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November 10, 2008 Regular
CITY OF COLUMBIA HEIGHTS Mavor Garv L. Peterson 590 40`" Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers ~sitourwebsiteat: www.eiendztmdaicz-heefrdzts.n.zzs Robert A. u'i/liams Bruce Nawrocki Tammera Diehm Bruce Kel.enberg City Manaeer 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 Moncl<~y; Nov~~nbrYr I0, 200$ 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. Dave Briley, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGhTITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Homelessness Awareness Month p5 B. Proclamation -American Education Week p6 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve the minutes of the October 27 2008 City Council meeting. p7 MOTION: Move to approve the minutes of the October 27, 2008 City Council meeting. B. Approve minutes of the Octber 29 2008 emergenc~City Council meeting. pig MOTION: Move to approve the minutes of the October 29, 2008 emergency City Council meeting. C. Accept the minutes of Columbia Heights Boards and Commissions. MOTION: Move to accept the minutes ofthe HRA regular meeting ofApri122, 2008. pai MOTION: Move to accept the minutes of the Planning and Zoning Commission meeting of pa4 November 5, 2008. D. Adopt Resolution 2008-277 being a Resolution canvassing municipal general election returns. pas MOTION: Move to waive the reading of Resolution No. 2008-277, there being ample copies available to the public. City Council Agenda Monday, November 10, 2008 Page 2 of 4 MOTION: Move to adopt Resolution 2008-277, being a Resolution canvassing municipal general election returns. E. Adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Hei hg is regular City Council meeting. p31 MOTION: Move to waive the reading of Resolution No. 2007-279, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Heights regular City Council meeting. F. Approve the Transfer of Funds from the General Fund to the Police Department Bud eg t to p33 Reimburse the Overtime Fund re: Off-Duty Employment Assi n~; menu MOTION: Move to transfer the $735.84 received from ICC, the $984.57 received from Unique Thri$, the $709.56 received from CHHS, and the $131.40 received from James Kotten for a security detail at ICC for a total of $2,561.37 from the General Fund. to the Police Department 2008 Budget line item 1020, Police Overtime. G. Grant agreement with ISD #13 for After-School. Community Learning_Grant p43 MOTION: Move to waive the reading of Resolution No. 2008-273, there being ample copies available to the public. MOTION: Adopt Resolution No. 2008-273, being a resolution authorizing Execution of Agreement with Independent School District #13. H. Establish John P. Murzyn Hall rental rates for 2010 p49 MOTION: Move to adopt the 2010 John P. Murzyn Hali rental rates, as outlined by the Park and Recreation Commission at their meeting of October 28, 2008. L Approve agreement for printinP publishing and distributin the City newsletter. psi MOTION: Move to enter into an agreement with Nystrom Publishing for printing, publishing, and distributing the City newsletter based upon their proposal of $7,266.73 per issue for four publications in 2009 and four publications in 2010; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Adopt Resolution 2008-278, being a Resolution requestinP additional. time within which to psa complete the Comprehensive Plan Review. MOTION: Move to waive the reading of Resolution 2008-278, there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-278, being a resolution approving the request of additional time within which to complete the Comprehensive Plan review obligations for the City of Columbia Heights. K. Approval of the attached list of rental housing license applications in that they have met the ps4 requirements ofthe Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for November 10, 2008. L. Approve Business License Applications ps6 MOTION: Move to approve the items as listed on the business license agenda for November 10, City Council Agenda Monday, November 10, 2008 Page 3 of 4 2008 as presented regarding the licenses for 2008 and 2009. M. Approve payment of the bills. p59 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 127901 through Check Number 128102 in the amount of $1,213,907.23. 1`~~OTIOI`d: Move to approve the Conse..t Agenda ite~..s. 6. PUBLIC HEARINGS A. Adopt Resolutions 2008-274, 1731-33 37th Avenue N.E., and 2008-275, 4544-46 Fillmore_b_e_in Resolutions ofthe CitX Council of the City ofColumbia Hei hg is approving rental license P6$ 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 2008-274, and 2008-275, there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-274, and 2008-275, 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. B. Adopt Resolution 2008-276, 961 37th Avenue N.E., being a declaration of nuisance and abatement of violations within the City of Columbia Heights• p73 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-276, there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2008-276, being a resolution ofthe 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. