a very small foyer area. 12. Lack of separate restroom facilities for the public, employees, and detainees. 13. Locker Room space is not adequate a, The Police Station currently has one unisex locker room used by the 25 members of the department, both male and female. b. There is one bathroom facility in the locker room with one shower stall. c. Lockers are not adequate for the equipment officers are required to carry. Page 4 76 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 The original Fire Station was built in 1942, with the addition of the City Hall and Police Station in 1959. Between 1977 and 1978, another addition to the Police and Fire Station was built, including the Council Chambers. Since that time, there were significant electrical/mechanical and roof upgrades to the building done in 1989, however, there has been no other significant remodeling or upgrades to the building for 18 years. The following addresses the current condition of the Fire Department facility: 1. Bays a. The floor drainage is poor due to sloping issues and drainage system inadequacies. b. The oxygen filling station and air filling stations are not in a separate room from the truck bays. c. There is not enough space for the wall gear racks to be positioned away from direct sunlight. d. The truck bays are too small. There is not enough space from the sides of the trucks to the walls. The overhead doors are 12' x 12', which is too small for the bigger trucks built today. The bay ceilings are too low. The ladder truck can only fit into one space, with 4 inches to spare, which leaves no flexibility in emergencies. The two center bays (part of 1942 station) are small and can only fit small rescue vehicles. e. The bay ventilation is poor. The truck exhaust system works, but many parts are broken and are not used. The make-up air unit only helps two bays on one end due to the layout of the bays. There is inadequate storage space for equipment and supplies. 2. Living Area a. Current living area is the truck bays of the original 1942 station. The floor is uneven, with up to a two-inch drop. b. The living area is not private or secure. Currently, other city staff regularly cuts through this area to access the Police Department or Administration areas. c. No windows create acave-like atmosphere. d. The bedrooms are too small. There are also no windows for emergency egress. Each bedroom is shared by three firefighters. The lockers are inadequate since they are used for personal storage and for individual work materials. Page 5 77 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. The kitchen was remodeled by firefighters in 1992. The cabinetry has been delaminating and countertops are in need of replacement. The kitchen floor is very uneven due to different slab levels from 1942. The plenum space above the living area does not meet code due to the space being used to run non-compliant wiring. g. There is only one unisex bathroom/shower for fire station. The bathroom /shower also doubles as the biological contamination cleaning area for firefighters. 3. Watch Office a. The two workstations are adequate for the on-duty crew conducting daily work. The full-time firefighters, however, need individual workstations for their projects, files and material storage. b. The watch office does not have a direct view of the outside, or four of the six apparatus bays. c. The public is brought into this room to conduct blood pressure checks. There is a need for separate, private space for blood pressure checks to meet privacy requirements. 4. Basement a. Part of the 1942 station. b. The basement is constantly wet, moldy, and unventilated. This area is used as the only on-site fitness room, and is too small to serve this purpose. c. Many of the water and sewer lines date back to 1942. These water lines are narrowing. 5. Offices a. A hallway separates the Chief and Asst. Chief's office, which is not functional. The offices are too small, with a low ceiling in the Asst. Chiefs office. The space was originally built and used as police car garages from 1959 to 1964, and converted to office space in 1964. b. The plenum space above ceiling does not meet code. This space is currently being used as storage space, and has non-compliant wiring. c. There are no windows to the exterior. d. The thermostat in Community Development office controls the HVAC system. Page 6 78 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 e. There is inadequate office space for storage of plans, books, and manuals. f. There is inadequate space to spread out and review plans. 6. Training Room/EOC a. The training room is to small due to the surrounding being used for the storage of equipment, supplies, and files. b. The ceiling is too low, making it difficult to view the screen at the front of the room. c. Very little of the room is prepared for the use as an Emergency Operations Center. d. The room is minimally up to modern standards for training technology. 7. General a. The entire building is not sprinkled. b. The building's fire alarm system is old and not up to code. c. There have been insect and mice problems for many years in the building. d. The number of close proximity parking spaces for firefighters answering calls is limited. The need for a new public safety building is apparent, and the City Council has hired Buetow and Associates to help design the new building. There has been much input given to Randy Engel, the Principal-in-Charge architect with the firm, to address all the concerns of the current public safety facility. Mr. Engel and his team have designed a building that meets today's standards for a functional and civilian-friendly facility. City staff also held a neighborhood meeting that took place on July 24, 2008, to help address some concerns that neighboring property owners may have regarding this project. A common concern from the neighboring property owners is the amount of noise that will be generated from the police and fire vehicles leaving the site. The Police and Fire Departments are aware that the new building will be located in the middle of a residential area, and will do everything they can to reduce the amount of noise generated from the emergency vehicles. Because of the building's proximity to Central Avenue, and the fact that Central Avenue is one of the main arterials of the city, most of the emergency vehicle traffic will be directed to Central Avenue first, away from the residential properties to the west. COMPREHENSIVE PLAN Page 7 79 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 Promoting the health, safety and general welfare of the public is a consistent and over- arching goal of the Comprehensive Plan. By constructing a new public safety building, the city will be able to provide better and more efficient police and fire services to Columbia Heights. For this reason, the proposal is consistent with the Comprehensive Plan. ZONING ORDINANCE On June 23, 2008, the City Council reviewed and approved the second reading of Ordinance No. 1549, rezoning the subject parcel from R-4, Multiple-Family Residential, to PO, Public and Open Space. On July 24, 2008, the ordinance became effective. The surrounding area is all residentially zoned, with Medium Density classifications tothe south and east, and One and Two Family classifications to the north and west. Preliminary Plat The city has decided to plat the current property to make it easier to record the new necessary drainage and utility easements. The existing drainage and utility easements will be vacated through quitclaim deeds prior to the approval of the final plat for this project. Vacation of Jackson Street The proposal includes the vacation of the southern portion of Jackson Street that abuts the property. The purpose for the vacation of this section of right-of-way is to square off the plat in that area, while making it easier to establish necessary curb cuts, boundary fences and drainage and utility easements. The portion of Jackson Street to be vacated is legally described on the Preliminary Plat. Site Plan Approval Randy Engel and David Olds from Buetow and Associates spent a considerable amount of time designing a building that is both functional and aesthetically appealing. Throughout the design phase of this project, much thought was put into where the best location of the building would be, in relation to the existing topographic grades and the best access to the major thoroughfares in the city. The final design places the building on the south end of the property, adjacent to, and facing 41St Avenue. BUILDING DESIGN. The 43,000 square foot public safety building design utilizes a traditional approach, with the entire of the building constructed of brick, stone and glass. Some of the building features include arched windows, turned-down gooseneck lighting, and a bell tower. The Police Station area of the building ranges from 14 feet to 21 feet in height, while the majority of the Fire Station will be 28-32 feet in height. The bell tower is the highest portion of the building, with the edge of the masonry at 39 feet in height. PARKING. The 43,000 square foot public safety building has approximately 12,500 square feet of office space and also incorporates a 1,400 square foot Emergency Operations Center (EOC), The City Code requires one parking stall for each 300 square feet of office Page 8 80 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 space and one parking stall for every 3.5 seats in an assembly place, based on design capacity. In total, the public safety building requires 42 parking spaces for the office component and 27 parking stalls for the EOC, based on a maximum seating capacity of 94 people. In total, 69 on-site parking stalls are required. The site design includes 113 surface parking stalls with an additional enclosed parking stalls used for the emergency vehicles. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall also have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 825 - 41St Avenue has approximately 1,008 feet of street frontage along 41St and 42"d Avenues and Jackson Street, and incorporates 113 surface parking stalls. This requires twenty regular trees and six over-story trees. The proposed plans indicate a total of 79 trees, all of which are over-story trees, meeting the City's minimum requirements. One of the main efforts in the landscaping design was to place trees and shrubs in a manner that would help aesthetically and functionally screen the building from adjacent residential views. A City Code requirement is to screen the parking lot area from adjacent residential properties with a screening mechanism that provides an 80% opaque screen on a year-round basis. There are two parking areas adjacent to residential properties. The eastern property line abuts a townhouse development, however the parking lot area will site approximately 10 feet above the abutting grade. This land will be retained by a wall, which will provide the necessary screening. The western property line abuts several single-family homes. The landscape plans indicate the use of a decorative, 4-foot wrought iron fence with a mix of deciduous and coniferous trees to provide screening. However, in order to maintain 80% opacity, some of the deciduous trees will be replaced with conifers along those sections directly adjacent to the residential homes. FINDINGS OF FACT Preliminary Plat Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of §9.115. Code Section 9.115 is the Subdivision Regulations. The preliminary plat application meets all the requirements outlined in this section. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed preliminary plat is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. Page 9 81 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The preliminary plat includes a vacated section of the Jackson Street right-of-way in an attempt to promote good planning design principles. The vacation of the right-of- way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. The City Engineer has reviewed the preliminary plat and has approved the proposed easements throughout. Vacation Section 9.104 (1) of the Columbia Heights zoning code requires that the City Council make each of the following findings before vacating a street, or other public alley orright-of-way: No private rights will be injured or endangered as a result of the vacation. The entire portion of the Jackson Street right-of--way to be vacated is bounded by the property located at 825 - 41 Sr Avenue. The vacation of the right-of-way will allow for larger drainage and utility easements, as well as a better site layout when the project is complete. 2. The public will not suffer loss or inconvenience as a result of the vacation. The previous use of the proposed right-of-way to be vacated was as an access into the NEI School's parking lot. The proposed use of this land is also a driveway to gain entry into the public service building property. For this reason, the public will not suffer any loss or inconvenience as a result of the proposed vacation. Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The site plan meets all the requirements for setbacks, on-site parking stalls, landscaping and storm water management, and conforms to all other applicable requirements of the code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative that will provide police and fire protection to the general public, thus ensuring the health, safety and general welfare of the public. 3. The site plan is consistent with any applicable area plan. Page 10 82 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 There is no applicable area plan for this section of the city. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The building and related parking lot meets all the required setbacks as established in the zoning code. Ample screening from adjacent residential views has also been incorporated to ensure that there will be no adverse impacts on the property in the immediate vicinity and public right-of--way. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the preliminary plat based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The stormwater features, which include the pond, infiltration basin and trench, shall be constructed first in the grading sequence and then protected. 2. Ditch checks shall be preformed until turf is established. 3. All construction traffic shall be directed through the vehicle tracking pads, as indicated on the plan. I would recommend limiting construction site access to 41St Avenue and prohibiting construction access from Jackson off of 42"d Avenue. 4. All erosion control measures shall be installed and inspected by the Engineering department prior to any site activities beginning. 5. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by 4 inches of topsoil/sodding. 6. Catch basin inlet protection, such as Wimco's or equivalent shall be provided on 41St Avenue. 7. All slopes greater than 3:1 shall be provided erosion control blanket. 8. The type and size of riprap to be used for slope protection must be specified. 9. Site/Civil work shall be inspected by the City Engineering Department. 24-hour advance notice of an inspection is required. 10. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11.An NPDES permit will be required, at the time of construction. Additional erosion Page 11 83 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 control measures may be required during construction, as conditions warrant. 12. Coarse grain removal should be provided for surface runoff prior to entering the infiltration basin -all parking lot runoff should be presettled - CB 5, 6, and 7 should have sump manholes. 13. The riprap for the flared end inlet at the retention pond should be extended through the 10:1 bench area. 14.The stormwater plan does not include the property to the north - a separate stormwater management plan will be required when this property is developed. 15. Due to the pond slopes above the NWL, the pond should be provided with a continuous perimeter fence. 16.Any revisions to the sidewalk in the Public ROW shall meet the most current ADA and City requirements for pedestrian ramps and grade. 17. Conduit sleeves should be provided at driveway crossing for future use (electrical or irrigation). 18.A11 utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 19. Disconnect any existing utility service stubs in accordance with Public Works requirements. Motion: That the Planning Commission recommends approval of the requested vacation of a portion of the Jackson Street right-of-way as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: Move to waive the reading of Resolution No. 2008-PZ14, there being ample copies available to the public. Move to adopt Resolution No. 2008-PZ14, being a resolution approving a site plan for the City of Columbia Heights Public Safety Building located at 825 - 41St Avenue. Attachments Location Map • Preliminary Plat • Site Plans • Draft Preliminary Plat Resolution Page 12 84 City of Columbia Heights Planning Commission August 6, 2008 City of Columbia Heights Public Safety Facility Case # 2008-0801 • Draft Vacation Ordinance • Site Plan Resolution • Engineering Notes Page 13 85 PRELIMINARY PLAT OF COLUMBIA HEIGHTS PUBLIC ow SAFETY CENTER FIRST ADDITION :,, CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA "~ «___ ~~ ~~ .~ u ~w a~ ~~ >~ ~• ~~~~ ;m - sccna+ as. rsoN. Rzaw -{.~ , ~ j ~ ~~,~ I ~ ' ~~ ~::~~..~.. ~' I I _~'"~~~ 515 ~ ~°'~~~ "°"~ a~ "~ ~ ~ f R 'f~lh III IT ~ I ~ -- i ; ~ I-L- ~ pg`~ ~ ~ 9 ~~~ ,,. ._, I I I _7 - ~- - s ~' ./ - ~~ `g~ {' I ~ ~ ~~ ~ ~y ~ ccc. ~ I I a ~ ~eK-~~~ ~I ! ~ ~ ~ ~ - ~= I 1 VICINITY MAP zq I I Wt a ~,y. 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I I.ECU oescRlPnDN o9rroN ~ wamnNtt o® ooc N0. ~BB8698 am~b~p ~w rRO~awa W1 u~M~4tl~n mniµ~ AREA SUMMARY .wart. ~:•~..wo.o-n'.xo erc -~_ ~ECETIo ~s m +m ® a em.E IaL' ~. ~ ~" 9 "~'~ KEMPER & ASSOCIATES INC. - -_ - \ "'° -~ ~_ _ _ ~` - - - - - ! ~i w'W m° 9 mnz ~'~'°'"` ~O^ Y Z ~ ~~ ~ I m = FLDOD ZONE ~~ ~~ . emnn swe>r-u~-ems 'N rmrznn vs ~z'.m~va'nam, c.c >~" ww.c mu > to (~:e~s s e„eu Nmoxnl ~drw°mr a m. CERTIFICATE OF SURVEY „~tl ~~„~~„~;~;a e..ee,_,~_„„ ~, v - ~ A'o TS COLUMBIA HEIGHTS PUBLIC SAFETY CENTER FIRST ADDITION N LA T30NA R2 W ~CT ION 35 N 89'58'59' E 286.98 I,.f -------~ -- -; -w -- ~------------ I ,D I I I °° ' ~`~ ~~ I I i I . ,~ ~ ~ II I I ~_______ o ( ( I I I a I I ~ ~ .' s. ® I I I a l i '~ ab\ ,i SLATE 1 INCN EWMS 40 IFFY I 1,.. I •• • I ~~ \ , 3 2l ~P : o .yg ' ~ x ~\ A I A J~ I I I N I a `'>ixEx~~~'~;~Id -___//_-`A °t O I I I `~ S ~~~ ~u7: E ~,,, , y ~~ I , ~,~ a , , , x ,,.~ r ~ < . 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C-f' %t{~ str; {f- .t ~_^ t~ff t:.. r Ll ~! !.. h t'•. ly ..a - r~r; .,.r_ Wit: t?r- rrr- c'r: ~ .t. r;' ti' r- Ct (; cZ'C; ,r; _4. t-r; _f_ SK - >t - to --. fit, Ct s~ a rrt; Lrt; rt; C(t; Yl; c~4- £[i; ,fl; {t; ftt; {t' ,rl; ~tl. 7tt; .lt^ it; .LLs yLi. £LL; X117 ill; -it- f t'V £pL; F;t; r~lo tft: rri; .,ti; ar4; 4fL; =6i; .rL- -l; -i' C' -L' e'L; -l' t'4; rL_. _ Wit; t;l; r6t; t{L; =fit. et; 'ct; 'ct; ':'S4; 4 ~ rr ~: 1 tt ~~ A e!' t-r.~; t - ~~- fLE; - -'-~' r42; _ r,<"" t Z - Z~ Z; tc ~~ z~: o- vt'?- 1_':`.77 ~4_ cez: i~z7 ~- csz7 it - ~t~ ;~> 7t>- ssz £~Z7 Z7 £527 r~.. ce>; x,- £-' CC'Ef ,r K "'- L 7S; >- r~ti t'~" -c- c>^- c~~ _ t7s- :t r ~ tF :tit cr ._ t_r> ct e FS r e z- c7 s CITY COUNCIL LETTER Meeting of : October l 3, 2008 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Authorization to obtain price quotes for BY: Keith Windschitl BY: r`~ "`~ printing and mailing the 2009-2010 City Recreation Director , G~~ ~~'~;~ s newsletters DATE: 9/30/08 NO: BACKGROUND: Staff is seeking authorization to obtain price quotes for printing and mailing the 2009-201.0 "Heights Happenings" city newsletters. A total of ].3,000 city newsletters will be printed. A total of approximately 10,050 newsletters will be mailed to all Columbia Heights residents on a quarterly basis. The remaining newsletters are distributed through the local schools. The bid specification would be consistent with the current style of the newsletter. We currently are working with Custom Business Forms located in NE Minneapolis. The price we are now paying is $5,130 per issue. The request would include a total of eight publications, four in 2009 and four in 2010. Plans are to print and distribute 2009-2010 city newsletters according to the following schedule: Spring newsletter -February; Summer newsletter -May; Fall newsletter -August; and Winter newsletter -November. A total of $26,500 has been proposed in the 2009 budget account 101-45050-3440 for editing, printing and mailing the city newsletter. RECOMMENDED MOTION: Move to authorize staff to obtain price quotes for printing and mailing the 2009-201.0 "Heights Happenings" city newsletters. COUNCIL ACTION: Htshappn\CC-News l etterb ids2009 89 CITY COUNCIL LETTER Meeting of : October 13, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Establish City Park Rental Fees BY: Keith Windschitl BY: ~, NO: Recreation Director DATE: 9/30/08 BACKGROUND The Columbia Heights Park and Recreation Commission unanimously approved the park rental rates at their meeting on June 25, 2008. The Park and Recreation Commission feels that we need to cover some of the staff cleanup costs, administrative costs and utility costs resulting from the park use. Currently, we are not charging residents to use the city parks. We are now charging a fee of $50.00 plus tax to use the parks for anon-resident. Staff surveyed other surrounding communities to see what they charge for park rental. This information was used to come up with the proposed fee structure. The new rental policy would become effective as of January 1, 2009. The Commission also feels that we need to have a higher fee for groups over 100 people due to the extra garbage left behind. The rental fees would be as follows: Resident park rental fee: $30.00 plus tax Non-resident park rental fee: $ 60.00 plus tax Rental for groups of more than 100 people: $100.00 plus tax RECOMMENDED MOTION: Move to adopt the Park Rental Rates, as outlined by the Park and Recreation Commission at their meeting of June 25, 2008. COUNCIL ACTION: 90 CITY COUNCIL LETTER Meeting of : October 13, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Establish City Event Wagon Rental Fees BY: Keith Windschitl BY: f ,/'~ ~ NO: Recreation Director ~'~" __ r DATE: 9/30/08 f BACKGROUND In 1999, the Columbia Heights VFW Post #230 donated $5,500 to the City to purchase a community event wagon for the residents of Columbia Heights. This wagon consists of a trailer loaded with many accessories, such as tables, chairs, and recreational equipment such as balls and other play equipment. The trailer is used. by Columbia Heights businesses and. residents to assist them with family gatherings, special events, or community block parties where people can get to know their neighbors better. The Columbia Heights Park and Recreation Commission unanimously approved the event wagon rental rates at their meeting on June 25, 2008. The Park and Recreation Commission feels that we need to cover some of the gas costs, maintenance, administrative costs and equipment replacement costs resulting from the event wagon use. Currently, we are not charging residents to use the event wagon. The new fee policy would become effective as of January 1, 2009. The rental fees would be as follows: Event wagon rental fee: $25.00 plus taz RECOMMENDED MOTION: Move to adopt the Event Wagon Rental Rate, as outlined by the Park and Recreation Commission at their meeting of June 25, 2008. COUNCIL ACTION: 91 CITY COUNCIL LETTER Meeting of: 10/13/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS /~ ,~` ITEM: FINAL PAYMENT FOR THE ZONE 2 AND 3 BY: K. Hansen BY: ~~.