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Readin og f Proposed Ordinance #2008-1559 Abandoned Property p76 MOTION: Move to waive the Reading of Ordinance No. 1559, there being an ample amount of copies available to the public. MOTION: Move to set a Public Hearing for the 2nd Reading of Ordinance No. 1559 for approximately 7:00 pm on November 24, 2008. B. Bid Considerations -none C. Other Business -none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items 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. City Council Agenda Monday, November ] 0, ?008 Page 4 of 4 10. COUNCIL CORNER 11. ADJOURIVIVIENT ~.. i,inda I~~vlagee, assistant to Human Resources Director LLM/pvm PROCLAMATION City of Columbia Heights Homelessness Awareness Month Whereas, the Anoka County Community Continuum of Care, along with the Heading Home committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2008, Be Part of Something BIG, l 51 Annual Community Challenge; and Whereas, the SLEEP OUT 2008 provides a unique opportunity for the City of Columbia Heights to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and Whereas, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and Whereas, it is essential that all citizens of Columbia Heights be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and Whereas, community partnerships, awareness, and the desire to provide warm, safe housing in our community. These are the important themes of the SLEEP OUT 2008, Be Part of Something BIG, 151 Annual Community Challenge. Now, therefore, I, Gary L. Peterson, Mayor of the City of Columbia Heights, on behalf of the Columbia Heights City Council, do hereby call upon all citizens of Columbia Heights to join the Anoka County Community Continuum of Care and Heading Home Anoka committee's in supporting The SLEEP OUT 2008, Be Part of Something BIG, 151 Annual Community Challenge during the month of November. Be it further resolved that the month of November is hereby proclaimed "Homelessness Awareness" month. in the City of Columbia Heights. Proclaimed this 101h day of November 2008. Mayor Gary L. Peterson City of Columbia Heights, Minnesota PROCLAMATION AMERICAN EDUCATION WEEK WHEREAS, the schools represent a major investment by any community; and WHEREAS, teachers are a most important part of our community' leadership; and WHEREAS, schools represent the best possible avenue of improving the quality of life in our country; and WHEREAS, involved citizens provide a most important facet in the community schools; and WHEREAS, there is a need for better communication and a more cooperative relationship between professional educators and the community. NOW, THEREFORE, I, Mayor Gary L. Peterson of the City of Columbia Heights do hereby proclaim November 16-23, 2008, to be: A-.MRICA~N DUCAI®N WEEK and urge all citizen to reaffirm their commitment to improving and supporting education at all levels, and translate this commitment into action by visiting our local schools. Mayor Gary L. Peterson 6 OFFICIAL PROCEEDING CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 27, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 27, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution 2008-261 for rental license revocation of 1.026 45tH Street, in that the property has been brought into compliance. Mayor Peterson added Item L under the Consent Agenda for the approval of the demolition contract for 4011 Stn Street. Nawrocki requested to remove Item B. He asked to add under the Manager's report rental property at 4657 Tyler, fishing deck request for Silver Lake, roofing on Sullivan Lake shelter, report on 37tH and Central, the budget, the ordinance on abandoned property, and vat service at 4336 Tyler. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items: A. Approve the minutes of the October 13, 2008 Columbia Hei htg s City Council meetings. Motion to approve the minutes of the October 13, 2008 Columbia Heights City Council meeting. Motion to approve the minutes of the October 13, 2008 Special Assessment Levy Hearing for zone l B 3, and 3A Seal Coat Improvements. Motion to approve the minutes of the October 13, 2008 Special Assessment Levy Hearing for the University Avenue Service Drive Street Reconstruction and Certify Petition and Waiver Assessments. B. Approve cancellation of the Monday, November 3, 2008 City Council work session. -removed C. Adopt Resolution #2008-270, being_a Resolution establishi~ytrainee wage, additional General Election Judges and establishingthe canvass date for the 2008 General Election. Motion to waive the reading of Resolution No. 2008-270, there being ample copies available to the public. Motion to adopt Resolution No. 2008-270, being a Resolution establishing trainee wage, additional General Election Judges and establishing the canvass date for the 2008 General Election. D. Approve Gambling Permit for Immaculate Conception Church for an event to be held November 23, 2008 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at an event being held Sunday, November 23 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the Cit_v of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Gambling Permit for the Society for Creative Anachronism, Inc. for an event to be held at Central Middle School on January 10, 2009 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board. indicating that the City of Columbia Heights has no objection to a gambling permit for the Society for Creative Anachronism, Inc. for a raffle to be held at an event at Central Middle School, 900 49th Avenue NE, Hilltop, Minnesota on January 10, 2009; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. F. Approve transfer of funds from General Fund to Police Department Budget to reimburse Overtime Fund Re: DTF Overtime Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force for the third quarter of 2008, from the General Fund to the Police Department 2008 Budget line 1.020, Overtime. G. Adopt Resolution 2008-267, being a Resolution Establishing_Eli ibility Standards for Senior Citizen Utili , Rates. Fehst indicated the 2009 amount would be $29,000. Motion to waive the reading of resolution 2008-267, there being ample copies available to the general public. Motion to adopt Resolution 2008-267, being a resolution establishing eligibility standards for senior citizen utility rates. H. AdoRt Resolution 2008-271, Committing Local Match and Authorizing Contract Signature for Application of a Contamination Investigation and RAP Grant for 3930 University Avenue Fehst stated this is the Root property. The work will be subsidized three-quarters by the State and one-quarter by the owner. This would be to investigate pollution on the site. Scott Clark, Community Development Director, stated the dollars would have to be up front before the investigation. would be done. Motion to waive the reading of Resolution 2008-271, there being an ample amount of copies available to the public. Motion to adopt Resolution 2008-271, being a Resolution committing Local Match and authorizing Contract Signature for Application of a Contamination Investigation and Remedial Action Plan (RAP) Grant for the property located at 3930 University Avenue N.E., Columbia Heights, Minnesota 55421. 1. Approve attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for October 27, 2008. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 27, 2008 as presented. K. Approve payment of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 127688 through Check Number 127898 in the amount of $1,801,790.08. L. Approve demolition contract for 4011 5`h Street. Motion to approve the demolition contract for 4011 5`" street per bid specifications in the amount of $14,790 between the City of Columbia Heights and Kevitt Excavating LLC. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of item B. Upon vote: All ayes. Motion carried. B. Approve cancellation of the Monday November 3 2008 City Council work session. Motion to cancel the Monday, November 3, 2008 City Council work session.. Nawrocki stated that this work session should still be held to continue budget discussions. Fehst stated that there are no items on the agenda and it is the day prior to the election. Diehm asked if the City Clerk would be available. She indicated that administering the election would make it difficult. Motion by Nawrocki to hold a work session meeting on Monday, November 3, 2008 at 7:00 p.m. for the purpose to discuss the budget. Second by Diehm. Motion to amended by Peterson to limit the meeting to 9:00 p.m., Second by Diehm. Upon vote: Motion carried. Nawrocki questioned the agenda for this Wednesday's work session. Fehst stated it would include a power point presentation submitted by all departments. Nawrocki indicated there are 400 pages in the budget book to cover. PUBLIC HEARINGS A. Adopt Resolutions 2008-260, 1081-83 Polk Circle N.E., 2008-262.,..1204-06 Cheery Lane N.E. 2008-263 4753 Upland Crest 2008-264 615-17 51st Avenue N E 2008-265 1820 40th Avenue N.E. and 2008-266 1842 41st Avenue N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gorman listed the rental license revocation issues: Resolution No. 2008-260, 1081.-83 Polk Circle N.E. -Failure to submit application, pay fee and schedule inspection. Resolution No. 2008-262, 1204-06 Cheery Lane N.E. -Failure to submit application, pay fee and schedule inspection. Resolution No. 2008-263, 4753 Upland Crest -Failure to submit application, pay fee and schedule inspection. Resolution No. 2008-264, 615-617 51st Avenue N.E. -Failure to submit application, pay fee and schedule inspection. Resolution No. 2008-265, 1820 40th Avenue N.E. -Failure to submit application, pay fee and schedule inspection. Resolution No. 2008-266, 1842 41st Avenue N.E. -Failure to submit application, pay fee and schedule inspection. Motion by Nawrocki, second by Diehm to close the public hearing and to waive the reading of Resolution Numbers 2008-260, 262, 263, 264, 265, and. 266 being ample copies available to the public and to adopt Resolution Numbers 2008-260, 262, 263, 264, 265, and 266 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. Nawrocki stated. the garbage vat is not being picked up at 4633 Tyler and indicated there is graffiti on the Savers building. Fehst stated that the dumpster was picked up on Thursday. Nawrocki stated that the property was a detriment to the neighborhood because of some of the residents. He indicated the hope that the new owner would make an honest effort to screen tenants. Kelzenberg stated the owner indicated he would attempt to do so. Peterson referred to item L., demolition contract for 4011 5th Street, which was not mentioned during the consent agenda. Motion by Diehm, second by Kelzenberg, to approve the demolition contract for 4011 5th street per bid specifications in the amount of $14,790 between the City of Columbia Heights and Kevitt Excavating LLC. Nawrocki questioned if they would remove the building and level it. Clark stated they would do so. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2008-268, Amendment to Operations of Parking Ramp Agreement and Resolution 2008-269 Amendment to Management Agreement for Parkin Fg acility and Lease of Plaza Property Sheila Cartney, Assistant Community Development Director, indicated that staff was advised to work with Stadium Village properties to demolish and grade the site and they would maintain the property and sidewalk. They would use it for snow piling. This would amend the parking ramp agreement and lease of the plaza property. Nawrocki stated that Resolution 2008-268 is for the agreement with Stadium Village and 2008- 269 is for the redeveloper to purchase the plaza property. He disagreed with the purchase, and stated that the original agreement renewals have not been done; they have not been paying the rent for the ramp and parking connection of $1 per year. Nawrocki gave the history of the reduction in tax for the property. The removal of the snow was to be their problem, and yet we paid $30,000 for a property to allow them to put their snow on. We are also proposing to give them $250,000 or'/z the cost to re-skin their building, which we have not done for anyone else. Now you want to give them another break when they have not complied with the current agreement. 10 Clark stated that letters were distributed. and residents are present to discuss this with Council. We would like to separate the snow storage issue from the re-skinning the property, which will come back before the council in a few weeks. Stadium Village was not part of the process over the last 26 years. As for the renewal of the agreement, he referred to the City Attorney. Nawrocki stated that he does not argue the amount, but they are in default of the agreement. The lease agreement should have been renewed twice in this time period. Nawrocki stated there is value in the ramp and we should act accordingly. Peterson asked how long Stadium Village has owed the property? Clark stated since February of this year. They have redone the plaza, parking ramp, and the office facility. The city can take the blame that we did not pursue the yearly $1 payment. Feedback indicates that Stadium Village is abetter land owner than any previous owners. Kathy Gomez, 965 Gould, stated she owns the home next to the property scheduled for snow storage. She stated concern that her property would flood because of this. The alley is currently not plowed. This will cause her to have even more snow to shovel by hand. Peterson indicated the intention is to place a rain garden there and store some snow in the winter months. When the current home is demolished, the lot will be graded to eliminate water run off to her yard. There should not be any more snow elsewhere than there has been, or it should be better. We can not cause more water run off. Gomez stated her concern is that it is not cared. for now. Cartney indicated the intention is to removal the house this year and in the spring place a French drain with lilacs between the house and property. A grading plan would have to be approved by the City Engineer. Peterson directed staff to work with Ms. Gomez to address her concerns. Peterson stated she should contact the city if it is not properly maintained. Fehst asked if the tree in the backyard is part of the problem. Gomez stated that both her and the neighbor were told to remove a tree; she was cited and the neighbor was not. There is a dead tree in that yard. Cartney stated that the trees would. be removed. Fehst stated. that concerns should be addressed in the agreement. Nawrocki asked if the snow from the Gould and Central lot would be dumped there also. Cartney stated the snow would only be from the parking ramp. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2008-268, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2008-268, being a Resolution approving an Amendment to Operation of Parking Ramp Agreement dated August 25, 2008 between the City of Columbia Heights and Stadium Village Properties LLC; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay. Motion carried. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2008-269, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2008-269, being a Resolution approving an Amendment to Management Agreement for Parking Facility and Lease of Plaza Property dated July 20, 1982; and furthermore, to authorize the Mayor and. City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3ayes - 1 nay. Motion carried. B. Bid Considerations -none C. Other Business -none 11 ADIVIIlVISTRATIVE REPORTS Report of the City Manager Fehst listed the cost to place two lengths of dock at Silver Lake Beach, not including labor, of $16,000 fora 24 foot to $21,000 fora 44 foot dock. It would also require a walkway to be ADA compliant. Peterson indicated that the Park Commission did discuss this. Nawrocki indicated that he would have notified the resident that brought forth the request to attend that meeting. Peterson questioned. the assumption to place the docks at the beach area. Nawrocki stated his assumption that it would be located at the deeper boat launch area. Fehst stated that the boat launch area has previously been dredged. Nawrocki stated that the Sullivan Lake shelter roofing is curled. A resident voiced concern that it would be a leaf catcher and take away from the beauty of the shelter. Fehst stated he could not see this as an issue. Nawrocki indicated there was already an arson fire there. He referred to moving the parking on the east side of the property for better observation. It has not been a benefit. Clark stated there is no status report for 37'" and Central. The owner has until 2009 before he defaults on the contract. Nawrocki stated that we were premature to remove the taxable properties from the site. Nawrocki questioned the status of the proposed abandoned property ordinance that was removed from the last meeting because Councilmernber Diehm was not present. Clark indicated the anticipation to bring this back to the Council within the next month. Nawrocki stated