--.fi~~~ STREET REHABILITATION PROJECTS DATE: 10/8/08 DATE: ~ Background: The Contractor completed the warranty work for the 2007 Street Rehabilitation projects in Zone 2 and 3 this summer. The work consisted of full and partial street reconstruction and overlays with related or special utility construction/replacement. All contract work and remaining punch list items have been completed. Analysis /Conclusions: Staff is recommending approval of final payment to Midwest Asphalt Corporation and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the 2007 Street Rehabilitation Projects in Zone 2 and 3, City Project Number 0702, and authorize Final Payment of $103,102.03 to Midwest Asphalt Corporation of Hopkins, Minnesota. KH:cb Attachment: Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: 92 CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER ESTIMATE NO. DATE: PERIOD ENDING: CONTRACT: PROJECT NO. S.A.P. PROJECT NO. FINAL -- September 17, 2008 September 5, 2008 2007 Street Rehabilitation 0702 and 0707 113-050-07 TO: MIDWEST ASPHALT CORPORATION P.O. Box 5477 Hopkins MN 55343 Phone: 952-937-8033 A. Original Contract Amount .......................................................... $ B. Total Addition ............................................................................. C. Total Deduction ......................................................................... D. TOTAL CONTRACT AMOUNT ..................................................... $ E. TOTAL VALUE OF WORK TO DATE ............................................. $ F. LESS RETAINED (0°1°) ............................................................... $ G. Previous Payment(s) .................................................................. $ H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER ..................... $ I. TOTAL PAYMENTS INCLUDING THIS VOUCHER ............................ $ APPROVALS 1,410,638.25 1,410,638.25 1,400,060.66 (1,296,958.63) 103,102.03 1,400,060.66 Pursuant to our field observations, I hereby recommend for payment the above stated amount for work performed through eptember 5, 2008. Signed by: ~ s ' Ke in ns orks Director/City Engineer Dat Signed by: DWES CORPO ~~~ ~'~ ~ Date --~~~~ 93 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2007 STREET REHABILITATION PROJECT ZONE 2 AND 3 CITY PROJECT NUMBER 0702 October 8, 2008 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Midwest Asphalt Corporation. The work consisted of full. street reconstruction, with related or special utility construction/replacement. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE ~ 1,410,638.25 CHANGE ORDERS ~ 0.00 FINAL CONTRACT AMOUNT ~ 1,410,638.25 FINAL WORK APPROVED ~ 1,400,060.66 ALL PRIOR PAYMENTS (~ 1,296,958.63) BALANCE DUE $ 103,102.03 Sincerely, CI Y F CO UMBIA HEICrHTS K i R. Ha City ngineer 94 CITY COUNCIL LETTER Meeting of: 10/13/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORK5 ~~,',,~'r~ ° ITEM: RESOLUTION ORDERING PREPARATION OF BY: K. Hansen BY: ,/r,~ ~ A FEASIBILITY REPORT FOR ZONE l C AND 3B SEAL DATE: 1.0/7/08 DATE: ` y COATING, CITY PROJECT #0901 Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement.. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required reports for the Zone 1 C and 3 Street Seal Coat Program. Zone 1 C seal coat streets include local streets between Central Avenue and Taylor Street, from 45`" to 47`" Avenues. Zone 3 streets include local bituminous streets north of 49t" Avenue. In accordance with City policy, streets rehabilitated as part of the 1998 program will not be assessed for seal coat. Two streets removed from the 2008 project, Khyber Lane and Stinson Boulevard from 45`" Avenue to the cul-de-sac, will be included in the 2009 project. The attached project map details the streets included in the 2009 program. Our proposed schedule calls for holding the improvement hearing for the project in March 2009. The bidding process will be administered by the City of Coon Rapids as part of a multi-City JPA for various street maintenance activities. Recommended Motion: Move to waive the reading of Resolution 2008-231, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2008-231, being a Resolution ordering the preparation of a report for proposed Zone 1 C and 3B Street Seal Coat Program, Project #0901. KH:cb Attachments: Resolution 2008-231 Project Map COUNCIL ACTION: 95 RESOLUTION N0.2008-231 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 1C and 3B SEAL COAT PROGRAM CITY PROJECT - NO. 0901. WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 1 C and 3B that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2009-O1 ZONE 1C and 3B SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MI)\fNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 13t" day of October 2008. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 96 - `~. gy _ - .Nx eifC~9.' ~ 'x ~42&FTGfYQiifi44 3 ~~ ARGONNE ~ •. ~E .v... •~ •,•, y, ~, _~_ "( ~ N ~- HALET .., ... ~f 2 f m ^°y ~.t. j `~ S ` v' l , r , F ~ . r F_. m~ _ _ ~ ~ g ,< ~ ~ 4 r . {~ _., ~~E ~~~-ONE 3 B ~.:e ~...~ ._~, _ .. ,_ w &~ 7.~i&_ 3fis a ~ "; Fay ,. ~~ ja F p _ .s k A~ ._ ~' t E- _ . .~ e A r s - i -. ..... ..f vmi; i i:.._... .... ~ e r :.^ ~t ;•_• { t i tt~i:~ . s ? , < C~ } _ m b w e.,.... mra tt rv • mia t ir~E414%P1 as x sazs w osa tt _ ~ WNS0Rl1GK~•'~F~.. ..q y` i~ z . , _.2 } , , ............ .......... .. ~ t ~ - .. .. .... ~~t._. k _ t~v~ E s ,~_ - ,,,ry ` ~ s I I I ~ ~ ..~... ~E{~ i I ! .,.i-t ~ `t0 , ~~, E ~w E Pt~i',,. _t, _ , ... _:. _.«, <...®..._ . .. ..........E xi , ... ..1.»-, w .s '~....-_.. ._.,-,. ,. .. ,._.r_. _.... ., ... .....................__ _. ._.. .. {aCVi'ffifviE§",. x; artw` vs""` '(i 49TH i , ~.a ~ AEni',~6"; ± :" ~. ~ FAU4Nl3Y,F_ c MDR ;° ~'E,.l , ;.. ~.,I,.E.f E=,.. f ! ~«.._ '~ Z `- -^x`....5 r :.. ~. ~ .i_.~ .. ... E.__.___,..., ~ ,l - , i ..._' E..1 t I !~ b J ! i ' i '_~_ r t re., t._. ~r ea ~, _} t... ~... .' ..;_:. i r I :; -~sw~ i. ~`;~- :; ~It `{ `':I: ~i I=EIf ! ~ r:s 4`GeLF,EI.'. ; g ~; ~.s ~.r,.. _ . -. ,~.. , ~E .,__ ::_. _.,_ j ... -- E t ~~ ` _ E .. t < , . .I `_, w .P gKVlEN' ~N H - ~ ~ -' 1 ...mm ~ w . i...... ..» o,- ' i ~- ggy~- (~ _ € 3} ITS a ~1.. }5 - «" ~ 4 i` .,T,_ ~~~~ _ 46TH_ }} 1~V'Ey , . ~.. ~ ~~ ! ~Y ~o'i i k t ~ f ~t c € 3j ~ t ~, ,F .~ e.,. ,6 ~ e ~ _ "Ifl~ rv " 4~1/S Ate., _~ ~ of I~ $ ?s ! t E l - ~ 1f e E _. _ - ,. - -~ ..,_- .-,. _.., ~ .~.... ..- _. . ti-...,.._...... -,.. _ - - 1 45tH _ AVE vq5 _.._ : ->^ 7H.-i' 1. ~ # r.-.,._.AVE S._,... ., E ._ _I~ ..f. t..t......, i .. ~ S ,. i ,. .... '- tax:.: ~ ! ( ! :., 4;-.,.:.€.:.~ t _j_in. ....., . ., 4...,._., i~' " . `{.,..,. E_` wi t...-.a ..).....p f _ ~ °~ F `_ tl2 VE ~ r. - _ - __ ! ~ ~ i»..r. S I - h ...,i r..~ £ I ,~>, ol~ _ S ~«w s £s - E (~ .,_ , :..-.. ,..r .. ¢ EE t a E ~ t i ~ t of x , ~ _ ~.. .,, ;~. _ -.,.r44TH _,, _. •-_ AVE.,_r__..«,M..., .F E `°~.yF...~~ w_ ~~ -_ _........_' t i € ._ < z . i w~ r !. t 1 .j_ !• i .-, i ~ ~ j i F -. ., M1 .. - itd~ , 97 ' CITY~OF COLUMBIA HEIGHTS °'-j - GIS /ENGINEERING DEPARTMENT ;Map Date: October, 2008 Map Author: K Young CITY COUNCIL LETTER Meeting of: 1.0/13/08 AGENDA SECTION: CONSENT AGENDA NO: ITEM: RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR ZONE 4 STREET REHABILITATION PROGRAM ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ,~~~ BY: K. Hansen BY: '.~;:. -r DATE: 10/7/08 DATE: ~ Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required report for the 2009 Street Rehabilitation program in Street Zone 4, generally bounded by University Avenue on the west, 48`" Avenue on the south, Central Avenue on the east and 53`d Avenue on the north. A Public Improvement Hearing will need to be held for these segments of roadways following completion and acceptance of the feasibility report. Recommended Motion: Move to waive the reading of Resolution No. 2008-230, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2008-230, being a Resolution ordering the preparation of a feasibility report for Zone 4 Street Rehabilitation Program. KH:cb Attachments: Resolution ?008-230 COUNCIL ACTION: 98 RESOLUTION N0.2008-230 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONES 4 STREET REHABILITATION PROJECT #0902 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 4 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011. to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2009-OZ ZONE 4 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 13`" day of October, 2008. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, CMC City Clerk 99 CITY COUNCIL LETTER ot: i u/ 13/ux AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: AUTHORIZE STAFF TO SEEK BIDS FOR THE BY: K. Hansen HUSET PARK PICNIC SHELTER DATE: 10/7/08 BY: ~ ~ DAT . Analysis/Conclusions: At the June, 2008 regular Park and Recreation Commission meeting, the Commission discussed the status of a picnic shelter for Huset Park on the west side of the park. Originally, Public Works had established $85,000 in the 2007 Parks budget for a new shelter at Huset Park West. The funding was re- budgeted in the 2008 budget due to the planning process of a potential community center site expanding in Huset Park from Murzyn Hall. At this meeting, the Park and Recreation Commission made a recommendation to the City Council to seek bids for a new park shelter at Huset Park west. The Commission. discussed the size to be similar to the new shelter at Sullivan and/or the existing County shelter at Kordiak Park. It was also discussed to have similar type and treatments as at Sullivan Park. In 2003 and 2004, Master Plans were prepared for Huset Park that included a large shelter structure on the west side of the park. Two versions (line type and rendering) of those master plans are attached designating the west side shelter. During the Master Planning process in 2003 and 2004, public meetings and review were held along with Commission review concluding in a recommendation to the City Council. The Council did not act on the final Master Plan as recommended by the Park and Recreation Commission. When the large storm water pond and trail system was constructed in 2005 under the Huset Parkway Project, an area was reserved for a future shelter structure that will tie into the existing grades and trail system and is consistent with past master planning efforts. Following the June 2008 Commission meeting, staff is recommending hexagonal shape structure with stone bases and a steel seamed roof -similar to the construction of new shelters at both Sullivan and Silver Lake Parks. A site layout is attached that shows the location of a new shelter within Huset Park West and potential new playground equipment that would replace the equipment that was removed when Huset Parkway was constructed. A question had also been raised at the 9/02/08 work session on the use of Park Development Funds for other than Park uses. State Statue 462.358 covers dedication fees. Under subdivision 2b., sections f and g, the use of any funds obtained through dedication fees is limited to 'only for the purposes for which the money was obtained.' The Statute specifically identifies uses as'acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space on approved park systems plan(s). Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space.' RECOMMENDED MOTION: Authorize and direct staff to seek bids for a new picnic shelter at Huset Park West. Attachments: Site Layout COUNCIL ACTION: 100 ~lus~~ Aark City of Columbia Heights, Minnesota 1 ~ ~ ,. i - ,.~ ~ ~3 :F ~a ~ '. ~ ~'~ / ~~ ~ ~7~ x, 5* `!'y `1 ~' .~ ,d. J` ~ _. ~ ` ~ `~E ~~ rarf ~',R - ~; Pool Improvements '. Temporary pool improvements to include re- fencing and possible new concrete patio around the pool to keep seating within the pool space ~,~ .,~»-°" Picnic Shelter ~;~ : 48' - 50' diameter shelter on concrete pad in close relation to the playground, as weU as the bocce bat/ area and pool .-..~*'" Playground Area Playground with separate container for swings, sand digger area and separate play systems for pre-school and elementary age groups __ i .~~: ~'°'° "" ~°~""'~" Bocce Ball Courts ` I ~ I Temporary re-location of bocce ball courts that ,, could be replaced in the future over the pool ~~ ~~ ~ location ;~ ,~ ,~~ ,~,~~.~amp.~9.-s~~o~ ~ , MopHfns MN 95393 w~rww.Meuar-ktl.com ~ - ~ ~ _ , ~ - r~ r; 39TH AVENUE NE . ~~~[!; t-ti ~ ~;~ ~~~ _ ... October 10th, 2008 llst'1 ` aI'J~' - tat `ure im ro v~ments City of Columbia Heights, Minnesota 1^ ~yP g `~ ~ ~.~ ~i ~-i y y\ X Pu+. "} yrt ~rr~` „~ ~,x'-'a+ ~ / / 1 .~.'~~'~:a 7 ) ? ,. ',•a .. . I `~ ~ l-, - ' ~ ~ -i y~''p', ,4~f ~ t + P ~ t .. ~ . ~` ~.. _ ~f _~ ~" 1~~~~ r ~ > _ -`. I ~,~ ~ . ~ ~_ ~~, ~ ~ i~ ~~ ~,. ~'' n} J.'t lP• J~ ,y ~ _~ ~ 1~~ ' t -,r`',.` - ~ ',:.ate =`~:~~, =i~ -~~ ~. "~ ,Budding Improvements '~~ A deck could be added to Murzyn Hall, as per the original master plan, ~ ~ ~' ~" Trails ~ (~ 5 The trai/s allow for a connection from the ;~,~ ba1lfrelds to the playground area without having to cross traffic and also extend to the upper level of Murzyn Hall. ~ti ~~ ,~'~~' Bocce Ball Courts '~°`~,, ~ ~~~~~~ Re-located over the pool location to maintain a ~'`` ~~ ~` North-South orientation and keeps them in close w ' ~,t ~ proximity to Murzyn Hall senior activities and can a,.d include some adjacent benches and game tables. ' ~ ' ~ Parking Area P~"" ~ ~ ~ ~ ~ ~~ ~°~ ~,~~ ~F The parking area shown illustrates how a parking area ~~;~, A ' ~ ; ~ F a and entrance drive can be incorporated into the site ~ ~ ~~ ~~ t ~8 ~~~~' ~~ } '~ but DOES NOT indicate a final design. The parking ;,1,;~ w `, ~ area shown contains approximately 80 stabs with a ''~ '~ ._----~ -- short term parking /drop off area that also allows for ` `access to the rear of the building for services. -- ~_ ..~ ~.. _, ..,~ s.~ a .,, October 10th, 2008 CITY COUNCIL LETTER Meetm ot: 1 U/ I ~/U2S AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: APPROVAL OF THE DEVELOPMENT BY: K. Hansen BY: ~'~ CONTRACT FOR HART LAKE ADDITION DATE: 10/7/08 DATE. Background: Representatives from New Perspectives approached City staff this summer with a proposal to overtake the Comforts of Home project located at 3801 Hart Boulevard. With the Comforts of Home project struggling financially, the construction on the project has stopped completely with the underground parking area, foundation and elevator shaft currently built. Without the proposal from New Perspectives, the remainder ofthe project would unlikely be constructed. The proposal from New Perspectives includes completing the construction of the project, as well as taking over all management responsibilities once the building is complete. As part of the proposed takeover, New Perspectives requests to add 24 more units than the original Comforts of Home project incorporated. These units would be located on the same building footprint as the proposed Montessori School, with the Montessori School not being a part of the proposed plan. With the new plan, the new proposal requested a Conditional Use Permit and Variance, which the City Council approved at their September 8t", 2008 regular meeting. Analysis /Conclusions: The Comforts of Home Development had a Development Contract that was approved by the Council in February of 2007. The attached Development Contract is based on the original contract with minor updates as follows: • The name of the Developer has been changed to New Perspectives. • The financial surety requirements have been reduced to reflect work completed in 2007. • The requirement of a cul-de-sac on Hart Boulevard has been removed. • Dates have been updated to allow reasonable time frames for completion. • Re-establishes the engineering escrow to cover remaining engineering inspection costs. • Sets forth remaining work to be completed by the Developer in an established time frame specific to the project. • Provides that New Perspectives will absolve any pending litigation from the Comforts of Home projects with the initiation of this project. The Development Contract is to provide protection, financial sureties, and cost recovery to the City for specific developments. The City Attorney has reviewed the Development Contract with. a recommendation for approval. Recommended Motion: Move to approve the Development Contract between the City of Columbia Heights and New Perspectives for the Hart Lake Addition. Attachment: Development Contract (attachment raot received -will be distributed at the meeting COUNCIL ACTION: 103 DEVELOPMENT CONTRACT FOR PLAT OF DART LAKE ADDITION ANOI~:A COUNTY, MINNESOTA Updated: 10/10/08 1041 _ INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTt~ACT FOtZ HART LAKE ADDITION, ANOKA COUNTY, MINNESOTA RECITALS ARTICLE 1-DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Plat 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1.9 Director of PWD 1.10 County 1.11 Developer Improvements 1.12 Developer Public Improvements 1..13 Developer Default 1.14 Force Majeure 1.15 Developer Warranties A. Authority B. No Default ~0.~2 - C. Present Compliance With Laws D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Warranty On Proper Work and Materials H. Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 2.1 2.2 2.3 2.4 2.5 2.6 -DEVELOPER IlViPROVEMENTS Developer Improvements Boulevard and Area Restoration Street Maintenance Occupancy Approval of Contractors and Engineer Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 -RESPONSIBILITY FOR COST5 3.1 Developer Improvement Costs 3.2 Enforcement Costs ios3 - 3.3 Time of Payment ARTICLE 4 -DEVELOPER WAR;[2ANTIES 4.1 Statement of Developer Warranties ARTICLE 5 -CITY WARRANTIES S.l Statement of City Warranties ARTICLE 6 -INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 -CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE 8 -ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 -MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording t oJ4 - 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.1.6 Additional Agreements 9.17 Release of Development Contract EDIT A -LIST OF DEVELOPMENT PLANS EXHIBIT B -DEVELOPER PUBLIC IlVIPROVEMENTS EXI~BIT C -ESCROW AND PARK DEDICATION CALCULATION 1085 _ CITY OF COLUMBIA IIEIGHTS DEVELOPMENT CONTRACT FOR HART LAKE ADDITION THIS AGREEMENT, made and entered into on the day of , 2008, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter called the °°CITY°°), and the OWNER and DEVELOPER identified herein. RECITALS: WHEREAS, Pratt-Ordway, LLC, a Minnesota limited liability company, d/b/a Pratt-Ordway Properties ("Pratt") requested preliminary and final approval of the PLAT and the DEVELOPMENT PLANS; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 41.2, 429 and 462, the COUNCIL agreed to approve the PLAT and the DEVELOPMENT PLANS with the following condition(s): the installation of a paved bituminous trail on the west side of Hart Boulevard extending from 37`" Avenue to approximately 550 feet north of 37`h Avenue; and WHEREAS, in connection such approval, the CITY and Pratt entered into that certain Development Contract for Hart Lake Addition dated January 26, 2007, and filed in the office of the Anoka County Recorder and in the office of the Anoka County Registrar of Titles as Document Nos. 1991018.006 and 490641.006 (the "Original Development Contract"), which was assigned to an assumed by Columbia Heights COH, LLC, a Minnesota limited liability company ("COH") pursuant to that certain Assignment and Assumption Agreement Regarding Development Contract for Plat of hart lake Addition, Anoka County, Minnesota, by and between Pratt, COH and the City dated January 26, 2007, and filed in the office of the Anoka County Recorder and in the office of the Anoka County Registrar of Titles as Document Nos. 1991018.008 and 490641..008; and WHEREAS, Pratt has filed four (4) complete sets of the DEVELOPMENT PLANS with the CITY; and WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD; and WHEREAS, COH has defaulted under the Original Development Contract and has failed to complete the Development Improvements required to be completed under the Original Development Contract; and WHEREAS, the Developer has entered into a purchase agreement with COH (the "Purchase Agreement") to purchase certain real property within the PLAT legally described as Lots 1 and lA, Block 1, Hart Lake Addition (the "Property"), which is subject to the Original Development Agreement and in connection therewith the CITY and the DEVELOPER desire to specify the ~ 0-~6 - DEVELOPMENT IMPROVEMENTS which are uncompleted under the Original Development Contract and the obligations of the DEVELOPER for the completion of the same; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429 and 462, the COUNCIL has agreed to do so subject to the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the remaining work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: ARTICLE L DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. 1.3 DEVELOPER: OWNER. "DEVELOPER and OWNER" means CH Real Estate, LLC, a Minnesota limited liability company. 1.4 PLAT. "PLAT" means the plat of HART LAKE ADDITION, in the City of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached EXHIBIT `A,' and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. To the extent this DEVELOPMENT CONTRACT is inconsistent with the Original Development Contract, the terms of this DEVELOPMENT CONTRACT shall control it being the intent of the parties that this DEVELOPMENT CONTRACT amend, restate and replace the Original Development Agreement in its entirety. 11Q~ _ 1.7 COUNCIL. "COUNCIL'' means the Council of the City of Columbia Heights. 1.8 PWD. "PWD" means the Public Works Department of the City of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. 1.10 COUNTY. "COUNTY" means Anoka County, Minnesota. l.ll DEVELOPER IlVIPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached EXHIBIT `B.' 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right-of--way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b) failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach of the DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: tt~8 - A. AUTHORITY. Developer is a limited liability company, validly existing and in good standing under the laws of the State of Minnesota. DEVELOPER has the right, power, legal capacity and authority to enter into this DEVELOPMENT CONTRACT and upon. closing under the Purchase Agreement, to perform its obligations under this DEVELOPMENT CONTRACT, and upon such closing no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. B. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and. DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. E. NO LITIGATION. To the best of Developer's knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, or the PLAT, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. The DEVELOPER has disclosed that the Property is subject to the litigation: Pending foreclosure action commenced by Lake Area Bank, Case No. 02-CV- 08-2937, in which Lake Area Bank has sought to foreclose its mortgage against the Property and. various mechanic's lien claimants have asserted mechanics' liens against the Property (the "Pending Litigation"). It is a condition of the closing under the Purchase Agreement that all claims asserted in the Pending Litigation be settled and dismissed by the parties thereto. ~ ~a9 - F. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished. by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTRACT against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all. costs of performing repair work required by the CITY within thirty (30) days of notification. H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and. federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. 1.16 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 If to DEVELOPER CH Real Estate, LLC c% New Perspective Senior Living 4920 Lincoln Drive Edina, MN. 55436, and ~I~10 - or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service ff served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IlVIPROVEMENTS 2.1 DEVELOPER IlVIPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on EXHIBIT `B,' except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 21 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this PLAT resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. 2.4 OCCUPANCY. Unless otherwise agreed to by the City, no certificate of occupancy and no occupancy of any building in the PLAT shall occur until the DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed to by the City, this provision excludes Site Landscaping and Site Street Lighting. 2.5 APPROVAL OF CONTRACTORS .AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld.; provided however that the CITY hereby specifically approves Humphrey Engineering, for such purposes. t1~ I 2.6 CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPRGVEt~ENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors and material suppliers, at least five (5) days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold apre-construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMEN`1'S. 2.7 INSPECTION. The PWD or its designated representative, shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD two (2) working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S right pursuant to Article 8 to withhold the release of any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 2.8 FAITHFiTL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER. shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER'S sole cost and. expense, any work or materials that within two (2) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the City. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. ~ ~ X12 - ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 DEVELOPER IlVII'ROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 3.3 TIlVIE OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WA]~RANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICATION 6.1 INDEMNIFICATION OF THE CITY. DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; X1613 - c) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen in its performance of the DEVELOPMENT CONTRACT; e) failure by the DEVELOPER to pay for materials in its performance of the DEVELOPMENT CONTRACT; f) DEVELOPER'S failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; g) DEVELOPER'S construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEFAULT within a thirty (30) days cure period, hereinafter defined as "CURE PER10D". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit or cash deposit; d) the CITY may deny building and occupancy permits for buildings within the PLAT; ~ 1 ~I 4 - e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shat] within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting there from, including but not limited to notice and hearing requirement and any claim that the special assessments exceed. benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT `C' pursuant to Minn. Stat. 429.081. 7.2 NO ADDITIONAL WAIVER IlVIPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach. hereunder. All waivers by the CITY must be in writing. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7. l (c) and, concurrently or sequentially, the remedy provided by Section 7.1(e), to the extent that the remedy in Section 7.1(c) provides reimbursement to the City for any costs and expenses incurred by the City. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 7.4 EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY inay perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER aforty-eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER. shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses ~1~5 - incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT `C' pursuant to Minn. Stat. 429.081. ARTICLE 8 ESCROW DEPOSIT 8.1 ESCROW REOUII2EMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT `C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall be for a term ending December 31St, 2009. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of December 31St, 2009, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall. secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31, 2009. With CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 from time to time as financial obligations are paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER'S written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER IMPROVEMENTS, ninety percent (90%) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10%) of that portion of the irrevocable letter of credit, or cash deposit, for those specific completed tl~t6 improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10%). If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 NIISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY or the DEVELOPER under this DEVELOPMENT CONTRACT. Other than the completion of the DEVELOPMENT IMPROVEMENTS as required by this DEVELOPMENT CONTRACT and the DEVELOPER'S performance under the terms of this DEVELOPMENT CONTRACT, nothing contained in this Development Contract shall be construed as an obligation of the Developer to pay or perform any claim, liability or expense of Pratt or COH. 9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 9.4 RECORDING. The DEVELOPMENT CONTRACT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.5 BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the PLAT and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. 9.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the COUNCIL. tag 7 - The DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells the entire Property, or any part of it. 9.7 AMENDMENT AND WAIVER The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9.11 INCONSISTENCY. Subject to Section 1.6, if the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the Property to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall. govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. This requirement shall be based on the landscaping 12118 - and screening materials for the Property, at the completion of each multiple unit building (lot grouping). b) A letter of credit or other security as acceptable to the CITY shall be deposited with the Director of Public Works, in an amount equal to ten percent (10%) of the estimated cost of landscaping, fencing and/or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons, as defined by MnDOT specifications. A portion of the letter of credit may be released after one growing season as determined by the Director of Public Works. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced immediately, or within the next planting season if required by the weather. d) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. (water conservation measure) 9.14 PARK DEDICATION. The City hereby agrees that the Park dedication fees calculated in accordance with the Original Development Agreement have been fully paid by Pratt or COH and that no further Park dedication fees will be accessed in connection with this DEVELOPMENT CONTRACT of DEVELOPER'S contemplated development of the Property. 9.15 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as-built" condition of the DEVELOPER IMPROVEMENTS. The Record. Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main. service locations at the service extensions or property lines. The GPS Data shall include X, Y & Z coordinate data consistent with City requirements. 9.16 ADDITIONAL AGREEMENTS. A. The OWNER and. the CITY hereby agree that the maintenance costs of the PLAT storm water treatment facilities included in the DEVELOPMENT PLANS shall be shared by the DEVELOPMENT and CITY in accordance with Stormwater Drainage and Utility Easement Agreement, dated January 26'", 2007, and filed in the office of the Anoka County Recorder and in the office of the Anoka County Registrar of Titles as Document Nos. 1991018.010 and 490641.010 (the t ~~19 - "Stormwater Agreement"). Necessary storm water maintenance activities shall be conducted or cause to be conducted by the CITY, with incurred costs billed to the DEVELOPMENT by the CITY, ali_ocated as provided in the Stormwater Agreement, and payable within 30 days. B. The OWNER and the CITY hereby agree to the following: a. The DEVELOPER shall install a 8 foot wide bituminous trail on the west ROW of Hart Boulevard from 37`h Avenue to a line parallel to the north plat line and provide restoration in this area. Provided. however that the CITY shall indemnify and hold DEVELOPER harmless from any and all liabilities for adverse environmental conditions, if any, which may be encountered during the construction. C. The OWNER and shall obtain. all necessary approvals from the Rice Creek Watershed District (RCWD) for the remaining work on the Property. D. Notwithstanding anything to the contrary provided herein, this DEVELOPMENT CONTRACT shall become effective on the closing under the Purchase Agreement and the transfer of the Property to the DEVELOPER. If the DEVELOPER does not close on its purchase of the Property by January 31, 2009, then this DEVELOPMENT CONTRACT shall not become effective and will not be binding on the parties hereto. 9.17 RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided that said improvements have been completed and said warranties have expired. t~~LO - IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: CH Real Estate, LLC By: Gary Peterson, Mayor By: Walt Fehst, City Manager STATE OF MINNESOTA ) ss. COUNTY OF ANOKA By: Its On this day of , 2008, before me a Notary Public within and for said County, personally appeared to me Gary Peterson and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF bHrTNESOTA ) ss. COUNTY OF ANOI{A 1 On this day of , 2008, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, said that he is the of CH Real Estate, LLC, the Minnesota limited liability company named in the foregoing instrument, and that said instrument was signed in behalf of CH Real Estate, LLC, a Minnesota limited liability company by the .. ,and acknowledged said instrument to be the free act and deed of CH Real Estate, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public ~~~1 THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P.E. City Engineer, & Jeff Sargent City Planner City of Columbia Heights 590 40t" Avenue N.E. Columbia Heights, MN 55421 763/706-3600 James Hoeft City Attorney Barna, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783-5122 ~~~2 - EXIHBTT A LIST OF DEVELOPMENT PLANS HART BOULEVARD ADDITION PLAN DESCRIPTION DESIGN PLAN DATE 1. Development Plat Cornerstone Land Surveying 2. Erosion Control and Grading Plan Humphrey Engineering 12/8/06 (including the project SWPPP) 3. 4. 5. 6. Street Plan (Public) Humphrey Engineering 12/8/06 Utility/Site Plan (Public/Private) Humphrey Engineering 12/8/06 Landscape Plan Humphrey Engineering 12/8/06 Street Light Plan Humphrey Engineering 12/8/06 ~~~,3 - EXHIBIT B DEVELOPER PUBLIC LMPROVEMENTS The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED X Public (Hart Blvd) COMPLETION DATE 6/31/09 6/31/09 12/31/09 12/31/09 12/31/09 IMPROVEMENT Grading/Removals/Erosion Control Plan Utilities (Storm Sewer) Streets (Plat -Public) Landscaping Street Lighting Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of the building. Unless otherwise agreed to by the City, this provision shall ezclude Site Landscaping and Site Street Lighting. -~'- EXHIBIT C ESCROW AND PARK DEDICATION CALCULATION(S) DEVELOPER IMPROVEMENTS 1. Erosion ControURestoration (site) $ 25,000 2. Utilities (Storm Sewer & pond completion) $ 50,000 3, Public Street Connections $ 10,000 4. Landscaping (incl. Retaining Walls) $ 50,000 5. Street Lighting $ 15,000 6. Hart Blvd Trail/Restoration $ 25,000 $ 175,000 MULTIPLIED BY: 1.25 EQUALS: $ 218,750 For the above work, DEVELOPER shall post escrow* for $ 218,750. (* Form in accordance with Section 8.1 of this agreement.) PARK DEDICATION FEES: N/A -Previously paid In addition to the letter of credit required above, the DEVELOPER shall also deposit $7,500 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $7,500 shall be to pay the CITY for the past and future engineering site inspection fees with at the CITY's standard rates charged for such tasks. The CITY represents to the DEVELOPER that the sum of $ is presently outstanding for such site inspection fees and that no additional amount will be charged to the DEVELOPER for engineering site inspection fees incurred prior to the effective date of this DEVELOPMENT CONTRACT. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $7,500 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $7,500 deposit, the DEVELOPER is responsible for payment of such excess within thirty (30) days after billing by the CITY. -- CITY COUNCIL LETTER Meeting of October 13, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ITEM: Rental Housing BY: Gary Gorman / BY: ~'~ ~ / ~ Licenses ~ ~ , , .,~ :,/L . NO: DATE: October 8, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for October 13, 2008. COUNCIL ACTION: 129 List of 2008 Rental Licenses to Approve Occupany I.D. Properly Owner Name Property Address 10073 Tasks Unlimited Lodges 1479 LINCOLN 30011 First Select Equities 4255 3RD 30030 Michigan Rentals, LLC 647 37TH 30500 Anoka County Community Action 3932 CENTRAL 20162 Mir Ali 966 44 1/2 20078 Gary Anderson 4630 Taylor 10306 Bobby Anglin 4422 7TH 12146 Rita Blanske 667 51ST 10151 Charles Blood 4126 CLEVELAND 20171 James Clobes 4650 WASHINGTON 20181 James Clobes 4654 WASHINGTON 20218 Mohsen Dessouki 4610 FILLMORE 12206 William Farrey 1110 43 1/2 20414 Pat Fragale 1313 CIRCLE TERRACE 10242 Farah Gelle 1234 43 1/2 20174 Peter Gillquist 212 42ND 12203 James Graham 4409 MONROE 10100 Lindsay Herron 5258 6TH 12014 Aaron Holmbeck 4038 MADISON 10006 Ruano Javier 4036 WASHINGTON 12070 Matthew Jennings 4851 5TH 20077 Chad Jirasek 4630 WASHINGTON 10035 Gina Kilgore 4753 UPLAND 10085 Gina Kilgore 4542 HEIGHTS 30024 Margaret Kortas 4308 4TH 12163 Grace Lee 4209 WASHINGTON 20178 Duncan McClellan 4420 MONROE 30104- Todd McGrath 4656 POLK 30035 Robert Mikulak 228 40TH 30025 Lawerence Miller 3948 5TH 10304 Deane Millington 4204 7TH 12147 Kathryn Morales 673 51ST 30426 Feriz Palic 1035 PETERS 20256 Candace Peickert-Arndt 1415 PARKVIEW 12208 Timothy Quass 3727 Reservoir 12021 Einer Rasmussen 3722 3RD 10061 Brian Ruesink 805 50 1/2 20206 Ron Sanford 4914 Tyler 10126 Deloris Sauers 1011 41ST 20185 David Schavee 4641 Taylor 20406 Audrey Stauch 4556 FILLMORE 130 10/08/2008 13:03 Page 1 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name 20422 Isadore Stewart 12145 Gary Stockwell 20198 Jeff Swanson 20019 Thomas Therrien 10204 Jon Williams 10189 Joe Yard Property Address 4606 POLK 683 51ST 4530 WASHINGTON 633 51ST 3922 ARTHUR 4807 JEFFERSON 131 10/08/2008 13:03 Page 2 CITY COUNCIL LETTER Meeting o£ October 13, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Oct. 8, 2008 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 13, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008 and a Temporary Liquor License for an Immaculate Conception fundraiser dinner that will be held October 24`" Also included on the agenda is the renewal of the Currency Exchange License for kwik Cash operating at 4639 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53 A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Dept and they see no reason to deny the renewal of this license. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 13, 2008 as presented. COUNCIL ACTION: 132 TO CITY COUNCIL October 13, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Jones & Sons Blacktopping PO Box 105, Shakopee *North Wood Co. 830 113t" Ave NE, Blaine *All Climate Htg & Cooling *Custom Refrigeration *Liberty Comfort Sys Rayco Construction *Hunerberg Construction Go *Steel Structures *Peter Theodorakos dba Betsy Ross Pizza *D & D Mechanical. Co Piperight Plumbing *Rick's Plumbing *Excellence in Plumbing *Engberg Plumbing Twin Cities S &W Rescue Plumbing *Perfection Htg 2520 Coon Rapids Blvd 664 Mendelsohn Ave N, Gol. Val. 627 E River Rd, Anoka 211 St Anthony Pkwy, Mpls 11102 86t" Ave N, Maple Grove 821 9t" Ave SE, Mpls 2301 37t" Pl. Col. Hts. 9025 W Hwy 101, Savage 10710 Mississippi Blvd, Coon Rap 1701 221 S` Ave NW, Cedar 23612 Pederson Dr NW, St Francis 3030 County Rd J, Mounds View 4251 W 125t" St, Savage 2427 Wimbeldon Bay, Woodbury 1770 Gervais Ave, Maplewood TEMPORARY LIQUOR LICENSE POL Immaculate Conception Church 4030 Jackson St, Col. Hts. For October 24`" Fundraiser CURRENCY EXCHANGE BUSINESS LICENSE POL Cash Czechs dba Kwik Cash 4639 Central Ave NE, Coi. Hts. $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $60 $100 State License 133 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: October l3, 2008 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 127459 through 127687 in the amount of $ __..1,816,025.81 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 134 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/09/2008 12:30:15 Check History GL050S-V06.74 COVERPAGE GL540R ******************************************************************************* * *** C O U N C I L ** * *** C O U N C I L *** * * *** C O U N C I L * *** C O U N C I L ******************************************************************************* Report Selection: Optional Report Title.......10/13/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 127459 thru 127687 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL O1 P4 Y S 6 066 10 135 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 10/13/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ALLIED BLACKTOP COMPANY 127459 142,087.65 AMERIPRIDE INC 127460 70.88 BELLBOY CORPORATION 127461 459.90 C. ADLER MARTIAL ARTS SE 127462 385.00 CAPITOL BEVERAGE SALES L 127463 14,959.25 CENTER POINT ENERGY 127464 591.51 CHISAGO LAKES DISTRIBUTI 127465 4,428.71 CINTAS FIRST AID-SAFETY 127466 62.37 CITY OF COLUMBIA HEIGHTS 127467 137,593.33 COLUMBIA HEIGHTS ATHLTC 127468 12.80 CREATIVE CURBING & LANDS 127469 6,821.32 DAKOTA COUNTY RECEIVING 127470 67.00 DANIMAL DISTRIBUTING INC 127471 952.56 EXTREME BEVERAGE 127472 502.50 FARKAS/GEORGE 127473 228.42 GENUINE PARTS/NAPA AUTO 127474 250.95 HARTFORD FIRE INSURANCE 127475 10,223.00 HENLY/ANANDA 127476 30.91 HOHENSTEINS INC 127477 2,512.85 INTEGRA TELECOM INC 127478 167.61 INTN'L ASSOC PROPERTY&EV 127479 325.00 IPC PRINTING 127480 318.30 JEFF,BOBBY & SIEVES AUTO 127481 99.54 JJ TAYLOR DIST OF MN 127482 11,683.48 JOHNSON BROS. LIQUOR CO. 127483 22,548.52 KLEIN/TRACY 127484 491.10 MARCO 127485 80.00 MARK VII DIST. 127486 5,814.44 MINNESOTA MULTI HOUSING 127487 150.00 MN POLLUTION CONTROL AGE 127488 5,500.00 OFFICE DEPOT 127489 76.65 OLSON/KAREN 127490 39.38 PAUSTIS & SONS WINE COMP 127491 1,036.76 PETTY CASH - KAREN MOELL 127492 77.18 PHILLIPS WINE & SPIRITS 127493 9,971.34 PRISM TITLE & CLOSING SE 127494 30,979.66 QWEST BUSINESS SERVICES 127495 538.00 QWEST COMMUNICATIONS 127496 831.51 RJM DISTRIBUTING INC 127497 71.97 S & T OFFICE PRODUCTS IN 127498 163.92 SHAMROCK GROUP-ACE ICE 127499 61.74 SPRINT INC 127500 166.80 STREICHER'S GUN'S INC/DO 127501 4,237.50 SURLY BREWING CO INC 127502 434.00 TRADEMARK TITLE 127503 252.05 USA MOBILITY WIRELESS IN 127504 96.07 VINOCOPIA INC 127505 944.00 136 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 10/13/2008 COUNCIL LISTING CHECK NUMBER AMOUNT XCEL ENERGY (N S P) 127506 1,552.46 AMERICAN BOTTLING COMPAN 127507 261.17 AMERIPRIDE INC 127508 68.56 BARNA GUZY & STEFFEN LTD 127509 18,636.00 CAPITOL BEVERAGE SALES L 127510 11,751.17 CHISAGO LAKES DISTRIBUTI 127511 6,539.76 CLELAND/CHARLES 127512 830.00 COCA-COLA BOTTLING MIDWE 127513 5,456.44 DANIMAL DISTRIBUTING INC 127514 1,242.34 EXTREME BEVERAGE 127515 606.00 GRIGGS-COOPER & CO 127516 4,343.69 HANSON/JEFFREY 127517 105.00 HENNEPIN TECHNICAL INST 127518 370.00 INDEPENDENT SCHOOL DIST 127519 100,393.89 JJ TAYLOR DIST OF MN 127520 8,368.85 KEPPEN/HAZEL 127521 24.75 MARK VII DIST. 127522 15,381.74 MN DEPT OF LABOR & INDUS 127523 35.00 MOELLER/KAREN 127524 76.25 PETTY CASH - KAREN MOELL 127525 101.60 POST BOARD 127526 90.00 PRASKY/ANDY 127527 54.62 SHAMROCK GROUP-ACE ICE 127528 730.21 STREICHER'S GUN'S INC/DO 127529 779.50 SURLY BREWING CO INC 127530 765.00 T-MOBILE INC 127531 186.75 TASER INTERNATIONAL 127532 190.00 UNIVERSITY OF MINNESOTA 127533 50.00 VERIZON WIRELESS 127534 192.99 WELLS FARGO BANK 127535 6,170.27 T-MOBILE INC 127536 54.34 BELLBOY CORPORATION 127537 13,617.90 BRUNSWICK ZONE XL BLAINE 127538 471.26 CAPITOL BEVERAGE SALES L 127539 28,652.20 CHERNIN/ALEKSANDR 127540 180.00 CITY OF COLUMBIA HEIGHTS 127541 136,715.24 CITY WIDE WINDOW SERVICE 127542 83.27 COLUMBIA HEIGHTS VOLUNTE 127543 76,333.00 EAST BETHEL THEATRE 127544 357.50 EXTREME BEVERAGE 127545 548.50 FIRST NATIONAL INSURANCE 127546 1,000.00 FLUEGGE/MICHAEL D 127547 875.00 G & K SERVICES INC 127548 49.41 GREATER METROPOLITAN HSG 127549 5,000.00 GRIGGS-COOPER & CO 127550 47,958.58 JOHNSON BROS. LIQUOR CO. 127551 11,233.78 CARSON/JAMIE 127552 322.68 137 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 10/13/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MARKHAM/MATTHEW 127553 30.00 MINNESOTA COACHES INC 127554 531.30 MN DEPT OF ADMINISTRATIO 127555 511.10 MN MUNICIPAL UTILITIES 127556 35.00 PAUSTIS & SONS WINE COMP 127557 2,260.31 PETTY CASH - LIZ BRAY 127558 196.81 PHILLIPS WINE & SPIRITS 127559 1,902.76 QUALITY WINE & SPIRITS 127560 15,473.19 RIVER VALLEY RANCH 127561 1,000.00 SANDBACK/MARGARET 127562 67.00 SUNT/IRENE 127563 53.00 U.S. BANK 127564 431.25 VINOCOPIA INC 127565 1,981.50 WILSON/KRISTIN 127566 13.95 WINE COMPANY/THE 127567 1,826.40 WINE MERCHANTS 127568 1,199.92 WORLD CLASS WINE 127569 1,923.55 XCEL ENERGY (N S P) 127570 20,343.61 ACCURINT 127571 132.00 ACE HARDWARE 127572 7.01 ALEX AIR APPARATUS INC 127573 455.59 ALLIED-BFI WASTE SYSTEMS 127574 89,789.05 AMERICAN LEGAL PUBLISHIN 127575 3,356.00 AMERICAN LIBERTY CONSTRC 127576 112,530.99 AMERICAN WATER WORKS ASS 127577 158.00 AMERIPRIDE INC 127578 45.42 ANOKA COUNTY 127579 1,275.62 ASCAP 127580 302.16 ASPEN MILLS, INC. 127581 155.00 ASTLEFORD INTERNATIONAL 127582 182.41 BAKER & TAYLOR 127583 1,719.53 BAKER & TAYLOR ENTERTAIN 127584 22.48 BARNA GUZY & STEFFEN LTD 127585 14,793.00 BEN MEADOWS COMPANY 127586 703.50 BIFF'S,INC. 127587 1,026.34 BLUEMELS TREE SERVICE 127588 37,216.44 BONESTROO 127589 12,750.00 BOUND TREE MEDICAL LLC 127590 158.43 BRADLEY & GUZZETTA LLC 127591 92.50 BRAUN INTERTEC CORP 127592 6,352.25 BROOK WHITE CO. 127593 447.30 BRYAN ROCK PRODUCTS, INC 127594 1,690.89 CARTE GRAPH SYSTEMS INC 127595 2,700.00 CCP INDUSTRIES 127596 91.29 CHAMBERLAIN OIL COMPANY 127597 1,033.84 CHET'S SHOES 127598 179.70 CINTAS FIRST AID-SAFETY 127599 406.44 138 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 10/13/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CITY PAGES 127600 900.00 CLARK PRODUCTS INC 127601 108.97 COLUMBIA HEIGHTS RENTAL 127602 19.95 COLUMBIA PARK MEDICAL GR 127603 1,190.00 COMMERCIAL ASPHALT 127604 14,208.15 CONSTRUCTION BULLETIN 127605 209.00 CONTRACTORS & SURVEYORS 127606 6.12 CSC CREDIT SERVICES INC 127607 25.00 CUMMINS N POWER, LLC 127608 97.03 DELTA HOSPITAL SUPPLY IN 127609 165.95 DEMCO, INC. 127610 137.18 DU ALL SERVICE CONTRALTO 127611 5,975.12 EGAN OIL COMPANY 127612 14,414.15 ENGINEERING REPRO SYSTEM 127613 3,131.58 FACTORY MOTOR PARTS INC 127614 178.24 FIDELITY BUILDING SERVIC 127615 5,167.90 FLEX COMPENSATION, INC 127616 189.00 FRATTALONE COMPANIES INC 127617 34,686.64 G & K SERVICES INC 127618 608.81 GENE'S WATER & SEWER INC 127619 1,280.50 GENERAL BOOK COVERS 127620 284.53 GENUINE PARTS/NAPA AUTO 127621 440.19 GOODIN CO. 127622 18.28 HARBOR FREIGHT TOOLS 127623 33.76 HERRINGER/GERRY 127624 70.00 HOME DEPOT #2802 127625 39.08 HOUCHEN BINDERY LTD 127626 317.60 INSTRUMENTAL RESEARCH IN 127627 340.00 INTEGRATED LOSS CONTROL 127628 378.00 JENSEN/SHERRI 127629 80.00 KENNEDY & GRAVEN 127630 1,490.00 LAKE RESTORATION INC 127631 840.00 LEAGUE OF MINNESOTA CITI 127632 690.00 LIEBERMAN/AARON 127633 150.00 MAC QUEEN EQUIPMENT CO. 127634 1,003.88 MARSHALL CONCRETE PRODUC 127635 589.95 MEDICS TRAINING INC 127636 550.00 MENARDS CASHWAY LUMBER-F 127637 304.36 MET COUNCIL REGIONAL DAT 127638 14,454.00 METRO WELDING SUPPLY 127639 91.06 METROPOLITAN COUNCIL WAS 127640 70,075.34 MIDWAY FORD 127641 83.70 MIDWEST ASPHALT CO. 127642 311,230.46 MIDWEST TAPE 127643 29.99 MILLENNIUM CARPET INC 127644 5,200.00 MINITEX - ATTN MARY GARC 127645 482.00 MINNEAPOLIS SAW CO INC 127646 16.45 139 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 10/13/2008 COUNCIL LISTING MN DEPT OF LABOR & INDUS MORNINGSTAR INC NEXTEL COMMUNICATIONS NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT ONE-CALL CONCEPT-GOPHER ONVOY INC PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I QUALITY RESTORATION SERV QWEST COMMUNICATIONS RANDOM HOUSE, INC READER'S DIGEST ASSOCIAT RICOH AMERICAS CORPORATI ROYAL TIRE RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SAYKALLY/JESSICA SCHOLASTIC LIBRARY PUBLI SHAMROCK GROUP-ACE ICE SOLBREKK INC STANWAY EXCAVATING STAR TRIBUNE STATE OF MINN-DEPT OF CO STREICHER'S GUN'S INC/DO SUN PUBLICATION INC SZUREK/MARLAINE T-MOBILE INC THOMSON GALE TRUGREEN CHEMLAWN TWIN CITY HARDWARE UNITED RENTALS VALPAK OF MINNEAPOLIS/ST VALUE LINE PUBLISHING IN WALL STREET JOURNAL/THE WHOLESALE TRUCK-TRLR PR XCEL ENERGY (N S P) YOUNG AUDIENCES OF MINNE ZIEGLER INC 3M CHECK NUMBER AMOUNT 127647 2,437.85 127648 875.00 127649 40.99 127650 314.10 127651 2,241.30 127652 1,015.16 127653 460.80 127654 1,189.93 127655 19.30 127656 8,289.35 127657 9,451.88 127658 200.75 127659 194.65 127660 29.98 127661 418.69 127662 421.10 127663 45.00 127664 986.18 127665 51.61 127666 247.00 127667 136.35 127668 1,540.18 127669 468.60 127670 111.80 127671 101.24 127672 374.87 127673 756.00 127674 35.00 127675 45.26 127676 222.07 127677 6,271.39 127678 157.66 127679 5,180.71 127680 660.00 127681 898.00 127682 349.00 127683 270.48 127684 57.69 127685 656.44 127686 1,412.60 127687 7,650.00 1,816,025.81 *** 140 ACS FINANCIAL SYSTEM 10/09/2008 12 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 10/13/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,816,025.81 RECORDS PRINTED - 001181 141 ACS FINANCIAL SYSTEM 10/0 9/2008 12:30:18 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 209,375.75 201 COMMUNITY DEVELOPMENT FUND 15,369.03 212 STATE AID MAINTENANCE 3,167.77 225 CABLE TELEVISION 394.66 240 LIBRARY 13,426.51 261 AFTER-SCHOOL PROGRAMS 2,771.67 350 GO TI REFUNDING BONDS 2004A 431.25 408 EDA HOUSING MAINTENANCE FUND 35,979.66 412 CAPITAL IMPROVEMENT PARKS 118,883.24 415 CAPITAL IMPRVMT - PIR PROD 476,201.19 417 PUB SAFETY BLDG CONSTRUCTION 13,354.58 418 COMMUNITY CTR CAPITAL BLDG 100,393.89 420 CAP IMPROVEMENT-DEVELOPMENT 34,419.34 431 CAP EQUIP REPLACE-GENERAL 2,660.35 436 CAPITAL EQUIP REPLACE-LIQUOR 5,500.00 601 WATER UTILITY 5,668.22 602 SEWER UTILITY 71,721.43 603 REFUSE FUND 91,036.97 604 STORM SEWER UTILITY 1,627.99 609 LIQUOR 267,259.89 651 WATER CONSTRUCTION FUND 18,028.74 701 CENTRAL GARAGE 25,414.34 720 DATA PROCESSING 2,424.93 875 FISCAL AGENCY: GIS RANGER 7,650.00 880 PERMIT SURCHARGE 16,951.76 883 CONTRIBUTED PROJECTS-OTHER 415.08 884 INSURANCE 1,000.00 885 PAYROLL FUND 274,308.57 887 FLEX BENEFIT FUND 189.00 TOTAL ALL FUNDS 1,816,025.81 BANK RECAP: BANK ---- NAME ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 1,816,025.81 TOTAL ALL BANKS 1,816,025.81 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 142 CITY COUNCIL LETTER MF.FTTNC; nF~ OC'TnRF.R 13. 