that residents should be informed when it will be discussed. Nawrocki stated that he had requested to remove the City Manager's salary when he was unable to be present, which was denied. He requested equal consideration in the future. Brad Smucker, owner of 4633 Tyler was present regarding issues with BFI. Fehst stated that BFI made an error in this transaction. Smucker stated concern that BFI won't pick up trash around the vat. Smucker described his frustration with BFI and was told to contact the City. He did received assistance, but they would not pick up items that did not fit in the dumpster. Staff was helpful, but it took three weeks and 30 hours of staff time to get a bigger dumpster. Fehst apologized and suggested if there are future problems, to contact him. Smucker indicated that the landlord meeting was very helpful, but the problem in the Tyler area is that BFI. won't pick up trash outside of the dumpsters. The BFI rates are cheaper here, but we are not getting as good of service. Peterson stated that we have had good service from them. Peterson welcomed Mr. Smucker to the community and asked if he is aware of the background check service available to him. Smucker stated that he has had great communication with staff. Peterson stated there will be another landlord meeting soon, which is a good place to compare notes. Smucker stated that he will close on 4625 Tyler next week. Nawrocki questioned his procedure to check on potential tenants. Smucker stated he does so through Internet checks, such as Ecofacts. Nawrocki encouraged him to do a good job of screening, as those properties have been a problem in the past. Smucker stated the best way to check on possible tenants is to check the condition of their previous property. Nawrocki again repeated his comments from the last meeting that we did an extremely poor job on the budget article in the newsletter. We are close to a double digit tax increase, which is not acceptable. Nawrocki requested information on the 75 various fund. balances, from the starting balance, to the current amount, to anticipated spending or committed funds. He requested list of authorized positions that are not currently filled. The liquor store add in the Northeaster listed an exaggerated amount of revenue to offset taxes. Nawrocki stated that the revenue was to pay the bond requirements. Fehst referred to necessary start up costs. Nawrocki challenged the cost of the fancy 12 newsletter. Fehst suggested suspending the newsletter and placing the information on the Internet. Nawrocki stated there is value to the newsletter, but we do not need to pay for editing and it does not need to be multi-color. Nawrocki suggested contacting the Northeaster regarding the possible distribution of the newsletter with their newspaper. Report of the City Attorney -nothing. CITIZENS FORUM Bob Odden, 1201 42°d Avenue, stated that the budget should indicate that the liquor stores do not pay taxes. The budget should be placed on the Internet for people to research and find savings. He indicated that prior to the purchase of Central and 37`" there were still taxes being realized from the properties. Donna Schmitt, 4260 Tyler Street, mentioned that Wednesday night's budget meeting would not be televised. The budget is a large document and would be costly to reprint. She indicated that the election is November 4t". Polls are open from 7:00 a.m. to 8:00 p.m. COUNCIL CORNER Kelzenberg • Hopefully, everyone will get out and vote. Diehm • Halloween: reminder that small children out and to use extra caution. Keep an eye on the public safety center progress. It is looking good. Nawrocki •The Metro League of Cities has put out their proposed legislative policies. •Consider the worth of continuing metmbership in the Metro League. We are covered by the State League. Peterson •The parking ordinance goes into effect November 1. Remind your neighbors. •Saturday night Day Light Savings time ends. •Don't forget our service rnen and women; appreciate what they are doing for us. •Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:25 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION N0.2008-270 BEING A RESOUTION ESTABLISHING TRAINEE WAGE, ADDITIONAL GENERAL EELCTION JUDGES AND ESTABLISHING THE CANVASS DATE FOR THE 2008 GENERAL ELECTION WHEREAS: The General Election is scheduled for November 4, 2008; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shalt appoint election judges, the following additional election judges are approved for the 2008 General Election: Diane Henderson Candace Blaido Cassandra Davis Amanda Nelson Wesley Green Karlie Burquest Kyle Davis Marilyn Vaughan Crystal Cohen Cindy Tran Steven Graham Phillip Mattison Dan Steiskal 13 and, WHEREAS: Students are encouraged to become Election Judge Trainees in the election process and 16 students between the ages of 16 and 18 years of age have been recruited to assist from 3:00 p.m. to 9:00 p.m. at $6.75 per hour for the 2008 General Election; and WHEREAS: The canvass of the General Election is required to be held within ten. (10) days of the election; it be established for Monday, November 10, 2008 at approximately 7:00 p.m. in the City Council Chambers, at the regular City Council meeting. NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, approve student Election Judge trainees, and establish the 2008 General Election Canvass. RESOLUTION N0.2008 -267 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTIL[TY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $29,000 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2009. RESOLUTION 2008-271 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 55421 BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than November 3, 2008 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated. any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and Economic Development (DEED) no later than 4:00 p.m., November 3, 2008 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. RESOLUTION 2008-260 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 Anthony Ajewole (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1081-83 Polk Circle 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 October 3, 2008 of an public hearing to be held on October 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: 14 City Council Minutes Monday, October 27, 2008 Page 9 of 12 FINDINGS OF FACT l . That on or about August 15, 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 October 3, 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 08-NEW-4735 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 2008-262 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 Travis Kline (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1204-06 Cheery Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2008 of an public hearing to be held on October 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 or about August 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 October 3, 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 F8684 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 2008-263 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 Carlos Curran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4735 Upland Crest 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 29, 2008 of an public hearing to be held on October 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: 15 City Council Minutes Monday, October 27, 200$ Page 10 of 12 FINDINGS OF FACT 1. That on or about September 12, 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 29, 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 lII 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- 4735 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 2008-264 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 Mary Jenkins (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 615-617 5151 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter ~A, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2008 of an public hearing to be held on October 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 or about August I5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 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 F8675 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 2008-265 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 Daisy Martinez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1820 40`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 October 8, 2008 of an public hearing to be held on October 27, 2008. 16 City Council Minutes Monday, October 27, 2008 Page 11 of 12 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 24, 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 October 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause vas 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 08-NEW-1820 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 2008-266 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 Mortgage Electronic Registration System (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1842 415` 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 October 3, 2008 of an public hearing to be held on October 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 or about August I5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 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, and failure to schedule annual interior rental inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III. SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8659 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 2008-268 A RESOLUTION APPROVING AN AMENDMENT TO THE OPERATION OF THE PARKING RAMP AGREEMENT DATED AUGUST 25, 2008 BETWEEN THE CITY OF COLUMBIA HEIGHTS AND STADIUM VILLAGE PROPERTIES, LLC WHERAS, the City of Columbia Heights entered into a purchase agreement on August 25, 2008 to acquire a single family home and lot located at 961 Gould Avenue 17 City Council Minutes Monday, October 27, 2008 Page 12 of 12 WHEREAS, the City purchased said property on September 26, 2008, and WHEREAS, by resolution 2008-184 the City Council directed staff to negotiate an agreement with Stadium Village Properties for the storage of snow from the parking ramp and removal of the existing building, and WHEREAS, allowing alternative snow storage other than the ramp will increase the longevity of the public parking ramp, and NOW, THEREFORE BE IT RESOLVED, by the City Council of Columbia Heights: 1. Authorization by the Mayor and City Manager to sign the agreement entitled, "Amendment to that Certain Agreement dated August 25, 2008, between the City of Columbia Heights and Stadium Village Properties, LLC for the Operation of the Parking Ramp" by and between the City of Columbia Heights and Stadium Village Properties, LLC. RE50Li1TION 2008-269 A RESOLUTION APPROVING AN AMENDMENT TO MANAGEMENT AGREEMENT FOR PARKING FACILITY AND LEASE OF PLAZA PROPERTY DATED JULY 20, 1982 WHERAS, the City of Columbia Heights entered into an agreement on July 20, 1982 with Terry Evenson for the Management of the public parking facility and lease of the plaza property, and WHEREAS, said agreement provides the Redeveloper the option to purchase the Parking Ramp Property for $1.00 in 2022, and WHEREAS, by resolution 2008-268 the City Council Amended the Operations Agreement to allow snow storage from the parking ramp onto city property located at 961 Gould Avenue and transfer of ownership of said property in 2022, and NOW, THEREFORE BE IT RESOLVED, by the City Council of Columbia Heights: 1. Approval of Resolution 2008-269 amending the parking facility and. lease of the plaza property dated July 20, 1982, allows the Redeveloper the right to purchase 96l Gould Avenue in 2022 when the ramp is available for purchase. 