2~~R AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL ITEM: RESOLUTION ADOPTING AN BY: JOSEPH KLOIBER BY: ~ ASSESSMENT ROLL AND LEVYING A ; ~ ' ", ~ ~. /~ SPECIAL ASSESSMENT FOR DATE: OCTOBER 9, 2008 ~ . , DELINQUENT CHARGES NO: Background: Annually staff recommends that the City Council adopt a special assessment levy to collect miscellaneous charges that have reached the delinquent stage within the past year. These delinquent charges are for city-provided utilities (water, sewer, refuse), weed cutting, tree removal, nuisance abatement and other services listed on the assessment roll included in the attached resolution. Analysis/Conclusions: The proposed assessment roll consists of $201,010 in principal, payable over one year at 15% interest. These are the same terms proposed in the public hearing notice (copy attached) that was published in the Sun Focus newspaper on September 25, 2008 and mailed to each property owner of record. These terms are also comparable to prior Council levies for delinquent bills. It should be noted that $49,388 of the assessment role is for a single abatement project at 3930 University Ave NE. RECOMMENDED MOTION: Move to close the public hearing and waive the reading of Resolution 2008-228 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-228 being a resolution to adopt a special assessment roll and levy a special assessment for delinquent charges. JPK 0810091 COUNCIL Attachments: Notice of Public Hearing Resolution 2008-228 COUNCIL ACTION: 143 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA NOTICE OF HEARING FOR PROPOSED SPECIAL ASSESSMENTS PURSUANT TO CITY CHARTER, Notice is hereby given that the City Council of Columbia Heights, Minnesota will conduct a public hearing at 7:00 P.M. on Monday, October 13.2008 in the Council Chamber at 590 - 40th Avenue NE, Columbia Heights, Minnesota for the purpose of adopting an assessment roll for the following services heretofore approved and provided, and for which payment is delinquent: PROJECT N0.200&DB-19-001 DELINQUENT CHARGES AREA PROPOSED TO BE ASSESSED: SCATTERED SITES IN THE CITY OF COLUMBIA HEIGHTS TOTAL AMOUNT OF PROPOSED ASSESSMENTS: FOR UTILITY SERVICES, INCLUDING WATER, SEWER AND REFUSE, FOR WHICH PAYMENT IS DELINQUENT, AND/OR OTHER CITY SERVICES FOR WHICH PAYMENT IS DELINQUENT, INCLUDING TREE REMOVAL, WEED CUTTING AND OTHER NUISANCE ABATEMENT. Assess $236,019 for one (1) year at 15% interest. The properties to be assessed are set forth below identified by Parcel Identification Number (PIN). To find vour tax parcel identification number, check vour real estate tax statement. 25-30-24-13-0037 26-30-24-13-0064 34-30-24-44-0024 35-30-24-22-Oll6 35-30-24-41-0107 36-30-24-24-0061 25-30-24-14-0047 26-30-24-13-0101 35-30-24-i1-0090 35-30-24-22-0147 35-30-24-41-0111 36-30-24-24-0100 25-30-24-14-0049 26-30-24-13-0108 35-30-24-IZ-OOli 35-30-24-22-0149 3>-30-24-41-0113 36-30-24-24-0105 25-30-24-14-0063 26-30-24-13-0113 35-30-24-12-0017 35-30-24-22-0156 35-30-24-42-0040 36-30-24-24-0119 25-30-24-22-0059 26-30-24-13-0117 35-30-24-12-0021 35-30-24-23-0032 35-30-24-42-0055 36-30-24-24-0156 25-30-24-24-0006 26-30-24-14-0101 35-30-24-12-0058 35-30-24-23-0064 35-30-24-42-0079 36-30-24-31-0001 25-30-24-24-0075 26-30-24-14-01]3 35-30-24-12-0067 35-30-24-23-0066 35-30-24-42-0099 36-30-24-31-0007 25-30-24-32-0032 26-30-24-14-0136 35-30-24-12-0087 35-30-24-23-0264 35-30-24-43-0006 36-30-24-31-0030 25-30-24-32-0074 26-30-24-21-0106 35-30-24-12-0103 35-30-24-23-0283 35-30-24-43-0022 36-30-24-31-0035 25-30-24-32-0144 26-30-24-24-0035 3>-30-24-12-0123 35-30-24-24-0091 35-30-24-43-0029 36-30-24-31-0037 25-30-24-33-0022 26-30-24-24-0039 35-30-24-12-0163 35-30-24-24-0092 35-30-24-43-0071 36-30-24-31-0044 25-30-24-33-0025 26-30-24-24-0046 35-30-24-12-0188 35-30-24-24-0094 35-30-24-44-0015 36-30-24-31-0050 25-30 24-33-0028 26-30-24-24-0158 35-30-24-12-0221 35-30-24-24-0102 35-30-24-44-0092 36-30-24-32-0037 25-30-24-33-0029 26-30-24-24-0163 35-30 24-13-0044 35-30-24-24-0132 35-30-24-44-0095 36-30-24-32-0043 25-30-24-33-0036 26-30-24-24-0174 35-30-24-13-0053 35-30-24-24-0144 35-30-24-44-0132 36-30-24-32-0044 25-30-24-33-0049 26-30-24-31-0082 35-30-24-13-0062 35-30-24-24-0163 36-30-24-12-0063 36-30-24-32-0078 25-30-24-33-0062 26-30-24-31-0097 35-30-24-13-0065 35-30-24-24-0173 36-30-24-13-0016 36-30-24-32-0094 25-30-24-33-0069 26-30-24-31-0103 35-30-24-13-0079 35-30-24-31-0023 36-30-24-21-0080 36-30-24-32-0099 25-30-24-33-0114 26-30-24-31-0112 35-30-24-13-0082 35-30-24-31-0033 36-30-34-21-0110 36-30-24-33-0046 25-30-24-34-0004 26-30-24-31-0116 35-30-24-13-0083 35-30-24-31-0048 36-30-24-21-0164 36-30-24-33-0093 25-30-24-34-0018 26-30-24-34-0001 35-30-24-13-0099 35-30-24-31-0063 36-30-24-22-0015 36-30-24-33-0113 25-30-24-34-0020 26-30-24-34-0010 35-30-24-13-0130 35-30-24-31-0075 36-30-24-32-0036 36-30-24-34-0031 25-30-24-34-0099 26-30-24-42-0027 35-30-24-13-0200 35-30-24-31-0095 36-30-24-22-0096 36-30-24-34-0042 25-30-24-34-0100 26-30-24-42-0030 35-30-24-]4-0103 35-30-24-31-0]70 36-30-24-22-0119 36-30-24-34-0045 25-30-24-41-0059 26-30-24-42-0033 35-30-24-21-0022 35-30-24-32-0026 36-30-24-23-0023 36-30-24-34-0068 25-30-24-41-0069 26-30-24-42-0097 35-30-24-21-0032 35-30-24-32-0032 36-30-24-23-0499 36-30-24-34-0096 25-30-24-44-0040 26-30-24-43-0021 35-30-24-21-0044 35-30-24-32-0054 36-30-24-24-0017 36-30-24-34-0102 26-30-24-12-0014 36-30-24-43-0074 35-30-24-21-0132 35-30-24-32-0078 36-30-24-24-0020 36-30-24-34-0115 26-30-24-12-0017 26-30-24-43-0111 35-30-24-21-0169 35-30-24-32-0249 36-30-24-24-0026 36-30-24-34-0121 26-30-24-12-0031 26-30-24-43-0112 35-30-24-21-0203 35-30-24-33-0064 36-30-24-24-0028 36-30-24-34-0122 26-30-24-12-0052 26-30-24-43-0118 35-30-24-21-0208 35-30-24-33-0149 36-30-24-24-0029 36-30=_'4-34-0140 26-30-24-12-0083 26-30-24-43-0119 35-30-24-21-0224 35-30-24-33-0153 36-30-24-24-0030 36-30-24-34-0148 26-30-24-12-0064 26-30-24-43-0148 35-30-24-22-0091 35-30-24-33-0167 36-30-24-24-0031 36-30-24-34-0157 36-30-24-13-0008 26-30-24-43-0172 35-30-24-22-0093 35-30-24-34-0045 36-30-24-24-0032 36-30-24-34-0172 26-30-24-13-0024 26-30-24-43-0174 35-30-24-22-0100 35-30-24-34-0088 36-30-24-24-0037 36-30-24-41-0091 26-30-24-13-0040 30-35-24-23-0066 35-30-24-22-0111 35-30-24-34-0089 36-30-24-24-0039 36-30-24-42-0010 36-30-24-43-0072 ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment rolls are now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 - 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment rolls prior to the hearing during business hours; no appointments are necessary. The assessment rolls will also be available for examination at the hearing. 144 OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may betaken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 429.081, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. SENIOR CITIZEN DEFERMENT NOT APPLICABLE Under Minnesota Statutes, Section 435.193 to 435.195, the Columbia Heights City Council adopted resolution No. 2007-248 permitting deferral of the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments, for special assessments payable in five or more annual installments. This will not apply to these new special assessments as proposed above, which are payable in only one annual installment. AUTHORITY TO SPECIALLY ASSESS The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The services are proposed to be assessed on a specific usage basis against the properties benefiting from said services. The parcels specifically described herein are subject to said assessments. The amoaent set forth in this Notice is the proposed fznal assessment. The City Council may levy and adopt special assessments that are the same or different than the proposed amounts. PAYMENTS OF SPECIAL ASSESSMENTS Once the special assessments are levied and adopted, the special assessments will be certified to the Anoka County Auditor to be extended on the property tax lists for collection with real estate taxes. Prior to this certification, however, the property owner may prepay a portion of or the entire amount of the special assessments without any interest thereon provided the prepayment is received within 30 days after adoption and levy of the special assessments by the City Council. If the property owner wishes to prepay the special assessments without any interest, then such payment must be made to the City of Columbia Heights at City Hall, 590 - 40th Avenue NE, Columbia Heights, Minnesota 55421. if prepayment is not received at City Hall, 590 - 40th Avenue NE, Columbia Heights, Minnesota 55421, on or before November 14, 2008, 4:45 pm, then: (a) The total principal, together with interest accrued on the unpaid balance, will be due and payable together with real estate taxes payable in 2009. (b) Interest will be calculated from the date of levy to December 31S` of 2009. If the adopted assessments differ from the proposed assessments as to any particular lot, piece or parcel of land, then. the City will mail to the owner a notice stating the amount of the adopted assessments. Owners will also be notified, by mail or at the assessment hearing, if the City Council adopts any changes in the interest rate or prepayment requirements from those contained in this Notice of Hearing. Auxiliary aids for handicapped person are available upon request when the request is made at least 96 hours in advance. Call the City Council Secretary at (763) 706-3711, or TDD (763) 706-3692 (for deaf only) to make arrangements. THE CITY OF COLUMBIA HEIGHTS Walter R. Fehst, City Manager 145 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION N0.2008-228 ADOPTING AN ASSESSMENT ROLL AND LEVYING A SPECIAL ASSESSMENT FOR DELINQUENT CHARGES WHEREAS, the services listed in the assessment roll below, numbered as Project 2008-DB-19-001, have been provided to and benefited the properties listed therein in the amounts listed therein; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 13t" day of October 2008 in the City Council Chambers 590 40`" Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Role for Delinquent Charges", numbered as 2008-DB-19-001. Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment role was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 12`", 2008. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40`" Avenue N.E. Columbia Heights, Minnesota, on or before November 14t", 2008. Any amount unpaid after November 14t", 2008 will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2009. The annual principal installments, together with 15% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. This resolution shall take effect immediately upon passage. 146 Property Address Parcel ID # Principal 15% Interest Total Doc Ref # Service 1620 Innsbnick Parkway 25-30-24-13-0037 1,215.50 182.33 1,39283 2800 Stop Box Repair 2200 Forest Dr NE 25-30-24-14-0047 36.98 5.55 42.53 316-0550-00-03 Water/Sewer/Rufuse 2133 Forest Dr NE 25-30-24-14-0049 945.43 141.81 1,087?4 316-0540-00-00 Water/Sewer/Rufuse 4838 W Upland Crest 25-30-24-14-0063 637.80 95.67 733.47 315-0490-00-11 Water/Sewer/Rufuse 1081/83 Polk Circle 25-30-24-22-0054 t,465.10 214.77 1,684.87 213-0045-00-00 Water/Sewer/Rufuse 1325 Pierce Terrace NE 25-30-24-24-0006 1,215.50 182.33 1,397.83 2846 Stop Box Repair 504> Johnson Street NE 25-30-24-24-0075 814.17 122.13 936.30 2761 Nuisance/Hazard Abatement 1143 Khyber Ln NE 25-30-24-32-00 306.19 45.93 352.12 213-0295-00-00 Water/Sewer/Rufuse 4707 Central Avenue NE 25-30-24-32-0074 797.39 119.61 917.00 2760 Nuisance/Hazard Abatement 4707 Central Avenue NE 25-30-24-32-0074 138.78 20.82 159.60 2861 Weed Cutting 4656 Polk Street NE 25-30-24-33-0022 987.83 148.17 1,136.00 2739 Nuisance/Hazard Abatement 4634-4636 Polk Street NE Z5-30-24-33-0025 1,239.53 185.93 1,425.46 2708 Nuisance/3lazard Abatement 4634-4636 Polk Street NE 2.5-30-24-33-0025 138.45 20.77 159.22 2796 Weed Cutting 4634-4636 Polk Street NE 25-30-24-33-0025 138.78 20.82 159.60 2838 Weed Cutting 4618 Polk Street NE 25-30-24-33-0028 392.45 58.87 451.32 2778 Nuisance/Hazard Abatement 4618/20 Polk St NE 25-30-24-33-0028 747.64 1 13.15 859.79 307-0020-00-04 Water/Sewer/Rufuse 4612 Polk St NE 25-30-24-33-0029 788.19 1 18.23 906.42 307-0015-00-00 Water/Sewer/Rufuse 4625 Tyler St NE 25-30-24-33-0036 679.38 101.91 781.29 318-0475-00-00 Water/Sewer/Rufuse 4621 Central Ave NE 25-30-24-33-0049 364.88 54.73 419.61 2li-0755-00-00 Water/Sewer/Rufuse 941. 45th Avenue NE 25-30-24-33-0062 l,OS2.05 157.81 1,209.86 2750 Nuisance/Hazard Abatement 941 4Sth Avenue NE 25-30-24-33-0062 138.78 20.82 159.60 2878 Weed Cutting 4546 Polk Street NE 25-30-24-33-0069 127.80 19.17 146.97 2557 Weed Cutting 4506-4508 Fillmore Street NE 25-30-24-33-0114 1,515.50 277.33 1,742.83 2831 Stop Box Repair 4631/33 Pierce St NL- 25-30-24-34-0004 621.10 93.17 714.27 307-0540-00-00 WaterlSewer/Rufuse 1426 Parkview Lane NE 25-30-24-34-0018 127.80 19.17 ]46.97 2582 Weed Cutting 1426 Parkview Lane NE 25-30-24-34-0018 127.80 19.17 ]46.97 2635 Weed Cutting 1426 Parkview Ln 25-30-24-34-0018 259.74 38.96 298.70 307-0605-00-00 Water/Sewer/Rufuse 1412 Parkview Lane NE 25-30-24-34-0020 1,655.90 248.39 1,904.29 2552 Stop Box Repair 4515-4517 Fillmore Street NE 25-30-24-34-0099 138.78 20.82 1.59.60 2852 Weed Cutting 4509-4511 Fillmore Street NE 25-30-24-34-0100 138.45 20.77 159.22 2828 Weed Cutting 4732 Upland Crest NE 25-30-24-41-0059 152.89 22.93 175.82 2726 Shade Tree Removal 4739 Heights Drive NE 25-30-24-41-0069 324.87 48.73 373.60 2715 Shade Tree Removal 2215 - 4Sth Ave NE 25-30-24-44-0040 305.92 45.89 351.81 306-0160-00-07 Water/Sewer/Rufuse 5202 Washington St NE 26-30-24-12-0014 151.39 22.71 174.10 202-0285-00-06 Water/Sewer/Rufuse 5202 Washington St NE 26-30-24-12-0014 136.19 20.43 156.62 302-0285-00-07 Water/Sewer/Rufuse 5142 Washington St NE 26-30-24-]3-0017 422.93 63.44 486.37 202-0270-00-07 Water/Sewer/Rufuse 5243 7th Street NE 26-30-24-12-0031 1,515.50 22733 1,742.83 2788 Stop Box Repair 617 51st Avenue NE 36-30-24-12-0052 138.78 20.82 159.60 2892 Weed Cutting 615/17 - 51st Ave NE 26-30-24-12-0052 1,782.00 267.30 2,049.30 204-0175-00-00 Water/Sewer/Rufuse 621 51st Avenue NE 26-30-24-12-0053 138.78 20.82 159.60 2851 Weed Cutting Sl 12 Washington St NE 26-30-24-12-0064 294.94 44?4 339.18 202-0250-00-04 Water/Sewer/Rufuse 5056 Washington Street NE 26-30-24-13-0008 185.50 27.83 213.33 2884 Stop Box Repair 4946 Monroe S[ NE 26-30-24-13-0024 208.06 31.21 23927 206-0605-00-00 Water/Sewer/Rufuse 4946 Monroe Street NE 26-30-24-13-0024 138.45 20.77 159.22 2808 Weed Cutting 4946 Monroe Street NE 26-30-24-i3-0024 138.78 20.82 159.60 2859 Weed Cutting 4951 Madison St NE 26-30-24-13-0040 636.89 95.53 732.42 205-0345-00-03 Water/Sewer/Rufuse 5054 Monroe St NE 26-30-24-13-0064 356.00 53.40 409.40 206-0665-00-00 Water/Sewer/Rufuse 5020 Washington Street NE 26-30-24-13-0101 138.78 20.82 159.60 2894 Weed Cutting 5038 Jefferson St NE 26-30-24-13-01 17 496.59 74.49 571.08 204-0075-00-00 Water/Sewer/Rufuse 5039 Jackson St NE 26-30-24-14-0101 241.81 36.27 278.08 209-0327-00-08 Water/Sewer/Rufuse 841 49th Avenue NE 26-30-24-14-0136 611.52 91.73 70325 2693 Shade Tree Removal 51 18 - 4th St NE 26-30-24-31-0106 584.27 87.64 671.91 106-0485-00-00 Water/Sewer/Rufuse 5118 4th Street NE 26-30-24-21-01.06 681.09 ]02.16 783.25 2747 Nuisance/Hazard Abatement 51 18 4th Street NE 26-30-24-21-0106 138.78 20.82 159.60 2869 Weed Cutting 5016 - 6th St NE 26-30-24-24-0039 787.14 118.07 905.21 I ]0-0510-00-00 Water/Sewer/Rufuse 5011 - 5th St NE 26-30-24-24-0046 88.39 13.26 101.65 108-0610-00-03 Water/Sewer/Rufuse 49015th Street NE 26-30-24-24-0158 138.45 20.77 ]59?2 2813 Weed Cutting 4901 5th Street NE 26-30-24-24-0158 138.78 20.82 159.60 2871 Weed Cutting 4925 5th Street NE 26-30-24-24-0163 2,870.00 430.50 3,300.50 2764 Construct concrete curb & gutter 4936 - 7th St NE 26-30-24-24-0174 262.68 39.40 302.08 112-0395-00-00 Water/Sewer/Rufuse 4800 4th Street NE 26-30-24-31-0082 138.45 20.77 159.22 2799 Weed Cutting 4800 4th Street NE 26-30-24-31-0082 138.78 20.83 159.60 2840 Weed Cutting 4800 - 4th St NE 26-30 24-31-0082 747.56 112.13 859.69 106-0050-00-00 Water/Sewer/Rufuse 4701 University Ave NE 26-30-24-31-0103 133.06 19.96 153.02 104-0450-00-00 Water/Sewer/Rufuse 4701 University Ave NE 26-30-24-31-0103 127.80 19.17 ]46.97 2573 Weed Cutting 4701 University Ave NE 26-30-24-31-0103 255.60 38.34 293.94 2666 Weed Cutting 4752 5th Street NE 26-30-24-31-01 L 535.08 80?6 615.34 2627 Shade Tree Removal 4736 5th Street NE 26-30-24-31-0116 439.54 fi5.93 505.47 2615 Shade Tree Removal 4736 - 5th St NE 26-30-24-31-0116 221.39 33.21 254.60 108-0245-00-00 Water/Sewer/Rufuse 528 47th Avenue NE 26-30 24-34-0001 611.52 91.73 703.25 2598 Shade Tree Removal 4635 - 6th St NE 26-30-24-34-0010 356.01 53.40 409.41 1 10-0125-00-00 Water/Sewer/Rufuse 666-668 47 1/2 Avenue NE 26-30-24-42-0027 127.80 19. t7 146.97 2647 Weed Cutting 147 Property Address Parcel ID # Principal 15% Interest Total Doc Ref # Service 681 47th Avenue NE 26-30-24-42-0030 138.78 20.82 159.60 2841 Weed Cutting 681 - 47th Ave 26-30-24-42-0030 217.82 32.67 250.49 206-0495-00-00 Water/Sewer/Rufuse 660-662 47 1/2 Avenue NE 26-30-24-42-0033 659.21 98.8$ 758.09 2716 Nuisance/Hazard Abatement 660-662 47 I/2 Ave NE 26-30-24-42-0033 127.80 19.17 146.97 2596 Weed Cutting 4806 Madison St NE 26-30-24-42-0097 597.48 89.62 687.10 205-0240-00-00 Water/Sewer/Rufuse 4636-4638 Washington Street NE 26-30-24-43-0] 18 1,215.50 182.33 1,397.83 2779 Stop Box Repair 4612 Jefferson Street NE 26-30-24-43-0148 1,515.50 227.33 1,742.83 2774 Stop Box Repair 669 - 46th Ave NE 26-30-24-43-0172 122.66 18.40 141.06 203-0290-00-00 Water/Sewer/Rufuse 669 - 46th Ave NE 26-30-24-43-0172 400.79 60.12 460.91 203-0290-00-OS Water/Sewer/Rufuse 679-681 46th Avenue NE 26-30-24-43-0174 138.45 20.77 159.22 2795 Weed Cutting 679-681 46th Avenue NE 26-30-24-43-0174 138.78 20.82 1.59.60 2837 Weed Cutting 679 - 46th Ave NE 26-30-24-43-0174 817.80 122.67 940.47 203-0295-00-00 Water/Sewer/Rufuse 679 - 46th Ave NE 26-30--24-43-0174 349.92 52.49 402.41 203-0300-00-09 Water/Sewer/Rufuse 4247-4249 2nd Street NE 30-35-24-23-0066 I,Sli.50 227.33 1,742.83 2782 Stop Box Repair 3848 Main Street NE 34-30-24-44-0024 1,515.50 227.33 1,742.83 2863 Stop Box Repair 4322 Quincy Street NE 35-30-24-I 1-0090 1,215.50 182.33 1,397.83 2818 Stop Box Repair 4407 Madison St NE 3>-30-24-12-0015 220.48 33.07 253.55 205-0225-00-00 Water/Sewer/Rufuse 4415 Madison Stree[ NE 35-30-24-12-0017 127.80 19.17 146.97 2655 Weed Cutting 4415 Madison Street NE 35-30-24-12-0017 1,287.52 193.13 1,480.65 2743 Nuisance/Hazard Abatement 4415 Madison St NE 35-30-24-12-0017 165.94 24.89 190.83 205-0215-00-02 Water/Sewer/Rufuse 4431 Madison St NE 35-30-24-12-0021 327.77 49.17 376.94 205-0195-00-00 Water/Sewer/Rufuse 4420 Jefferson Street NE 35-30-24-12-0058 138.78 20.82 159.60 2897 Weed Cutting 4425 Washington Street NE 35-30-24-13-0067 674.21 101.13 775.34 2756 Nuisance/Hazard Abatement 4403 7th Street NE 35-30-24-12-0087 138.78 20.82 159.60 2890 Weed Cutting 4332 Monroe St NE 35-30-24-12-0103 324.89 48.73 373.62 206-0085-00-09 Water/Sewer/Rufuse 4341 Madison Street NE 35-30-24-12-0123 138.78 20.82 159.60 2898 Weed Cutting 4341 Madison St NE 35-30-34-12-0123 870.61 130.59 1,001.20 204-0595-00-00 Water/Sewer/Rufuse 4315 Jefferson Street NE 35-30-24-12-0163 243.98 36.60 280.58 2592 Shade Tree Removal 4340 Jefferson Street NE 35-30-24-12-0188 127.80 19.17 146.97 2645 Weed Cutting 4355 Madison Street NE 35-30-24-12-022] 1,215.50 182.33 1,397.83 2781 Stop Box Repair 4355 Madison Street NE 3>-30-24-I2-0221 277.56 41.63 319.19 2860 Weed Cutting 4355 Madison St NE 35-30-24-12-0221 407.64 61..15 468.79 204-0585-00-00 Water/Sewer/Rufuse 4235 Washington Street NE 35-30-24-13-0044 401.31 60.20 46].51 2697 Shade Tree Removal 4235 Washington Street NE 35-30-24-13-0044 138.78 20.82 159.60 2888 Weed Cutting 4242 Madison St NE 35-30-24-13-0053 1 16.25 17.44 133.69 204-0510-00-01 Water/Sewer/Rufuse 4242 Madison Street NE 3>-30-24-13-0053 138.78 20.82 159.60 2872 Weed Cutting 4200 Madison St NE 35-30-24-13-0062 315.37 47.31 362.68 204-0465-00-00 Water/Sewer/Rufuse 4209 Jefferson Street NE 35-30-24-13-0065 1,74820 262.23 2,O10A3 2814 Stop Box Repair 4240 Monroe Street NE 35-30-24-13-0079 127.80 19.17 146.97 2549 Weed Cutting 4230 Monroe Street NE 35-30-24-13-0082 127.80 19.17 146.97 2643 Weed Cutting 4222 Monroe St NE 35-30-24-13-0083 194.69 2920 223.89 206-0020-00-01 Water/Sewer/Rufuse 4222 Monroe St NE 35-30-24-13-0083 1 12.40 16.86 12926 206-0020-00-02 Water/Sewer/Rufuse 4257 Madison Street NE 35-30-24-13-0099 420.42 63.06 483.48 2704 Shade Tree Removal 4132 Madison St NE 35-30-24-13-0130 153.69 23.05 176J4 204-0320-00-03 Water/Sewer/Rufuse 4244 Washington Street NE 35-30-24-13-0200 138.45 20.77 159.22 2806 Weed Cutting 4244 Washington Street NE 35-30-24-13-0200 138.78 20.82 159.60 2856 Weed Cutting 4105 Quincy Street NE 35-30-24-14-0103 2,109.00 316.35 2,425.35 2634 Stop Box Repair 4437 - 6th St NE 35-30-24-21-0022 443.64 66.55 510.19 109-0725-00-00 Water/Sewer/Rufuse 4424 6th Street NE 35-30-24-21-0032 458.64 68.80 527.44 2691 Shade Tree Removal 4421 - 5th St NE 35-30-24-21-0044 1,969.90 295.49 2,265.39 107-0690-00-00 Water/Sewer/Rufuse 4308 - 5th St NE 35-30-24-21-0132 682.4] 10236 784.77 107-0395-00-03 Water/Sewer/Rufuse 4337 - 5th St NE 35-30-24-21-0169 205.36 30.80 236.16 107-0470-00-00 Water/Sewer/Rufuse 4305 University Avenue NE 35-30-24-21-0203 1,689.00 253.35 1 942.35 2886 Stop Box Repair 4337 University Ave NE 35-30-24-21-0208 184.91 27.74 212.65 104-0335-00-02 Water/Sewer/Rufuse 4317 - 5th St NE 35-30-24-21-0224 149.48 22.42 171.90 107-0494-00-01 Water/Sewer/Rufuse 4427-4429 Main Street NE 35-30-24-22-0091 I? 15.50 182.33 1,397.83 2776 Stop Box Repair 4427/29 Main St NE 35-30-24-22-0091 1,189.81 178.47 1,368.28 101-0640-00-03 Water/Sewer/Rufuse 4338 - 2nd St NE 35-30-24-32-0100 419.88 62.98 482.86 102-0615-00-00 Water/Sewer/Rufuse 4338 2nd Street NE 35-30-24-22-0100 127.80 19.77 146.97 2563 Weed Cutting 4338 2nd Street NE 35-30-34-22-01.00 137.80 19.17 146.97 2657 Weed Cutting 431.5 Main Street NE 35-30-24-22-01 I 1 1,014.33 152.15 1,166.48 2753 Nuisance/Hazard Abatement 44] 1 3rd Street NE 35-30-24-22-0149 305.76 45.86 351.62 2736 Shade Tree Removal 4408 - 2 1/2 St NE 35-30-24-22-0156 409.73 61.46 471.19 103-0383-00-00 Water/Sewer/Rufuse 4109 Main Street NE 35-30-24-23-0032 127,80 19.17 146.97 2560 Weed Cutting 4109 Main Street NE 35-30-24-23-0032 127.80 19.17 146.97 2607 Weed Cutting 4109 Main Street NE 35-30-24-23-0032 127.80 19. t 7 146.97 2650 Weed Cutting 4109 Main Street NE 35-30-24-23-0032 820.88 123.13 944.01 2725 Nuisance/Hazard Abatement 4109 Main Street NE 35-30-24-23-0032 138.78 20.82 159.60 2854 Weed Cutting 4109 Main St NE 35-30-24-23-0032 295.72 44.36 340.08 101-0405-00-04 Water/Sewer/Rufuse 4237 - 2nd St NE 35-30-24-23-0064 1,03225 154.84 1,187.09 102-0715-00-00 Water/Sewer/Rufuse 4247/49 - 2nd St NE 35-30-24-23-0066 272.57 40.89 313.46 102-0705-00-03 Water/Sewer/Rufuse 4104 Maureen Dr NE 35-30-24-23-0264 489.82 73.47 56329 104-0705-00-00 Water/Sewer/Rufuse 4118 7th Street NE 35-30-24-24-0091 127.80 19.17 146.97 2602 Weed Cutting 148 Property Address Parcel ID # Principal IS% Interest Total Doc Ref # Service 4118 7th Street NE 35-30-24-24-0091 138.78 20.82 159.60 2862 Weed Cutting 4112 - 7th St NE 35-30-24-24-0092 1,730.09 259.51 1,989.60 111-0240-00-00 Water/Sewer/Rufuse 4112 '7th Street NE 35-30-24-24-0092 127.80 19.17 146.97 2562 Weed Cutting 4l 12 7th Street NE 35-30 24-24-0092 127.80 19.17 146.97 2609 Weed Cutting 41 12 7th Street NE 35-30-24-'4-0042 127.80 19.17 146.97 2653 Weed Cutting 41 l2 7th Street NE 35-30-24-24-0092 1,215.50 182.33 1,397.83 2787 Stop Box Repair 4112 7th Street NE 35-30-24-24-0092 138.78 20.82 159.60 2865 Weed Cutting 4104 -'7th St NE 35-30-24-24-0094 273.65 41.05 314.70 111-0230-00-00 Water(SewevRufuse 4125 - 6th St NE 35-30-24-24-0102 564.42 84.66 649.08 109-0280-00-00 Water/Sewer/Rufuse 4137 - 5th St NE 35-30-24-24-0132 418.16 62.72 480.88 107-0225-00-00 Water/Sewer/Rufuse 4124 - 5th St NE 35-30-24-24-0144 381.28 57.19 438.47 107-0175-00-01 Water/Sewer/Rufuse 4124 - 5th St NE 35-30-24-24-0144 179.87 26.98 206.85 107-0175-00-03 Water/Sewer/Rufuse 410 - 42nd Ave NE 35-30-24-24-0163 298.50 44.78 343 28 105-0085-00-02 Water/Sewer/Rufuse 4226 4th Street NE 35-30-24-24-0173 1,805.50 270.83 ? 076.33 2789 Stop Box Repair 4326 4th Street NE 35-30-24-24-0173 138.78 20.82 159.60 2882 Weed Cutting 4017 4th Street NE 35-30-24-31-0023 l,? 15.50 182.33 1,397.83 2870 Stop Box Repair 4017 - 4th St NE 35-30-24-31-0023 392.49 58.87 451.36 105-0190-00-00 Water/Sewer/Rufuse 4048 - 6th St NE 35-30-24-31-0033 373.83 56.07 429.90 109-0170-00-00 Water/Sewer/Rufuse 401 1 5th Street NE 35-30-24-31-0048 497.38 74.61 571.99 2681 Nuisance/Hazard Abatement 401 I - 5th St NE 35-30-24-31-0048 108.64 16.30 124.94 107-0325-00-00 Water/Sewer/Rufuse 4038 - 7th St NE 35-30-24-31-0063 313.87 47.08 360.95 11 I-0200-00-00 Water/Sewer/Rufuse 4017 6th Street NE 35-30-24-31-0075 138.78 20.82 159.60 2844 Weed Cutting 500 Summit Street NE 35-30-24-31-0095 138.45 20.77 15922 2805 Weed Cutting 4051 5th Street NE 35-30 24-31-0170 127.80 19.17 146.97 2654 Weed Cutting 4051 5th Street NE 35-30-24-31-0170 138.78 20.82 159.60 2877 Weed Cutting 4051 - Sih St NE 35-30-24-31-0170 305.36 45.80 351.16 107-0280-00-00 Water/Sewer/Rufuse 4057 Main St NE 35-30-24-32-0026 168.11 25.22 193.33 101-0395-00-00 Water/Sewer/Rufuse 3926 3rd Street NE 35-30-24-32-0032 348.86 52.33 401.19 2614 Shade Tree Removal 3912 - 2nd St NE 35-30-24-32-0054 350.61 52.59 403.20 102-0190-00-00 Water/Sewer/Rufuse 201 40th Avenue NE 35-30-24-32-0078 915.50 137.33 1,052.83 2815 Stop Box Repair 3430 University Avenue NE 35-30-24-32-0249 49,387.59 7,408.14 56,795.73 2745 Nuisance/Hazard Abatement 3930 University Ave NE 35-30-24-32-0249 655.04 98.26 753.35 113-0230-00-00 Water/Sewer/Rufuse 3810 3rd Street NE 35-30-24-33-0064 138.78 20.82 159.60 2842 Weed Cutting 3724 2nd Street NE 35-30-24-33-0149 534.91 80.24 615. t 5 2686 NuisancelHazard Abatement 3704 2nd Street NE 35-30-24-33-0]53 1,577.39 236.61 1,814.00 2689 Nuisance/Hazard Abatement 3853 3rd Street NE 35-30-24-33-0167 1,684.56 252.68 1,93724 2744 Nuisance/Hazard Abatement 3806 Gauvitte St NE 35-30-24-34-0045 775.55 116.33 891.88 100-OL9-00-00 Water/Sewer/Rufuse 381 1 Gauvitte Street NE 35-30-24-34-0055 1,635.80 245.37 1,881.17 2836 Stop Box Repair 381 1 Gauvitte St NE 35-30-24-34-0055 40824 6124 469.48 100-0144-00-00 Water/Sewer/Rufuse 534 lluset Pkwy NE 35-30 24-34-0089 34629 51.94 39823 100-0327-00-00 Water/Sewer/Rufuse 3954 Jackson St NE 35-30-24-41-0107 1,03126 1.54.69 1,185.95 208-0700-00-00 Water/Sewer/Rufuse 3975 Jackson St NE 35-30 24-41-0111 1 16.18 17.43 133.61 208-0680-00-02 Water/Sewer/Rufuse 834 - 40th Ave NE 35-30-24-41-0113 111.85 16.78 128.63 318-0180-00-00 Water/Sewer/Rufuse 657 - 40th Ave NE 35-30-24-42-0055 169.86 25.48 195.34 301-0375-00-02 Water/Sewer/Rufuse 679 40th Avenue NE 35-30-24-42-0079 138.78 20.82 li9.60 2885 Weed Cutting 666 - 40th Ave NE 35-30-24-42-0099 224.09 33.61 257.70 318-0145-00-00 Water/Sewer/Rufuse 584 - 38th Ave NE 35-30-24-43-0022 498.97 74.85 573.82 214-0045-00-00 Water/Sewer/Rufuse 573 37th Avenue NE 35-30-24-43-0029 138.78 20.82 159.60 2858 Weed Cutting 560 Lomianki Ln NE 35-30-24-43-0071 757.97 113.70 871.67 100-0228-00-00 Water/Sewer/Rufuse 3906 Van Buren Street NE 35-30-24-44-0015 138.78 20.82 159.60 2853 Weed Cutting 3906 Van Buren St NE 35-30-24-44-0015 1,50837 226.26 1,734.63 209-0615-00-00 Water/Sewer/Rufuse 3701 Jackson St NE 35-30 24-44-0092 481.09 72.16 553.25 208-0600-00-00 Water/Sewer/Rufuse 3701 Jackson Street NE 35-30-24-44-0092 138.45 20.77 15922 2816 Weed Cutting 3701 .tackson Street NE 35-30-24-44-0092 1,764.28 264.64 2,028.92 2875 Stop Box Repair/Weed Cutting 3723 Jackson St NE 35-30-24-44-0095 527.88 79.18 607.06 208-0585-00-00 Water/Sewer/Rufuse 3819 Van Buren St NE 35-30-24-44-0132 267.73 40. ] 6 307.89 209-0550-00-02 Water/Sewer/Rufuse 3819 Van Buren St NE 35-30-24-44-0132 287.52 43.13 330.65 209-OS>0-00-03 Water/Sewer/Rufuse 431 I Reservoir Blvd NE 36-30-24-12-0063 54826 82.24 630.50 2618 Shade Tree Removal 4236 Polk Street NE 36-30-24-13-0016 2,331.65 349.75 2,681.40 2741 Nuisance/Hazard Abatement 4408 McLeod Street NE 36-30-24-21-0080 127.80 19.17 146.97 2566 Weed Cutting 4408 McLeod Street NE 36-30-24-21-0080 157.09 23.56 180.65 2826 Weed Cutting 4408 Mc Leod St NE 36-30-24-21-0080 486.09 72.9] 559.00 308-0215-00-00 Water/Sewer/Rufuse 1214 - 44th Ave N/Haugen 36-30-24-21-0110 355.63 53.34 408.97 305-0230-00-00 Water/Sewer/Rufuse 1417 43rd Avenue NE 36-30-24-21-0164 1,215.50 182.33 1,397.83 2793 Stop Box Repair 1417 - 43rd Ave NE 36-30-24-21-0164 714.61 107.19 821.80 304-0207-00-00 Water/Sewer/Rufuse 1104 45th Avenue NE 36-30-24-23-0015 1,215.50 182.33 1,397.83 2866 Stop Box Repair 4442 Tyler PI 36-30-24-22-0036 406.11 60.92 467.03 305-0020-00-00 Water/Sewer/Rufuse 4444 Tyler PI 36-30-24-22-0036 405.33 60.80 466.13 305-0025-00-09 Water/Sewer/Rufuse 1020 44th Avenue NE 36-30-24-22-0096 175.73 26.36 202.09 2817 Weed Cutting 1020 44th Avenue NE 36-30-24-22-0096 138.78 20.82 159.60 2876 Weed Cutting 1020 - 44th Ave NE 36-30-24-22-0096 276.45 41.47 317.92 305-0290-00-08 Water/Sewer/Rufuse 955 43rd Avenue NE 36-30-24 ?2-01 19 6,020.88 903.13 6,924.01 2765 Nuisance/Hazard Abatement 1020 43rd Avenue NE 36-30-24-23-0023 33.78 5.07 38.85 2887 Weed Cutting 149 Property Address Parcel ID # Principal 15% Interest Total Doc Ref # Service 1355-1357 Circle Terrace Blvd NE 36-30-24-24-0017 138.45 20.77 159 22 2803 Weed Cutting 1355-1357 Circle Terrace Blvd NE 36-30-24-24-0017 138.78 20.82 t59.60 2849 Weed Cutting 1355-1357 Circle Terrace Blvd NE 36-30-24-24-0017 1,215.50 182.33 1,397.83 2767 Stop Box Repair 1357 Circle Terr Blvd NE 36-30-24-24-0017 862.94 129.44 992.38 302-0285-00-00 Water/Sewer/Rufuse 1357 Circle Ten Blvd NE 36-30-24-24-0017 558.85 83.83 642.68 302-0285-00-09 Water/SeweriRufuse 1388 Circle Terr Blvd NE 36-30-24-24-0017 219.66 3295 252.61 302-0290-00-00 Water/Sewer/Rufuse 1355 Circle Ten Blvd NE 36-30-24-24-0017 163.83 24.57 188.40 302-0290-99-99 Water/Sewer/Rufuse 1337-1339 Circle Terrace Blvd NE 36-30-24-24-0020 1,215.50 182.33 1,397.83 2777 Stop Box Repair 1337/39 Circle Tern Blvd NE 36-30-24-24-0020 1,246.80 187.02 1,433.82 302-0310-00-03 Water/Sewer/Rufuse 1301 Circle Terr Blvd NE 36-30-24-24-0026 221 24 33.19 254.43 302-0350-00-07 Water/Sewer/Rufuse 1324-1326 Circle "Cerrace Blvd NE 36-30-24-24-0028 138.45 20.77 159,22 2833 Weed Cutting 1316-1318 Circle Terrace Blvd NE 36-30-24-24-0029 699.51 104.93 804.44 2752 Nuisance/I-Lazard Abatement 1316-1318 Circle Terrace Blvd NE 36-30-24-24-0029 685.62 102.84 788.46 2790 Nuisance/Hazard Abatement 1316-1318 Circle Terrace Blvd NE 36-30-24-24-0029 138.45 20.77 IS922 2822 Weed Cutting 1300-1302 Circle Terrace Blvd NE 36-30-24-24-0031 102.79 15.42 118.21 2701 Shade Tree Removal 1300-1302 Circle Terrace Blvd NE 36-30-34-24-0031 228.45 34.27 262.72 2821 Weed Cutting/Abatement 1300-1302 Circle Terrace Blvd NE 36-30-24-24-0031 138.78 20.82 159.60 2857 Weed Cutting 1319 41st Avenue NE 36-30-24-24-0032 114.66 17.20 131.86 2729 Shade Tree Removal 1401/03 - 42 12 Ave NE 36-30-24-24-0037 933.82 140.07 1,073.89 304-0035-00-00 Water/Sewer/Rufuse 5016 6th Street NE 36-30-24-24-0039 2,141.50 321.23 2,462.73 2784 Stop Box Repair 1220 - 42 12 Ave NE 36-30-24-24-0061 376.19 56.43 432.62 303-0686-00-00 Water/Sewer/Rufuse 1401-1403 Circle Terrace Blvd NE 36-30-24-24-0100 1.,301.00 195.18 1,496.15 2766 Stop Box Repair 1401-1403 Circle Terrace Blvd NE 36-30-24-24-0100 138.78 20.82 159.60 2899 Weed Cutting 1324 42nd Avenue NE 36-30 24-24-0105 299.83 44.97 344.80 2880 Shade Tree Removal 1335 41st Avenue NE 36-30-24-24-O1 19 5734 8.60 65.94 2737 Shade Tree Removal 1218 43rd Avenue NE 36-30-24-24-0156 127.80 19.17 146.97 2559 Weed Cutting 1231 40th Avenue NE 36-30-24-31-0001 138.45 20.77 li9.22 2809 Weed Cutting 1231/33 - 40th Ave NE 36-30-24-31-0001 S47.S0 82.13 629.63 301-OS7S-00-00 Water/Sewer/Rufuse 4050 Tyler Street NE 36-30 24-31-0007 15420 23.13 1.77.33 2683 Shade Tree Removal 1231 Circle Terr Blvd NE 36-30-24-31-0030 492,89 73.93 566.82 302-0390-00-09 Water/Sewer/Rufuse 1272-1274 Circle Terrace Blvd NE 36-30-24-31-0035 49729 74.59 571.88 2694 Shade Tree Removal 1272-1274 Circle Terrace Blvd NE 36-30-24-31-0035 138.45 20.77 159.22 2823 Weed Cutting 1272-1274 Circle Terrace Blvd NE 36-30-24-31-0035 138.78 20.82 159.60 2883 Weed Cutting 1360 Circle Terr Blvd NE 36-30-24-31-0037 269,91 4Q49 310.40 302-0190-00-OS Water/Sewer/Rufuse 1224 Circle Terrace Blvd NE 36-30-24-31-0044 102.79 15.42 l 18.21 2670 Shade free Removal 1207 40th Avenue NE 36-30-24-31-0050 1,82320 273.48 2,096.68 2798 Stop Box Repair 972 40th Avenue NE 36-30-24-32-0043 1,82020 273.03 2.09323 2804 Stop Box Repair 970 - 40th Ave NE 36-30-24-32-0044 1,19427 179.14 1,373.41 301-0475-00-00 Water/Sewer/Rufuse 1008/10 Gould Ave NE 36-30-24-32-0094 741.92 1 1 129 853.21 308-0520-00-00 Water/Sewer/Rufuse 1045 Peters Place 36-30-24-32-0099 248.30 37.25 285.88 2705 Shade Tree Removal 3919 Reservoir Blvd 36-30-24-33-0046 505.36 75.80 581.16 309-0020-00-00 Water/Sewer/Rufuse 961 - 37th Ave NE 36-30-24-33-0093 497.81 74.67 572.48 213-0490-00-00 Water/Sewer/Rufuse 1019 37th Avenue NE 36-30-24-33-01 13 37.24 S.S9 42.83 2612 Shade Tree Removal 1019 37th Avenue NE 36-30-24-33-0113 95.55 14.33 109.88 2692 Shade Tree Removal 3826 Buchanan Street NE 36-30-24-34-0042 138.78 20.82 159.60 2891 Weed Cutting 3807-3809 Pierce Street NE 36-30-24-34-0045 255.60 38.34 293.94 2652 Weed Cutting 121 S 37th Avenue NE 36-30-24-34-0068 127.80 19.17 146.97 2637 Weed Cutting 3809 Buchanan Street NE 36-30-24-34-0096 1 ? 15.50 182.33 1,397.83 2792 Stop Box Repair 3809 Buchanan St NE 36-30-24-34-0096 97.95 14.69 112.64 311-0745-00-01 Water/Sewer/Rufuse 3904 Polk Street NE 36-30-24-34-0115 406.59 60.99 467.58 2594 Shade Tree Removal 3919 Tyler Street NE 36-30-24-34-0121 l,S 15.50 227.33 1,742.83 2874 Stop Box Repair 3921 Tyler Street NE 36-30-24-34-0122 3,612.80 541.92 4,154.72 2807 Repair water service 3871 Polk Street NE 36-30-24-34-0148 138.78 20.82 159.60 2900 Weed Cutting 3871 Polk St 36-30-24-34-0148 253.02 37.95 290.97 311-0145-00-02 Water/Sewer/Rufuse 3831 Polk Street NE 36-30-24-34-01 S7 630.63 94.59 725.22 2676 Shade Tree Removal 3834 Polk Street NE 36-30-24-34-0172 138.78 20.82 159.60 2895 Weed Cutting 4080 Stinson Blvd NE 36-30-24-41-0091 363.43 S4.S1 417.94 2688 Shade Tree Removal 1842 41st Avenue NE 36-30-24-42-0010 138.78 20.82 159.60 2867 Weed Cutting 1842 - 41st Ave NE 36-30-24-42-0010 461.04 69.16 53020 302-0605-00-00 Water/Sewer/Rufuse 391SUlyssesStNE 36-30-24-43-0072 305.73 45.86 381.89 312-0310-00-O1 Water/Sewer/Rufuse 201,009,57 30,151.72 231,16129 150 Passed this 13th day of October, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 151 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin Date: October 13, 2008 AGENDA. SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1 S` reading of proposed Ordinance No. BY: Sheila Cartney BY: ~ ,r 1559 relating to Abandoned Property DATE: 10/10/08 BACKGROUND: At the August City Council Worksession staff discussed the rental moratorium and housing programs. Staff suggested drafting an Abandoned Property Ordinance that would target vacant properties. Staff drafted such an ordinance that would declare a property abandoned by definition and a list of criteria; if the properly is declared. abandoned the Certificate of Occupancy would be revoked for that property. In order to get a new Certificate of Occupancy (to occupy the property) a Building Code inspection would have to be performed and the property would have to meet those standards. Correction actions may be required, which can either be completed or escrowed. prior to issuance of a new Certificate of Occupancy. A fee for the issuance of a new Certificate of Occupancy and the inspection will be discussed at the second reading of the Ordinance. RECOMMENDATION: Staff recommends setting a Public Hearing on October 27, 2008 at approximately 7:00 pm for the 2°d Reading and approving the Ordinance as presented.. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1559, there being an ample amount of copies available to the public. Move to establish the 2°d Reading of Ordinance No. 1559 for Monday, October 27, 2008, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Pro osed Ordinance 1559 COUNCIL ACTION 152 Ordinance No. 1559 AN ORDLANCE AMENDING THE CITY OF COLUMBL4 HEIGHTS CODE OF 2005 RELATING TO ABANDONED PROPERTY T he City of Columbia Heights does ordain: Chapter 5B. Abandoned Property Article 1. Purpose and Definitions Section l :Purpose. Abandoned buildings that are not maintained contribute to the detriment of neighborhoods, increase crime, and diminish property values of a city. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve housing by providing an orderly and effective way to insure compliance with housing codes and provide a system to increase concerns for health, safety and protection of the community. Section 2: Intent; Relation to the Provisions of Cites The City Council intends that the Abandoned Property Ordinance be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. 1. Abandoned Property.. The discontinued use or activity of a property for any reason, but excluding temporary interruptions during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. 2. Board of Appeals: The Columbia Heights City Council 3. Building: Any roofed structure that may provide shelter. 4. Certificate of Occupancy.. A document issued by the Building Official allowing for occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. 5. Code Official. The Code Official refers to the current city Building Official or designee. 6. Compliance Order: A document issued. to the owner of a property after a building code inspection that requires the correction of identified deficiencies or hazardous items. 7. Immediate Hazard: A condition, structural failure, or defect that is likely to cause immediate injury to a person or property if not corrected. 8. Proper-ty: Real estate, including any improvements therein.. 9. Renewal Fee: Fee paid for new Certificate of Occupancy, which includes related inspections. 10. Vandalize: To destroy or damage (property) maliciously Article 2: Determination of Abandoned Property Section 1: Investi ag tion• The Code Official, or designee, shall be responsible for the investigation of all properties or complaints concerning vacant or abandoned property. Section 2: Declaration of Abandoned Property,, The Code Official shall declare a property abandoned if the property is vacant and there is evidence of one or more of the following: a) Reoccurring City Abatement processes. 153 b) Building has been declared uninhabitable. c) Vandalized structures. d} Lack of exterior maintenance per Housing Maintenance Code standards. e) Repeated calls for service (police, fire, etc). f) Structural damage. g) Utility service shut off pursuant to delinquent billing/payments h} Property abandoned through Section 582.032 Subdivision 2 MN State Statute. Article 3: Certificate of Occupancy Section 1: Revocation of Certificate of Occupancy If a property is declared abandoned as defined in Article 2 Section 2 of this ordinance, the property's Certificate of Occupancy will be revoked, and the property will be posted to prevent occupancy. Section 2: Notification of revocation of Certificate of Occupancy. The city will make every effort to notify the current property owner; Real Estate Agent; Asset Manager; or any other individual known to the City that is involved in the transaction for sale of the property of these actions by way of US Mail and by posting the same on the property. Section 3: Building Code Inspection. Once the Certificate of Occupancy has been revoked for a property, a Building Code Inspection must take place prior to a new Certificate of Occupancy being issued. 1. The Building Code Inspection may result in corrective actions. A Compliance Order may be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter S.A. and the MN State Building Code as adopted. 2. The corrective actions must be completed and pass inspection by the Code Official in order to have a new Certificate of Occupancy issued for the property. 3. If corrective actions are not warranted a new Certificate of Occupancy will be issued by the Code Official. Section 4: Issuance of New Certificate of Occupancy with Cash Escrow. For corrective actions the city may issue a new Certificate of Occupancy if the buyer, seller or other responsible person has: 1. Executed an agreement with the city to complete the correction actions in a timely manner and 2. Deposited with the city a cash escrow equivalent to 110% of the estimated cost of corrections. a. If escrowed items contain immediate hazardous items, the Certificate of Occupancy will be withheld from the new property owner until these items are satisfactorily completed and inspected by the Code Official; until that time the building may not be occupied. Article 3: Administration Section 1: Application & Inspection 1. Application Required. The owner or owner's representative is required to make application for the issuance of a new Certificate of Occupancy, which would include the inspection by the Code Official. 2. Fee. At the time of issuance, the applicant for a new Certificate of Occupancy must pay a fee appropriate for the type of building as set forth by annual City Council resolution. 3. Inspection. Upon receipt of a properly executed application and payment of the fee, the Code Official will cause a property maintenance inspection to be made of the premises to ensure the property is in compliance with. applicable provisions of the City of Columbia Heights Property Maintenance Code Section S.A. and the Minnesota State Building Code as adopted. 154 4. Final Inspection. Upon completion of repairs or corrections made to the property per the Compliance Order, the property owner shall request the Code Official to conduct a final inspection, which may be combined with final building permit inspection, where required. Article 4: Appeals A person aggrieved by a Declaration of Abandoned Property or Compliance Order may appeal for relief from the action of the Code Official to the City of Columbia Heights Board of Appeals. The decision and order of the Board of Appeals shall be binding to all parties. Article 5: Violations and penalty Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this ordinance, upon conviction thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. Article 6: Effective Date This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second. Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 155 This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson- Mayor Attest: Patricia Muscovitz, CMC/ City Clerk 156 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: October 13, 2008 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Approval of a 21.5- foot front yard parking BY: Jeff Sargent, City Planner BY: r1`-' setback variance for 4301 Benjamin Street. DATE: October 8, 2008 % BACKGROUND: In the summer of 2008, the Church of All Nations upgraded the parking lot for the church located at 4301 Benjamin Street, by replacing the broken and crumbling asphalt with a concrete surface. During the resurfacing ofthe parking lot, the church also decided to remove a landscaped area adjacent to Benjamin Street and replace it with more parking stalls, in an effort to obtain more on-site parking. What the church did not realize is that removing the landscaped area and replacing it with parking was a violation of the City's Zoning Code. The need for additional on-site parking for the church is apparent, as the church has grown dramatically in membership over the last several years, with membership and worship attendance of nearly 250 people. At this time, the Church of All Nations is requesting a 21.5-foot front yard setback variance for parking per Code Section 9.109 (C). The hardship in this case is based on a large parking setback requirement for a church located in a residentially zoned area, coupled with the growing need for additional on-site parking. Churches are allowed in all zoning districts with a Conditional Use Permit. The underlying parking setback requirements for residential properties are proper for residential uses, but are restrictive for a church use that needs ample amount of on-site parking. RECOMMENDATION: The Planning and Zoning Commission held a Public Hearing for the request on October 7, 2008. They voted to recommend City Council approval of the variance with a 5-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-255, there being ample copies available to the public. Move to adopt Resolution No.2008-255, approving a 21.5-foot front yard parking setback variance for the Church. of All Nations located at 4301 Benjamin Street, subject to the conditions outlined in Resolution No. 2008-255. Attachments: Resolution !UU~S-LJJ; Y+L Memo; Locataon Map; J'ite flans COUNCIL ACTION: 157 RESOLUTION N0.2008-255 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THE CHURCH OF ALL NATIONS WI~REAS, a proposal (Case # 2008- l 001) has been submitted by the Church of All Nations to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4301 Benjamin Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2L5-foot front yard parking setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 7, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related. to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to tl~e provisions of this Ordinance would cause undue hardship. The conditions upon which the variance is based are unique to the specific parcel of land. involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. 158 Resolution No. 2008-255 P FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. The Church of All Nations shall submit a plan to restore the right-of--way and area between the property line and the approved parking setback with landscaping by June 1, 2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. Passed this ] 3`" day of October, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 159 CITY OF COLUMBIA HEIGHTS P~14NNING REPORT CASE NUMBER: 2008-1001 DATE: October 7, 2008 TO: Columbia Heights Planning Commission APPLICANT: Church of All Nations LOCATION: 4301 Benjamin Street REQUEST: Parking Setback Variance PREPARED BY: Jeff Sargent, City Planner INTRODUCTION In the summer of 2008, the Church of All Nations upgraded the parking lot for the church located at 4301 Benjamin Street, by replacing the broken and crumbling asphalt with a concrete surface. As part of the overall plan for the project, the Church of All Nations decided to reconfigure the parking lot by incorporating angled parking in an effort to create more much needed parking for parishioners. During the construction of the new parking lot, the church also decided to remove a landscaped area adjacent to Benjamin Street and replace it with more parking stalls, again in an effort to obtain more on-site parking. What the church did not realize is that removing the landscaped area and replacing it with parking was a violation of the City's Zoning Code. The need for additional on-site parking for the church is apparent, as the church has grown dramatically in membership over the last several years, with membership and worship attendance of nearly 250 people. At this time, the Church of All Nations is requesting a 21.5-foot front yard setback variance for parking per Code Section 9.109 (C). COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Institutional, which supports religious institutions. A variance to allow more parking on this site would be consistent with the intent of the Comprehensive Plan guiding of the area. City of Columbia Heights Planning Commission October 7, 2008 Church of All Nations Parking Setback Variance Case # 2008-1001 ZONING ORDINANCE The property located at 4301 Benjamin Street is zoned R-1, Single Family Residential and is also located with the Shoreland Overlay District of Silver Lake. All the properties in the immediate vicinity are also zoned R-1, with the exception of Silver Lake Beach located to the southeast. The R-1 District requires a 25-foot front yard parking setback. The Church of All Nations is proposing to add more parking at a setback equal to apre-established setback distance for other parking on the property. Because this pre-established distance is only 3.5 feet from the front property line, a 21.5-foot front yard parking setback variance is required in order for the church to obtain the additional parking they need. SHORELAND DISTRICT. The property at 4301 Benjamin Street is located within the Shoreland Overlay District of Silver Lake. The Shoreland Ordinance was established in order to help protect impaired waterways throughout the City of Columbia Heights. One way the ordinance accomplishes this is to require no more than 35% of a property be covered with hard surface materials. This ensures a low rate of rainwater runoff and helps reduce the amount of sediment entering the protected lakes. The Church of All Nations property is approximately 90,785 square feet in area, and prior to the construction of the new parking lot, had approximately 49,000 square feet of hard surfaces covering the lot. This equates to approximately 54% of the property covered with hard surface materials before the new parking lot was installed. Because of the cost of the concrete parking surface, the Church of All Nations was forced to slightly reduce the overall size of the parking lot. Even with the inclusion of the paved area that the church is requesting a variance for, the overall hard surface area on the property has been reduced. LANDSCAPING. The City of Columbia Heights received some concerns that the Church of All Nations had removed required landscaping abutting Benjamin Street. Upon inspection of the property, it was discovered that the church installed the concrete parking lot directly up to the curb along Benjamin Street. The City requires that all the setback areas be landscaped with sod and trees, and that the City right-of-way be landscaped as well. Originally, the Church of All Nations proposed using a concrete planter constructed of retaining wall bricks to serve as the required landscaping in the city right-of--way. This would be acost-savings approach because cutting up and removing the existing concrete would be too expensive for the church. City Engineer Kevin Hansen stated that this would not be a viable option however, as the contents within the proposed planter would infiltrate into the storm sewer during a rain event. Also, as the moisture in the planter expands during the freezing cycle, the planter would break apart. City Staff requires that the area between the curb line of Benjamin Street and the approved Page 2 161 City of Columbia Heights Planning Commission October 7, 2008 Church of All Nations Parking Setback Variance Case # 2008-1001 parking lot setback be landscaped in a manner approved by the City Engineer. STORMWATER MANAGEMENT. During the construction of the parking lot, the Rice Creek Watershed District (RCWD) contacted the Church of All Nations because of some concerns they had regarding stormwater management and rainwater runoff. Since that time, the Church of All Nations has worked with RCWD and resolved all their concerns. The City of Columbia Heights would like evidence that all requirements of RCWD have been fulfilled. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The hardship in this case is based on a large parking setback requirement for a church located in a residentially zoned area, coupled with the growing need for additional on-site parking. Churches are allowed in all zoning districts with a Conditional Use Permit. The underlying parking setback requirements for residential properties are proper for residential uses, but are restrictive for a church use that needs ample amount of on-site parking. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The parcel in question is in a residentially zoned area with a church use. The Church of All Nations is experiencing rapid membership growth, which requires more on-site parking. The majority of other parcels in the R-7 District do not have the same use of land to contend with. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship is caused by provisions of the ordinance, which require a larger parking setback than what would be found in other zoning districts for a church use. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 3 162 City of Columbia Heights Planning Commission October 7, 2008 Church of All Nations Parking Setback Variance Case # 2008-1001 The granting of the variance would support the use of the property as a church and the guidance of the property as an institutional use. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would create more on-site parking for the church. This would be beneficial to the surrounding area, as fewer vehicles would be parked on the street, causing less congestion. The requested setback variance will also reflect an existing established setback for parking on the property, so the degree of nonconformity will not be increasing. RECOMMENDATION Staff recommends approval of the variance request. The proposed setback for parking at 3.5 feet from the front property line is keeping inline with apre-established parking setback of the same distance. With a growing membership, the Church of All Nations needs more on-site parking, which the variance would allow for. This would allow parishioners to remain on-site and not park in the street. Motion: That the Planning Commission recommends that the City Council approve the variance to code section 9.109 (C), fora 21.5-foot front yard parking setback variance for the Church of All Nations located at 4301 Benjamin Street, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The Church of All Nations shall submit a plan to restore the right-of-way and area between the property line and the approved parking setback with landscaping by June 1, 2009. 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' - :_ "' ~ _ ~,.M ~ ° ~ x -£ - fir -' ~ ~ #' _ .. s „.- ., y - - _ ~ a+ yy.~ t t p ~ _ f ~. - ~~., .. ~ ¢ ~ ~ ~ _ s # °{ - "^ ~ ~,_ F .y~~ 4 ~ - , ~_. _ .pus ¢,w- ~ ~ °~ ~ _ ~ , ~~„ ~ _.~~ x d" ~y' 1 U { i~ -, t~ I .. ~y 1 a t. ~. ,ifs ~~,, ~ '`' ~ ,; r ~ r' r P# ~ ~! ~,~'~ ~ t~ ~ ~~~;~ e ~ ~~~ xk S ~ ~' a.y r i ~ ca ~ +t i-~~ 1 ~ ~7~I r. a '.-/ ~ . s,r yyy ~t S ~ ~ i i P t t3 1 ,' I ) Ik ml i~ C b ~ ~'. -v~~ t' .:,p. ~ t JI a~ riz ~, ~ ~- r~~ E ?~L } ~. Wallung Huznbiy Micah 6:8 218°' General Assembly of the PCUSA Worship Seavice -June 24, 2od8 Jin S. Kitn, Pastor, Church of Ali Nations, Minneapolis I want to tlnaznk God and our wonderful Presbyterian family for giving me the honor of preaching at this august assembly far the second tune in four years. I have been asked to preach particularly on the theme of walkizig humbly with our God from Micah 6:8. God has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God? The Birth of a Multicultural Church One of the reasons I was asked to preach is to share with you the amazing things that have been happening at Church of All Nations in Minneapolis, MN, the congregation I am so privileged to lead. In January of 2004 a group of mostly second generation Cluistians of a Korean immigrant church in the Twin Cities was blessed by our "mother church" to launch a multicultural community called Church of All Nations. We were chartered with great fanfaz•e, but no one knew if a hundred mostly young Korean-Americans could actually become a Church of All Nations; many thought the name was a bit premature, if not presumptuous. Today, we have an adult membership and worship attendance of about 250. We are currently 32% Asian, 37% white, 20% black, and 10% Latino, with aver 20 nations represented in our membership. Our pastoral and teaching staff includes people who hail from Korea, Kenya, Sudan, Brazil, Japan and the US (both Eura- and African Azxaerican). Our session also reflects the major racial etlnznic groups of our congregation. We are one of a handful of congregations in the US with no ethnic majority and sizable groups of the four major racial categories of white, black, Asian and Latino. But we actually have even snore denominational diversity than ethziic diversity, and draw as many Catholics, Episcopalians and Lutherans as we do Pentecostals, Baptists and Evangelical Free. , Oi~r highly visible coznznitment to ecumenical unity may be one reason wlny most of our new members have no Presbyterian background. We seem to draw equal numbers of "evangelicals" and "progressives," Republicans and Deznocz~ats, traditionalists and dreamers, and a lot of what I call "posts" -those who see themselves as post-modern, post-ideological, past-denominational, post-foundationalist, post-znissional and past-emergent -we're even post-trendy. From the beginning, the crafting and nurturing of our congregational identity v~=as seen as paramount. Our central mission is to do tine znninistry of reconciliation, and it is happening in alI kinds of wonderful ways here. N'or iznstance, in January of 2006 we moved frann our "mother church" to a declining wlnite PCUSA congregation founded in 1884 called the Shiloh Bethany Presbyterian Church in an urban suburb called Columbia Heights. Seven months later Shiloh Bethany had a congregational dissolution and all of their members became members of Church of All Nations, handing us the keys and the title to the building. 170 Reason fnr request In February of 2008, the Columbia I-ieights Fire Department inspected Church of All Nations and deemed the church to be in violation for having an unsafe parking lat. Potholes needed to be filled and emergency vehicles needed access without obstrudion. By God's grace, Church of All Nations received a building improvement loan from the Presbyterian Church (U.S.A.} to fix our leaking roof and repair the parking lot. At the same time, a member of our church volunteered to help lead our church izz laying a cement parking lot. With the rising cost of gasoline and asphalt, and with most of the labor coming from our own member volunteers, the cemezrt turned out to be the most cost-effective way to repair azld replace the parking lot. In 2006 the Church of All Nations merged with Shiloh Bethany Presbyterian Church in its current location. While the property was on a beautiful spot overlooking Silver Lake, years of deferred maintenance on the property created an overbearing burden on the small congregation. The Church of Ail Nations is a vibrant community representing people from over 20 nations, znauy denominational traditions, multiple generations and diverse socio-econaznic backgrounds. We are today 3?% white, 32% Asian, 20% black and I O% Latino, and we are committed to doing the ministry of reconciliation so that all God's people can learn to live together in love, harmony and mutual understanding. Only by Gad's grace and the goodwill of our diverse congregation have we been able to completely replace the roof, a 50 year a1d boiler, and the entire parking lot. We are a growing congregation committed to helping Columbia IIeights be a good, safe and prosperous place to live for all. At the same time that we replaced an asphalt parking lot that had turned into nothing more tlian mud over 50 years, we also laid new drain tiling and appropriate grading. The overall footprint of the parking lot is smaller as it has sluunk in overall size. We've achieved this by implementing none-way angled parking as opposed to the straight-in parking we used to have. We've stopped erosion of asphalt, rock and dirt that continued to go into the city park, the neighbor's yard, our basement and Silver Lake. At the end of our project, the Fire Inspector commented that he was surprised at how durable and safe the new parking lot seemed to be. While we covered aver some green space we previously had with concrete, we also removed part of the asphalt and created more green space that had not previously existed. So in terms of overall square footage, we zaow have more green space than we had before. Our parking lot is more environmentally responsible than ever before. In the past, we suffered from vandalism, theft, drug use, teenagers making out, and garbage-dumping in the back pant of the parking Iat which was overrun with branches and weeds. All of that has completely disappeared with the completion of our new parking lot, and we believe that the police can attest to that. In this time of declining property value, we have definitely contributed to the attzactiveness of Columbia Heights with our many significant improvements in safety, aesthetics and environmental stewardship. Our neighbors have literally gone from complaining about our parking lot to praising and thanking us for a job well done. The parking lot varies from code between our two exits (one far the turn-around and one for the one-way main parking lot}. We currently have a few spots in the city's right-of--way, and the variance we request is approximately a 15 ft setback variance from the road (we are currently working an marking the property lines}; the setback from the road should be 25 ft, and our planned green space would be approximately IO ft from the road. Where there was once green space, we converted the area into parking (handicap and standard) without knowing about the code restrictions; this was a change during the project and was not an intentional oversight of the 171 Building and Planning office. The previous green space varied from the code before the code was written. Our request is that we be allowed to return tlxe front portion of green space to the Iine that was established by the other green spaces (approzi~nately a IO ft setback) along Benjamin Street. We flan to add a retaining wail structure that will enhance the aesthetics of tl~e parking lot by having an incline with greenery to cover more of the lot from Benjamin Street traffic, .Also, since there is a sewer drain beside that space, we would like to offer to replace or repair any damage that needs to be done to that space if any sewage repair needs to occur in the future by the city. Church of All Nations is committed to being a helpful and constructive part of the increasingly diverse community that Columbia Heights, and indeed, all of America, is becoming. We sincerely request a respectful and mutually beneficial relationship with the city for the advancement of our life together. 172 ., 1 ..~, 173 CITY COUNCIL LETTER Meeting of October 13, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~` .' " Abatement `~ DATE: September 16, 2008 DATE: NO: 08-243 to 08-253 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-243 2008-244 2008-245 2008-246 2008-247 2008-249 2008-250 2008-251 2008-252 2008-253 1490 Lincoln Terrace 1308-10 Circle Terrace Blvd.. 1355-57 Circle Terrace Blvd. 1331-33 Circle Terrace Blvd. 1337-39 Circle Terrace Blvd. 4359 Arthur Street 4509 Fillmore Street 4621 6"' Street 4515-17 Fillmore Street 3810-12 3rd Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and. to waive the reading of Resolution Number 2008-243, 244, 245, 246, 247, 249, 250, 251, 252, and 253 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-243, 244, 245, 246, 247, 249, 250, 251., 252, and 253 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: r 174 RESOLUTION 2008-243 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 Nathan G. Lowrey (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1490 Lincoln Terrace N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 29, 2008 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that 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 1, 2008 a extension of time was requested by the homeowner and granted by the inspection office. 4. That on September 10, 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. 5. That on October 1, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 6. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace missing window on the overhead garage door B. Remove but holes not filled. Owner will be grading and sodding yard 7. 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 1490 Lincoln Terrace N.E. is in violation ofthe 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, 175 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 1490 Lincoln Terrace N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 176 RESOLUTION 2008-244 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 Mortgage Electronic Registration System (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-10 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on July 28, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 1, 2008 inspectors reinspected the properly and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the broken. windows That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1308-10 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. 177 ORDER OF COUNCIL 1. The property located at 1308-10 Circle Terrace Blvd. N.E.constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 178 RESOLUTION 2008-245 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September l 0, 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 That on July 28, 2008 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that six 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 October 1, 2008 inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace the missing storm window on the 1357 side B. Shall remove all areas of scrub growth C. Shall remove the branches in the yard D. Shall remove all outside storage E. Shall repair the loose siding on the west side F. Shall repair the chain link fence and gate in back 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1355-57 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth. in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served. notice of this hearing, 179 and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1355-57 Circle Terrace Blvd. N.E.constitutes anuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 180 RESOLUTION 2008-246 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 Adel M Hagazi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1331-33 Circle Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on September 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on July 28, 2008 an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that seven 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 October 2, 2008 inspectors reinspected the property and found that seven. violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers B. Shall repair the damaged screens C. Shall scrape and paint the trim on the garage D. Shall remove all/any outside storage from the property. E. Shall remove or clean up the garbage on the hill. behind the property F. Shall repair the shed from the back yard G. Shall replace or repair the soffit on the rear of the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1331-33 Circle Terrace Boulevard 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, 181 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 1331-33 Circle Terrace Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 182 RESOLUTION 2008-247 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 Deutsche Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1337-39 Cirlce Terrace Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 28, 2008 an inspection was conducted on the property listed. above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that six 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 October 2, 2008 inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the garage siding B. Shall replace the missing/damaged corners on the garage siding C. Shall remove all/any outside storage from the property. D. Shall repair the retaining wall in the front E. Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard F. Shall repair/replace the missing/damaged soffit on the south side That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located. at 1337-39 Circle Terrace Boulevard 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, 183 and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 1337-39 Circle Terrace Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 184 RESOLUTION 2008-249 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 Sherrill Harnden (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located. at 4359 Arthur Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 18, 2008 the Fire Department responded to a structure fire located at the address listed above. After the fire was extingiushed and an investigation was started it was later determined the house would have to be secured. The Fire Department contacted DuAll Resotration Services to secure the structure from entry. 2. That on September 29, 2008 the Fire Department was notified by DuAll Restoration company that bill for the board up was still outstanding. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 4359 Arthur Street 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 4359 Arthur Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4359 Arthur Street N.E.constitutes a nuisance pursuant to City Code. 185 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 186 RESOLUTION 2008-250 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 Bob Landucci (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4509 Fillmore Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 18, 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 13, 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 September 18, 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 October 3, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: A. Shall replace the broken glass on the front storm doors B. Shall repair the front storm door(s) on the building. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4509 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 187 ORDER OF COUNCIL The property located at 4509 Fillmore Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 188 RESOLUTION 2008-251 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 Timothy Pfleghaar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4621 6t" Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 18, 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 l 1, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 18, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected.. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 3, 2008 inspectors reinspected the property and found that one violation. remained uncorrected. 4, That based. upon said records of the Fire Department, the following conditions and. violations of City Codes(s) were found to exist, to wit: A. Shall remove the dead tree & tree stump in the _front yard_ to within 2-4 inches below ground level. 5, That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 4621 6`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 189 ORDER OF COUNCIL 1. The property located at 4621 6`" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 190 RESOLUTION 2008-252 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 Diane Mach (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4515-17 Fillmore Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 15, 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 11, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 15, 2008 inspectors re-inspected the property listed above. Inspectors noted that three 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 October 2, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair all/any torn screens on the house B. Shall repair the garage door that was hit by a car C. Shall repair the garage door that was hit by a car. 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 4515-17 Fillmore Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and 191 completed. ORDER OF COUNCIL 1. The property located at 451.5-17 Fillmore Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 192 RESOLUTION 2008-253 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 Bob Landucci (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 381.0-12 3`d Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 3, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 3, 2008 the Fire Department was at the property to check for long grass and found the property on the 3812 side unsecured. Due to all previous notifications to the property owner not being addressed the Fire Department contacted DuAll Restorageion Services to board up and secure the building to prevent unauthorized entry. 2. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 3810-12 3`d Street N.E. 3. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 3810-12 3`d Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3810-12 3`d 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. 193 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 194 CITY COUNCIL LETTER Meetin of October 13, 2008 AGENDA_ SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: OV AL APPR ~ ~ ITEM: Adopt Resolution For BY: Gary Gorman ~ ~ %! BY: ~~" ',~, Revocation DATE: September 16, 2008 DATE: NO: 08-232 to 08-242 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-232 2008-233 2008-234 2008-235 2008-236 2008-237 - 3816 Tyler Street - 4308 5`" Street - 5037-39 Jackson Street - 981. 43-1/2 Avenue - 941 45`n Avenue - 4323 3rd Street 2008-238 - 4960 7`" Street 2008-239 - 4975-77 Tyler Street 2008-240 - 3736 3rd Streeet 2008-241 - 4934 5`" Street 2008-242 - 1307-09 Circle Terrace Blvd.. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-232, 233, 234, 235, 236, 237, 238, 239, 240, 241, and 242 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-232, 233, 234, 235, 236, 237, 238, 239, 240, 241, and 242 being Resolutions of the City Council of the City of Columbia Neights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 195 RESOLUTION 2008-232 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by William Dumpman (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3816 Tyler Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section. SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held. on October 13, 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 September 1 I, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 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- wn: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 08-NEW-3816 is hereby revoked; The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first 196 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 197 RESOLUTION 2008-233 Resolution of the City Council for the City of Columbia I-Ieights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bobby Hardimon (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4308 5th Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 September 1 I, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License I-Iolder described herein and identified by license number 08-NEW-4308 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. A11 tenants shall remove themselves from the premises within 60 days from the first 198 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 199 RESOLUTION 2008-234 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Bette Harlan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5037-39 Jackson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 18, 2008 of an public hearing to be held on October 13, 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 13, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed. on the Rental Housing License. Application. 2. That on September 18, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 3, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shall scrape and paint the peeling paint on the shed door 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8966G 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 200 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk tot RESOLUTION 2008-235 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.408(A) of that certain residential rental license held by Shah Khan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 981 43-1/2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action. contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October l 3, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 3, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 25, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 1, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall install a Fire Department approved lock box on the exterior of the building. 5. That ail parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9038 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. 202 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 203 RESOLUTION 2008-236 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthat certain residential rental license held by Jose Valdez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 941 45t" Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 September 11, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 08-NEW-941 is hereby revoked.; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first 204 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CHIC City Clerk 205 RESOLUTION 2008-23'7 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Luis Moncadl (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4323 3`d Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 September 11, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 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- wn: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 08-NEW-4323 is hereby revoked.; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first 206 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk Zoe RESOLUTION 2008-238 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Washingotn Mutual (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4960 7t" Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 September 1 1, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article IIl SA.306 and. SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 08-NEW-4960 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shalt remove themselves from the premises within 60 days from the first Zos day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Ca11: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 209 RESOLUTION 2008-239 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Chris Cornelius (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4975-77 Tyler Street N.E. Colwnbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 18, 2008 of an public hearing to be held on October 13, 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 5, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 18, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 3, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Shall repair the door closer on the front door of 4977 storm door. b. Shall repair the holes in the basement bedroom doors and replace the missing bedroom door c. Shall replace the carpet in the basement hallway 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9131 is hereby revoked. 2, The City will post for the purpose of preventing occupancy a copy of this order on 210 the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 211 RESOLUTION 2008-240 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Wade Klick (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3736 Std Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 14, 2008 inspectors for the City of Columbia Heights, inspected. the property described above and noted six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 25, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular snail to the owner at the address listed on the rental housing license application. 3. That on October 1, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that six violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Down -Shall repair the screen door closer b. Down -Shall find the source of the water leak that is damaging the bathroom ceiling c. Down -Shall repair the water damaged bathroom ceiling d. Down -Shall repair the plugged/backed up laundry room floor drain e. Down -Shall remove the scrub growth from around. the foundation and fence areas £ Shall clean the gutters that have seedlings growing out of them 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article IlI SA.306 and SA.303(A). ORDER OF COUNCIL 212 The rental license belonging to the License Holder described herein and identified by license number F8906 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 213 RESOLUTION 2008-241 Resolution. of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.408(A) of that certain residential rental license held by Inter Savings Bank (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4934 St" Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 25, 2008 of an public hearing to be held on October 13, 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 September 11, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 25, 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: ao Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 08-NEW-4934 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 214 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 215 RESOLUTION 2008-242 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1307-09 Circle Terrace Blvd. N.E., Cohimbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 16, 2008 of an public hearing to be held on October 13, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 28, 2008 inspectors for the City of Columbia Heights, inspected the property described. above and noted four violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 16, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 1, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall remove all areas of scrub growth 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified. by license number F8790 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 216 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 217 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: October 13, 2008 AGENDA SECTION: BID ORIGINATING DEPARTMENT: CITY MANAGER CONSIDERATION PUBLIC WORKS ITEM: ACCEPTING BIDS AND BY: EDS/Walt Fehst BY: ~'`" ~ ~.~ AWARDING CONTRACTS FOR PUBLIC DATE: October 13, 2008 DATE. SAFETY CENTER, PHASE 2 - CONCRETE,PRECAST,STRUCTURAL STEEL Background: On July 14, 2008 the City Counci] authorized EDS Builders to advertise for bids for the Columbia Heights Public Safety Center, Phase 2, Concrete, Precast, and Structural Steel. Bids were broken into three separate divisions: CH2-03-1 Concrete-Labor and Material; CH2-03-2 Precast Concrete Hollow Core Planks -Labor and Material; and CH2-OS-1 Structural Steel, Metals, Miscellaneous Metals - Labor and Material. Bids were received and publicly read aloud at the October 9, 2008 bid opening. A detailed copy of the complete bid tabulation will be handed out at the meeting. Analysis/Conclusions: The City Manager, along with City staff met with Buetow and Associates and EDS Builders to review the bids and alternates for final recommendation to the City Council. Attached is the final recommendation letter from EDS Builders dated Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-03-1 to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-03-2 to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid to CH2-OS-1 to in the amount of $ and accept Alternates as listed for a total contract award of $ ;and., furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: 218 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 13, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ,r~ ITEM: Adopt Resolution 2008-229, Approving BY: Sheila Cartney BY: f the Acquisition of Property Located at 4647 DATE: September 30, 2008 ~ 2'L~~~ Polk Street BACKGROUND: The property located at 4647 Polk Street N.E. has an existing 800 square foot single family home that was built in 1948. There is also an existing garage that is 352 square feet, built in 1956. The house has been used for rental property and has been minimally maintained. Internal and external maintenance/improvements is necessary. The house is situated on a double lot 90x128 and has a legal. description of two lots, since it has a description of two lots it can be subdivided into two lots at a later date. This property is located in the Sheffield redevelopment area; and the police department is currently focused on crime reduction in this area. Based. on Council direction staff made an offer on this property. Anoka County has the house valued at $155,300 and the original listing price was $129,900; staff has secured a purchase price of $70,000 plus closing costs. The funding source for this purchase will be from the Sheffield Redevelopment fund, Currently this fund has a balance of $569,953. If the Council desires to purchase this property, the council should. develop a policy for the reuse, the following are some options for the Council to discuss: 1) Demolition of the site and sell the property as two single family lots 2) Sell. the property to the Two Rivers Community Land Trust 3) Work with GMHC 4) Use the property for a temporary public use RECOMIVIENDATION: Staff recommends Adoption of Resolution 2008-229, Approving Acquisition of Property located at 4647 Polk Street NE. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2008-229, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-229, a Resolution Approving the Acquisition of Property located at 4647 Polk Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution, Pm°chase A reement, Photo o site COUNCIL ACTION 219 RESOLUTION 2008-229 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4647 POLK STREET WHEREAS, the City has found that there exists conditions of deterioration, and substandard structure, in need. of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area: and WHEREAS, the City has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Realty Executives Top Producers (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 4647 Polk Street NE between the City of Columbia Heights and ReMax Associates and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $70,000.00 plus all ancillary costs associated with closing. 2. The City Council hereby authorizes the staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Sheffield Redevelopment Fund. CITY OF COLUMBIA HEIGHTS Passed this day of , 2008 Offered By: Second By: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ZZo Specialists PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2007 Minnesota Association of REALTORS®, Edina, MN Date September 29, 2008 2. Page 1 of 3. RECEIVED OF City of Columbia Heights 4. 5. the sum of Dollars ($ 6. by^ CHECK ^ CASH ^ NOTE as earnest money to be deposited upon acceptance of Purchase ------------------(Check one.}------------------ 7. Agreement by all parties, on or before the third business day after acceptance, in the trust account of listing 8. broker, unless otherwise agreed to in writing, but to be returned to Buyer if Purchase Agreement is not accepted 9. by Seller. Said earnest money is part payment for the purchase of the property located at: 10. Street Address: 4647 Polk street NE 11. City of Columbia Heights County of Anoka , 12. State of Minnesota, legally described as Lots 25 ~ 26 Bik 1 Sheffieids Second Sub, Subj to Ease of 13. Reo 14. - 15. including all fixtures on the following property, if any, owned by Seller and used and located on said property, 16. including but not limited to garden bulbs, plants, shrubs and trees; storm sash, storm doors, screens and awnings; 17. window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs; plumbing 18. fixtures, water heater, heating plants (with any burners, non-fuel tanks, stokers and other equipment used in connection 19. therewith), built-in air-conditioning equipment, electronic air filter, water softener ^ OWNED ^ RENTED ^x NONE, -----------------------(Check one.)---------------------- 20. built-in humidifier and dehumidifier, liquid fuel tank(s) ^ OWNED ^ RENTED ^x NONE and controls (if the --------------------------(Check one.)-------------------------- 21. property of Seller), sump pump; attached television antenna, cable TV jacks and wiring; BUILT-INS: dishwashers, 22. garbage disposals, trash compactors, ovens, cook-top stoves, microwave ovens, hood fans, intercoms; 23. ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 24. heatilators; AND the following personal property: none 25 26. 27. all of which property Seller has this day agreed to sell to Buyer for sum of ($ $70 000.00 ) 28, Seventy thousand Dollars, 29. which Buyer agrees to pay in the following manner: 30 31 32 Cash of at least 100.000 percent (%) of the sale price, which includes the earnest money; PLUS Financing, the total amount secured against this property to fund this purchase, not to exceed percent (%) of the sale price. 33. Such financing shall be (check one) ^ a first mortgage; ^ a contract for deed; or ^ a first mortgage with 34. subordinate financing, as described in the attached Addendum: 35. ^ Conventional ^ FHA ^ DVA ^ Assumption ^ Contract for Deed ®Other: cash -----------------------------------------_-__-----------------(Check one.)______--------------- 36. The date of closing shall be October 23 , 2008 37. This Purchase Agreement ^ IS ^x IS NOT subject to a Contingency Addendum for sale of Buyer's property. ----(Check one.)------ 38. (If answer is IS, see attached Addendum.) 39. (If answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing 40. is applicable.) MN:PA-1 (8/07) RE/MAX Specialists ~49It1 fiighwac al N. White Bear Lake. MN 551 I0 Phone: Faz. 467 Polk St Brian Olson Produced wifh Zip Form TM' by RE FormsNet, LLC 18070 Frfteen Mile Road, Fraser, Michigan 48026 www.zioform.com 221 Specialists PURCHASE AGREEMENT 4647 Polk Street NE 41. Address Columbia Heights , 42. Page 2 Date September 29, 2008 43. This Purchase Agreement ^ IS ®IS NOT subject to cancellation of a previously written purchase agreement ---(Check one.)--- 44. dated , 45. (If answer is IS, said cancellation shall be obtained no later than If 46. said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 47. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 48. hereunder to be refunded to Buyer.) 49. Buyer has been made aware of the availability of property inspections. Buyer ^ Elects ~ Declines to have a -----------(Check one.)------------- 50. property inspection performed at Buyer's expense. 51. This Purchase Agreement ^ IS ^x IS NOT subject to an Inspection Contingency Addendum. ----(Check one.)---- 52. (If answer is IS, see attached Addendum.) 53. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a 54. ^x Warranty Deed or ^ Other: 55 56 57 58 59 60 61 one.)----_-__-_------------------- Deed joined in by spouse, if any, conveying marketable title, subject to (a) building and zoning laws, ordinances, and state and federal regulations; (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; (c) reservation of any mineral rights by the State of Minnesota; (d) utility and drainage easements which do not interfere with existing improvements; (e) rights of tenants as follows (unless specified, not subject to tenancies) and 62. (f) others (must be specified in writing): 63 64 65 66 67 68. ^ BUYER SHALL PAY Ox SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green --------------------(Check one.)----------------------- 69. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 70. ^ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ~ SELLER SHALL PAY ON ------------------------------ ------------------------(Check one.)--------__------------------------------------------ 71. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 72. payable in the year of closing. 73. ^ BUYER SHALL ASSUME ®SELLER SHALL PAY on date of closing all other special assessments levied as -------------------------(Check one.)----_------------------ 74. of the date of this Purchase Agreement. 75. ^ BUYER SHALL ASSUME ~x SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as 76. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 77. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments or 78. less, as required by Buyer's lender.) 79. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 80. which is not otherwise herein provided. MN:PA-2 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipform.com 4647 folk St 222 PURCHASE AGREEMENT 464'7 Polk Street NE `~' ~JeCIaSIStS 81. Address Columbia Heights, 82. Page 3 Date september 29, 2008 83. As of the date of this Purchase Agreement, Seller represents that Seller ^ HAS Qx HAS NOT received a natice -----(Check one.)----- 84. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 85. against the property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 86. shall be provided to Buyer immediately. If such notice is issued after the date of this Purchase Agreement and on 87. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 88. for the payment of or assume the special assessments. In the absence of such agreement, either party may declare 89. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 90. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 91. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 92. directing all earnest money paid hereunder to be refunded to Buyer. 93. Buyer shall pay ~ PRORATED FROM DAY OF CLOSING ^ 12ths OF ^ ALL ^ NO real estate taxes due --------------------------------------------------------(Check one.1-'----------------------------------------------------------- 94. and payable in the year 20 08 95. Seller shall pay ~ PRORATED TO DAY OF CLOSING ^ 12ths OF ~ ALL ^ NO real estate taxes due 96. payable in the year 20 08 . If the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted 97. to the new closing date. Seller warrants taxes due and payable in the year 2008 shall be ~ FULL- ^ PART- ^ NON- ----------------fCheck one.)------------------ 98. homestead classification. 99. If part- or non-homestead classification is checked, Seller agrees to pay Buyer at closing $ 100. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes 101. when they become due and payable. Buyer shall pay real estate taxes due and payable in the year following closing 102. and thereafter, the payment of which is not otherwise herein provided. No representations are made concerning the 103. amount of subsequent real estate taxes. 104. POSSESSION: Seller shall deliver possession of the property no later than October 23 , 2008 after closing. 105. All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and natural gas shall 106. be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of fuel oil or liquid 107. petroleum gas on the day of closing, at the rate of the last fill by Seller. Seller agrees to remove ALL DEBRIS AND 108. ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. 109. TITLE AND EXAMINATION: Within a reasonable time period after acceptance of this Purchase Agreement, Seller 110. shall provide one of the following title evidence options, at Seller's selection, which shall include proper searches 111. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer 112. or Buyer's designated title service provider: 113. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed 114. to write title insurance in Minnesota as selected by Buyer. Seller shall be responsible for the title search and 115. exam costs related to the commitment. Buyer shall be responsible for all additional costs related to the issuance 116. of the title insurance policy(ies) including but not limited to the premium(s), Buyer's name search and plat 117. drawing, if any. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, if in 118. Seller's possession or control, for this property to Buyer or Buyer's designated title service provider. 119. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract (RPA) certified to 120. date if Registered (Torrens) property. Seller shall pay for the abstracting or RPA costs and surrender any 121. abstract for this property in Seller's possession or control to Buyer or Buyer's designated title service provider. 122. If property is Abstract and Seller does not have an Abstract of Title, Option (1) will automatically apply. 123. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not 124. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable, or in 125. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30-day extension, Buyer 126. and Seller may, by mutual agreement, further extend the closing date. Lacking such extension, either party may declare 127. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 128. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 129. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 130. directing all earnest money paid hereunder to be refunded to Buyer. MN:PA-3 (8/07) Produced with ZipFormTM by RE FormsNet, LLC 18070 Fifteen Mile RQ~~ Fraser, Michigan 48026 www.zioform.com 4647 Polk St Specialists PURCHASE AGREEMENT 131. Page 4 132. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 133. all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description 134. of the real property to be conveyed has been or shall be approved for recording as of the date of closing. Seller warrants 135. that the buildings are or shall be constructed entirely within the boundary lines of the property. Seller warrants that 136. there is a right of access to the property from a public right-of-way. These warranties shall survive the delivery of the 137. deed or contract for deed. 138. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures 139. or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or 140. repair of any structure on, or improvement to, the property. 141. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation proceedings, 142. or violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller warrants that 143. Seller has not received any notice from any person or authority as to a breach of the covenants. Any such notices 144. received by Seller shall be provided to Buyer immediately. 145. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to 146. herein. 147. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing for any 148. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property 149. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 150. by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase Agreement, 151. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 152. directing all earnest money paid hereunder to be refunded to Buyer. 153. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 154. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed 155. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written or 156. oral agreements between Seller and Buyer. This Purchase Agreement can be modified or canceled only in writing 157. signed by Seller and Buyer or by operation of law. All monetary sums are deemed to be United States currency for 158. purposes of this Purchase Agreement. Buyer or Seller may be required to pay certain closing costs, which may effectively 159. increase the cash outlay at closing or reduce the proceeds from the sale. 160. ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy must be 161. delivered. 162. DEFAULT: If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement 163. under the provisions of MN Statute 559.21. If either Buyer or Seller defaults in any of the agreements hereunder or 164. there exists an unfulfilled condition after the date specified for fulfillment, either party may cancel this Purchase 165. Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that this Purchase Agreement i5 166. canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 559.217, 167. Subd. 4. 168. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 169. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 170. specific performance, such action must be commenced within six months after such right of action arises. 171. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 172. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 173. by contacting the local law enforcement offices in the community where the property is located or the Minnesota 174. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 175. www.corr.state.mn.us. MN:PA-4 (8107) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4647 Polk St 224 PURCHASE AGREEMENT 2CIc'4~IStS 4647 Polk Street NE ~ 176. Address Columbia Heights , 177. Page 5 Date September 29, 2008 178. ENVIRONMENTAL CONCERNS: To the best of Seller's knowledge, there are no hazardous substances or underground 179. storage tanks except herein noted: 180 181 182 183 184 185 186 187 188 189. (Check appropriate boxes.) 190. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 191. CITY SEWER ^x YES ^ NO /CITY WATER ^x YES ^ NO 192. PRIVATE SEWER SYSTEM 193. SELLER CERTIFIES THAT SELLER ^ DOES ^x DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON OR --------------(Check one J------- 194. SERVING THE PROPERTY. (If answer is DOES, see Private Sewer System Disclosure Statement.) 195. PRIVATE WELL 196. SELLER CERTIFIES THAT SELLER ^ DOES ~ DOES NOT KNOW OF A WELL ON OR SERVING THE --------------- Check one. 197. PROPERTY. (If answer is DOES and well is located on the property, see Well Disclosure Statement.) 198. THIS PURCHASE AGREEMENT ^ IS ^ IS NOT SUBJECT TO A PRIVATE SEWER AND WELL INSPECTION ---------(Check one.)---- 199. CONTINGENCY ADDENDUM. (If answer is IS, see attached Addendum.) 200. IF A WELL OR PRIVATE SEWER SYSTEM EXISTS ON THE PROPERTY, BUYER HAS RECEIVED A WELL 201. DISCLOSURE STATEMENT AND/OR A PRIVATE SEWER SYSTEM DISCLOSURE STATEMENT. 202. 203. Brian N Olson (Licensee) 204. Re/Max Specialists (Real Estate Company Name} 205, (Licensee) 206. NOTICE is ^x Seller's Agent ^ Buyer's Agent ^ Dual Agent ~ Facilitator. -------------------------------------------------(Check one.)------------------------------------------------- is ^ Seller's Agent ^ Buyer's Agent ^ Dual Agent ^ Facilitator. ------------------------------------------------(Check one.)------------------------------------------------° (Real Estate Company Name) 207. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8/07) Produced with ZipFormT"' by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48028 www.zioform.com 4647 Polk St 225 Specialists PURCHASE AGREEMENT 4647 Polk Street NE 208. Address Columbia Heights , 209. Page 6 Date September 29, 2008 210. SELLER WARRANTS THAT CENTRAL AIR-CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED 211. AND LOCATED ON SAID PROPERTY SHALL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS 212. NOTED IN THIS PURCHASE AGREEMENT. 213. BUYER HAS THE RIGHT TO AWALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 214. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 215. THIS PURCHASE AGREEMENT. 216. BUYER Qx HAS ^ HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A --------------(Check one.)-°~----- 217. SELLER'S DISCLOSURE ALTERNATIVES FORM. 218. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. SELLER AGREES TO 219. NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM ANY PRIOR 220. REPRESENTATIONS REGARDING THE PROPERTY. 221. IN THE EVENT A SELLER'S DISCLOSURE ALTERNATIVES FORM IS USED IN THIS TRANSACTION, DISREGARD 222. LINES 223 THROUGH 228. 223. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE 224. PROBLEMS OF WATER IN BASEMENT OR DAMAGE CAUSED BY WATER ICE OR ICE BUILDUP ON ROOF OF 225. THE PROPERTY, AND BUYER RELIES SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY 226. SELLER. 227. SELLER ^ HAS ~ HAS NOT HAD A WET BASEMENT AND ^ HAS ~ HAS NOT HAD ROOF, WALL OR ------------(Check one.)-------- ------------(Check one.)------ 228. CEILING DAMAGE CAUSED BY WATER OR ICE BUILDUP. 229. DUAL AGENCY REPRESENTATION 230. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 231.Ox Dual Agency representation DOES NOT apply in this transaction. Disregard lines 232-248. 232. ^ Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 233-248. 233. Broker represents both the Seller(s) and the Buyer(s) of the property involved in this transaction, which creates a 234. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 235. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 236. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 237. Seller(s) and Buyer(s) acknowledge that 238. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 239. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 240. information will be shared; 241. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 242. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 243. the sale. 244. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 245. and its salesperson to act as dual agents in this transaction. 246. Seller 247. Seller 248. Date Buyer City of Columbia Heights Buyer Date MN:PA-6 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4647 Polk. St 226 Specialists PURCHASE AGREEMENT 4647 Polk Street NE 249. Address Columbia Heights , 250. Page 7 Date September 29, 2008 251. OTHER: Subiect to Columbia Heights Counoil Approval. 252. 253 254. 255. Other addenda may be attached which are made a part of this Purchase Agreement. (Enter total number of pages of 256. this Purchase Agreement, including addenda, on line two (2) of page one (1).) 257. I, the owner of the property, accept this Purchase I agree to purchase the property for the price and on 258. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above. 259. said property from the market, unless instructed 1 have reviewed all pages of this Purchase 260. otherwise in writing. Agreement. 261. 1 have reviewed all pages of this Purchase Agreement. 262. ^ If checked, this Purchase Agreement is subject to 263. attached Counteroffer Addendum. 264. X X (Seller's Signature) (Date) (Buyer's Signature} (Date) 265.X HendricTUe Dos Anios X City of Columbia Heights (Seller's Printed Name) (Buyer's Printed Name) 266. X X (Marital Status) (Marital Status) 267. X X (Seller's Signature) (Date) (Buyer's Signature) (Date) 268. X X (Seller's Printed Name) (Buyer's Printed Name) 269. X X (Marital Status) (Marital Status) 270. FINAL ACCEPTANCE DATE 271. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 272. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 273. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION 274. DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, WHICH IS AN OPTIONAL, 275. VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT. 276. SELLER(S) BUYER(S) Hendrique Dos Anjo City of Columbia Heights 277. SELLER(S) BUYER(S) MN:PA-7 (8/07) Produced with ZipFormT"" by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioform.com 4647 Polk St 227 ~' .. ~ ~~ ~ ~,~ ICI nSC ~~I,JI. ~f ~ U71/ 1~:~ ~7 err _~ ~ _ ~ { ~~ ~ ,~1 _ ~ ~ , _;- r ,. ~ :r... :-_ _,. .; _, .',M Y t t ifi • ~ _.. . i .~ ~ ~ j ..q~. -::.:. £ y ~I _ 5+ a ~-~- 2 ~,~~ ~.3 ` P ~,L; ~ Lei ~~ o~~~,%~? ~ a~I'Oo ~ ~ ~ :~ - ' ~ ~. ,~ ~~ ~. ~ . ~ ~ - ,~ , . } ~ ~_ ~.r ~~ µ ~~ .. ; ~ "'~ P r ~. Y` '"~ ',' A~ ` ~ z ~ ~ iib '~" k / FL it N ` - , t„ . ~Y% .+r' ._ ~ k ~ ~ - ~ ; ~ uJ S ': - ,. .. 4b ~' ':: . i . 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REMOVE -MOTION: Move to adopt Resolution Number 2008-234, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Bette Harlan regarding rental property at 5037-39 Jackson Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-240, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Wade Klick regarding rental property at 3736 3~d Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-235, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Shah Khan regarding rental property at 981 43-1/2 Avenue N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-232, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by William Pullman regarding rental property at 3816 Tyler Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-241, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Inter Savings Bank regarding rental property at 4934 5th Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-237, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408~A) of the rental license held by Luis Moncada regarding rental property at 4323 3r Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-239, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Chris Cornelius regarding rental property at 4975-4977 Tyler Street N.E. REMOVE -MOTION: Move to adopt Resolution Number 2008-251 being a resolution of the City Council of the City of Columbia Heights declaring the property listed at 4621 6th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. REMOVE -MOTION: Move to adopt Resolution Number 2008-244 being a resolution of the City Council of the City of Columbia Heights declaring the property listed at 1308-10 Circle Terrece Bl~rtl. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: October 13, 2008 AGENDA SECTION: BIB ORIGINATING DEPARTMENT: CITY MANAGER CONSIDERATION PUBLIC WORKS ITEM: ACCEPTING BIDS AND BY: EDS/Walt Fehst BY: AWARDING CONTRACTS FOR PUBLIC DATE: October 13, 2008 DATE: SAFETY CENTER, PHASE 2 - CONCRETE,PRECAST,STRUCTURAL STEEL Background: On July 14, 2008 the City Council authorized EDS Builders to advertise for bids for the Columbia Heights Public Safety Center, Phase 2, Concrete, Precast, and Structural Steel. Bids were broken into three separate divisions: CH2-03-1 Concrete-Labor and Material; CH2-03-2 Precast Concrete Hollow Care Planks -Labor and Material; and CH2-OS-1 Structural Steel, Metals, Miscellaneous Metals - Labor and Material. Alternate #1 -Eliminate basement 031. Bids were received and publicly read aloud at the October 9, 2008 bid opening. A detailed copy of the cornpiete bid tabulation will be handed out at the meeting. Analysis/Conclusions: The City Manager, along with City staff met with Buetow and Associates anal EDS Builders to review the bids and alternates for final recommendation to the City Council. Attached is the final recommendation letter from EDS Builders dated October 13, 2008. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid for CH2-03-1 to Steenberg-Watrud Construction in the amount of $805,200.00 and reject Alternate 1 as listed for a total contract award of $805,200.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept the bid and award the contract far Columbia Heights Public Safety Center Phase 2, bid for CH2-03-2 to Molin Concrete Products Company in the amount of $335,795.00 and reject Alternate 1 as listed for a total contract award of $335,795.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Recommended Motion: Move to accept Red Cedar Steel Erectors, Inc. withdrawal of their bid CH2- OS-1, due to not being able to meet the supply and installation date as stated in Addendum #2. Recommended Motion: Move to accept the bid and award the contract for Columbia Heights Public Safety Center Phase 2, bid for CH2-OS-1 to Berggren Steel Fabricating, Inc. in the amount of $338,091.00 and reject Alternate 1 as listed for a total contract award of $338,091.00; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION: EDS Builders, Inc. COLUMBIA HEIGHTS PUBLIC SAFETY CENTER 404A Saint Croix Trail North BID PACKAGE 2 -CONCRETE, PRECAST, STRUCTURAL STEEL Lakeland, MN 55043 BID DATE: October 9, 2008 2:00 p.m. ~CH2 03-1 CONCRETE r-- CCIRITRACTflR B(D BOND Al~C} 1 ADCi 2 13,5`~ ~~Il' ~.;c: ~ It,. ' ~ _D GID L 11CT AtT. 1 - ~ -~[ P~ ~. ~ 10 GCtMMEh1TS _ _ ? ~ Ait-~t ja, ~Adolfson & Peterson K x x 890,700.00 {57,900.00} 832,800.00 ~ ~Crossfown Masonry ~;< x x 8 ~_ w ' 95,000.00 {35,000.00} 860,000.00 (Northland Concrete a x x x 845,300.Oq _. 47,500.00 ( ) 797,800.00 ~StellarConcret( ^' _ ~-'_'-- x: Ix x 906,000.00 - - {31,000.00} 875,000.00 ~ ' iPCLConstructian x x ' x 963 300 00 _ __ ______* __ __ __I ~ , . (57,376.00} 905,924.00 ~ - - ____ - Kremer & Davis I I---- ~ 0.00 Waterproofing Only Bid ~ ~ Kasella Concrete ~` x x x 808,100.00 (46,D00.00) 762,100.00 Marcy Construction I x x x 1,219,000,00 (29,000.00} 1,190,000,00 Alternate not indicated add or deduct Steenberg-Watrud x ~ x ~ x 805,200.00 36,560.00 t > _~ 768s4a.0o EDS Builders, Inc. 404A Saint Groix Trail North Lakeland, MN 55043 GH2-03-2 PRECAST GONGRETE HOLLOW CORE PLANKS ~~-----~~ COLUMBIA HEIGHTS PUBUG SAFETY CENTER BID PACKAGE2-GONCRETE,PREGAST,STRUCTURALSTEEL BID DATE: October 9, 2008 2:00 p.m. i c _a ~olin Concrete (Hanson Structural Precast i i ~_ SID BOND x x ADiJ f x x ADD 2 x ix SASE 335,795.00 373,970.00 '--_._ GC9MBINED .~ ALT. 1 {8,770.00} (9,287.00) Tt',1 !, ~ 3 ~r }F , ,!. 327,025.00 364,683A0 i ~iOMMEN~J Nat indicated it deduct County Materials i i i Iilr I ~_~ x x x 439,380.00 _ (8,400.00} 430,980.00 ~_ i i ~°'° i i i ..~ - _ ~~ ~~ ~ _" - -_. - - EDS Builders, Inc. 404A Saint Croix Trail Norkh Lakeland, MN 55043 COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 2 -CONCRETE, PRECAST, STRUCTURAL STEEL BID DATE: October 9, 2008 2:00 p.m. GHZ-05-1 STRUCTUAL STEEL, METALS, MISC. METALS ~~ ~ ~ ~I iT~AGTC~R BI[~ Bt'~ND ADD i ADD 2 BASE ~ .~y"r 'R~i ~~) BID ` u~ LEI ~ t '~~?~ ~ ~ ALT: 1 ~ TC' r,FL I i;~: , ~':,t f~ t 1N o - Gc7MMENT;a erggren Steal Fabricators x x .._._ ..._._.________ ___. ._ _ ._ _____ i i 338,091.00 ! ~~ na _._ ~s_ 338,091.00 ~________._7m.~_v___~ Cash Bid Band Bald Eagle Erectors x x x 481,600.00 j (5,700.00} 475,900.00 ___ _ Red Cedar Staei Erectors - x x - x 334,OOOAO ~ (1,800.00} 0.40 j Premier Construction x x x ~ 343,000.00 0.00 - 0.00 ----- -- i 0.00 L~~_ _ ~_ I__ ~ 0.00 - October 13, 2408 EI3S Builders Attn: Doc Smith RE: Columbia Heights Public Safety Center Please accept this letter as our official notice of withdrawing our bid on the above project. As we noted in our bid, we are unable to meet the supply and installation date required ( 11-I7-08 as indicated in Addendum #2) in your specs. VSTith respect and regards to your work schedule, we felt in the spirit of cooperation, that we would wil1fu11y withdraw our bid. Thanks fox the opportunity to work with you. Sincerely, ~" Elaine Hartung Corp Secretary ~~,,, / v.. `., .. '' i .-.',~ -. -. ?. ~~,-P .;.~~t_ .'.J ~h 1 _~ :Et~4 I !~,1.` '. I"I' ;C~' ~t ~ ~ ~~ ~ ~,~ / 404A Saint Croix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 ~-f 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 Phone: 651-998-0332 -~ Fax: 651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com October 10, 2008 To: Walt Fehst From: Doc Smith Project: Columbia Heights Public Safety Center 825 41St Avenue NE Columbia Heights, MN 55421 Description of where we are on the project: The site work is going very well. The water and sanitary are complete and are set to be tied into the building. The storm system is 90% complete and the rest will be installed as the retaining walls are being completed. Earthwork The basement is 100% complete and ready for footings. The parking lot is 80% complete. We will start on the retaining walls the week of October 13, 2008 The bid far Bid Package 2 was held October 9, 2008 Update on Budget: Major Changes: October 13, 2008 Award of bid for Bid Package #2. This Bid Package includes: Concrete, Precast, and Structural Steel. Bid Package 2 -was bid out October 9, 2008 at 2:00 p.m. CH2-03-1 Concrete CH2-03-2 Precast Concrete Hollow Core Planks CH2-05-1 Structural Steel, Metals, Misc. Metals We had a very good representation of contractors, eight concrete bids, the three precast contractors that service Minnesota, and four structural steel contractors. The bids came in under budget. See recommendation letter. TENTATIVE BID PAGKAGE 3 BIDDING SCHEDULE Plans Available the week of October 27, 2008. Pre-Bid Meeting November 11, 2008 Bid Date November 19, 2008 Partial award of Bid November 24, 2008 Balance of award of bid December 8, 2008 Bid Package 3 CH3-04-1 Masonry CH3-05-1 Misc. Metals/Ornamental Metals CH3-07-1 Roofing, Sheet Metal CH3-08-1 Apparatus Bay Doors, Garage Doors, Overhead Doors CH3-08-2 Aluminum Entrances, Storefront, Glass and Glazing, Aluminum Windows CH3-09-1 Rough Carpentry, Finish Carpentry, Wood and Metal Doors and Frames, Doar Hardware, Chalkboards, Markerboards and Tackboards, Casework, Metal Lockers, Miscellaneous Specialties, Flag Poles, Skylights CH3-09-2 Gypsum Board Systems and Metal Framing CH3-09-3 Ceramic and Porcelain Tile CH3-09-4 Resilient Flooring, Carpet CH3-09-5 Specialty Floors CH3-09-6 Suspended Acoustical Ceilings CH3-09-7 Painting CH3-14-1 Hydraulic Elevator CH3-15-1 Plumbing CH3-15-2 Mechanical, Temperature Control, Balancing CH3-15-3 Geothermal Drilling and Piping CH3-15-4 Fire Protection System CH3-16-1 Electrical and Fire Alarm Items to be bid out later: Firing Range Equipment Security Furniture, Fixtures, Equipment Data Telephone cc: Dave Olds, Buetow and Associates EDS Builders, Inc. 404A Saint Croix Trail North Lakeland, MN 55043 CH2 09-1 CONCRETE COLUMBIA HEIGHTS PUBLIC SAFETY CENTER BID PACKAGE 2 -CONCRETE, PRECAST, STRUCTURAL STEEL BID DATE: October 9, 2008 2:00 p.m. CONTRACTOR _ _ ~ ~ BID BOND AbD 1 ADD 2 BA6E B[D ~ l ~ COMBINED '81D DEDUCT AI.~" i TOTAL R#~OPOSED ~AMOUNT- CpMMENTS Adolfson & Peterson x x x 890,700.00 {57,900.00) 832,800.00 Crosstown Masonry x x x 895,000.00 (35,000.00) 860,000.00 Northland Concrete x x x 845,300.00 (47,500.00) 797,800.00 Stellar Concrete x x x 906,000.00 (31,000.00) 875,000.00 PCL Construction x x x 963,300.00 (57,376.00) 905,924.00 Kremer & Davis 0.00 Waterproofing Only Bid Kasella Concrete x x x 808,100.00 (46,000.00) 762,100.00 Marcy Construction x x x 1,219,000.00 (29,000.00} 1,190,000.00 Alternate not indicated add or deduct Steenberg-Watrud x x x 805,200.00 (36,560.00} 768,640.00 ' COLUMBIA HEIGHTS POLICE DEPARTMENT POLICY MANUAL ® ~~f~:E ~ * DRAFT TITLE: SELECTION GENERAL ORDER NUMBER: 300 REFERENCES: EFFECTIVE DATE: REVIEW DATE: DISTRIBUTION: The Columbia Heights Police Department and the Human Resources Department shall identify the authority and responsibility for the selection process, and establish principles and guidelines for the development of an efficient, effective, and fair selection process. 300:1 Professional and Legal 300:11 Rating Criteria The Department shall use only those rating criteria or minimum qualifications that are job related. 300:12 Selection Process All elements of the selection process shall be administered, scored, evaluated, and interpreted in a uniform manner. 300:121 At the time of formal application, candidates shall be informed in writing of: ^ All elements of the selection process; and • The expected duration of the selection process. 300:122 Selection Criteria ^ Candidate's applications and resumes will be reviewed to be sure that they meet the criteria set forth in the hiring standards. ^ Candidates far sworn officer positions shall take an approved written examination. • Candidates with the highest passing scores shall be interviewed by an interview panel. Whenever possible this panel shall include representatives from the Police Department, Human Resources, and interested community members. 300:13 Ineligible Candidates Candidates determined to be ineligible for appointment shall be informed in writing, specifying which portion(s) of the process caused the ineligibility. 300:1.31 Applications for candidates not appointed shall be retained for a period to be determined by the City's records retention schedule. 300:14 Storage of Selection Materials Selection materials shall be stored in a secure area. GENERAL ORDER: SELECTION * * DRAFT 300:2 Administrative Practices and Procedures 300:21 Background Investigation A background investigation of each candidate shall be conducted prior to appointment for all persannel. The background investigation shall include, at a minimum: Verification of qualifying credentials; A review of any criminal record; and Verification of at least three personal references. 300:221 Employees assigned to conduct background investigations shall be trained in collecting required information. 300:212 A record of each candidate's background investigation is maintained on file for a period to be determined by the City of Columbia Heights Human Resources Director. 300:22 Medical Examination A medical examination shall be conducted following a conditional job offer, and prior to appointment for licensed staff The results of the medical examination shall be maintained in a separate, confidential medical file. 300:23 Psychological Examination A psychological examination shall be conducted by a qualified professional following a conditional job offer, and prior to appointment for licensed staff. The results of the psychological examination shall be maintained in a separate, confidential medical file. PAGE 2 300:24 Probationary Period Successful candidates for new hire and promotions shall have a probatianary period of one year. BY ORDER OF: Scott Nadeau, Chief of Police