2. Authorization by the Mayor and City Manager to sign the agreement entitled, "Amendment to that Certain Agreement dated August 25, 2008, between the City of Columbia Heights and Stadium Village Properties, LLC for the Operation of the Parking Ramp" by and between the City of Columbia Heights and Stadium Village Properties, LLC. 18 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS EMERGENCY CITY COUNCIL MEETING OCTOBER 29, 2008 Call to order/Roll Call/Pledge of Alle lance Peterson called the meeting to order at 7:04 p.m. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Absent: Councilmember Williams Nawrocki stated his objection to the way this meeting was called. Fehst stated his appreciation for his comments. Peterson congratulated Councilmember Diehm on her promotion to partner of her firm. Consideration of purchase of property at 4618 Polk Street Scott Clark, Community Development Director, stated. this meeting was authorized by the City Manager and Mayor. It is important to offer the council the opportunity to purchase property in the Sheffield area as directed by the City's goals. This is for 4618 Polk, which has a number of issues associated with it. The property will be going up for auction, but there is a second buyer for this property. It has gone through two other failed sales transactions. It is available for $118,000. It has been offered to us for $11.0,000. This is two houses down and across the street from the property approved for purchase last week. There are traces of methamphetamine on the property. We recommend purchase of the property. We have a fund balance of approximately $500,000 to do this. This would also allow bidding for demolition of the building. Peterson asked the size of the lot. Fehst stated it is not a double lot. Clark stated it is about 6,000 square feet. Kelzenberg asked what the plans are for the property. Clark stated that the properties will sit until the market turns around. We will come back in three to four weeks for a financial plan out side of the current fimds used. The overall goal is to take the opportunity to get properties at good prices. A full delineated plan for the area will be forthcoming. Nawrocki. asked. what the ancillary costs are. Clark stated they would be the closing costs of about $900 to $1,100 and about $19,000 for demolition and hazardous material removal. Nawrocki questioned the estimated lot cost. Clark stated it would be about $45,000. The taxable value is $240,000. Nawrocki asked why we should buy it if there is another interested party. Clark stated that if we want to move ahead and bring back owner occupied property rather than the path of the past. The history of the area is failed rental. We wish to change the overall character of the area to owner-occupied homes. Nawrocki referred to the fund balance allowing only approximately allowing the purchase of about another four homes. We should have a plan as to what we will do with the properties. Clark stated that we are putting together a plan; however, this property is a good parcel to purchase toward our overall objectives. Police Chief Scott Nadeau stated they have partnered with the Community Development Department and done problem oriented work in this area. We have made some strides, but we see historic opportunity to purchase some properties for $.40 to $.50 on the dollar. He stated he was in the area on Friday night and it was littered with gang graffiti. This would be significant in this area and with other funding partners to make a difference in this area. Nawrocki stated he assumed that a buyer would fix up the property. Nawrocki referred to the cost of other properties purchased. with no plan. 19 Peterson stated that we are attempting to change the character of the area. This is a duplex at a good price. We would get rid of a problem building with methamphetamines. If we stock pile these type buildings, we may be able to get more for the properties. The places were duplexes and tend to be problem area. We gave staff direction to be on alert for this type of property. That neighborhood is anxious to be crime free and to be a better neighborhood. Diehm agreed with the Mayor and asked. staff to look into the new federal funding. Motion by Diehm, second by Kelzenberg to waive the reading of the resolution, as ample copies are available. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-272, being a Resolution approving the acquisition of property located at 4618 Polk Street. Nawrocki referred to the building of duplexes in this area and spoke out at that time against doing so in neighborhoods where kids could not play. He was told he was against progress and that young couples would purchase them and live in one half and rent the other half. Have we had the property formally appraised. Clark stated it was not, but we have tracked prices in the market and realize the value of about Upon vote: Kelzenberg aye; Diehm, aye; Nawrocki, nay; Peterson, aye. Absent: Williams. Motion carried. Adjourn Mayor Peterson adjourned the meeting at 7:28 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2008-272 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4618 POLK STREET WHEREAS, the City has found that there exists conditions of substantial deterioration 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, they City is making a concentrated effort to acquire foreclosed properties in the Sheffield 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 Eagle Realty (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 4618 Polk Street NE between the City of Columbia Heights and Eagle Realty and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $110,000.00 plus all ancillary costs associated with closing and to proceed with demolition bids. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Sheffield Redevelopment funds (fund 410). 2 Zo HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF APRIL 22, 2008 Call to Order - by Chair, Tarnmera Diehm at 7:06 p.m. Roll Cail- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., and Bruce Kelzenberg Staff present: Scott Ciark, Walter R. Fehst, and Cher Bakken Pledge of Allegiance CONSENT AGENDA Approve the Minutes of January 23, 2008 Regular Meeting and Financial Report for the months of January, February and March 2008, Resolution 2008-03. Nawrocki asked what the HAB check in March was for. Lucia Clausen representing Common8ond stated it was a prorated amount for the old computer software they no longer use. Since then, they now use Yardi software. Motion by Nawrocki, second by Williams, to approve the consent agenda Items #4 and #5 as listed. All ayes. Motion Carried. BUSINESS ITEMS Report of Management Company Laura Sheak, Parkview Villa Manager, introduced Lucia Claussen, Director of Public Housing, Kelly Meskovitz and Jason Price from the Accounting Department at CommonBond. Sheak stated they have replaced the furnace unit, which was ordered prior to their management of the building, had the annual fire inspection on the dryers and did replace vents per their request, have been doing final audits, they have been catching up on final reviews, updated the parking lot assignments and in May will begin the annual inspection of units. Diehm complimented Common8ond staff for the additional items they put together in the management report. Nawrocki stated the comments he's heard so far about management has all been positive. Kelzenberg stated he has also heard good things about CommonBand staff. Ecklund Jr. told Sheak he already talked to Fehst about the parking space for NAPS deliveries in the lot and he agreed to talk to Public Works about this issue. Resident Council Minutes Ecklund reviewed items from the February, March and April reports and asked the board if they had any questions. 21 Housing & Redevelopment Authority Minutes Apri122, ?008 Page 2 of 3 Nawrocki stated in the minutes for March it says that Sheak stated no religious articles are to be hung on resident's doors, and that was illegal. Ecklund Jr. stated that was an error. It should have read: "do not put religious articles on your neighbor's door". Diehm asked Ecklund to make that correction to the minutes. Citizen Forum Resident, Alvina Stieren, Unit 421 said about a year ago she brought up the problem of noise from the building behind Parkview Villa. The noise stopped for a period of time and now it has started up again on Thursday, Friday and Saturday nights. Fehst stated he would check into this matter. Resident, Ken Block, Unit 315, stated he called the police and they did come out one night as there was a diesel loading truck that was there late at night. Diehm stated we want everyone to understand that after hours you should call the police so they can get it an the records. Ecklund Jr. stated the trucks also block the entrance to Parkview Villa sometimes and asked when staff talks to the Police Department could this issue be brought up too. Fehsf stated he could. Resident, Lynn Miner, Unit 202, asked if something could be done about the system used to let people into the building. It has so much static you can't even hear them. The repairman has worked on it many times and it still doesn't work. Sheak stated she is in the pracess of getting bids for replacing ar fixing it so that it works. Resident, Don Camp, Unit 608 asked what kind of warranty (here was on the work that has been done for the modernization, as there are a lot of things wrong with the new equipment. Diehm asked staff to look into this. Claussen stated they are looking of some of the problems on each floor, before they go into another agreement for the next floor, as there are many things that aren't working. At this time residents are filling out work orders for the repairs. Resident, Ron Peters, Unit 414, stated residents are concerned about visitor parking in their parking spot. Visifor parking should be moved up closer to the door. Management Agreement with CommonBond Clark stated on January 23~d the board approved a tentative agreement with CommonBond, upon HUD review. The problem staff ran into was because we have an Annual Contributions Contract from 1969, which limits contracts to two years, HUD wouldn't approve the agreement. To correct this under Section 1, 1.3 Term, it now says the contract would be for a period of two years with three one-year extensions. Staff recommends approval of this agreement. 22 Housing & Redevelopment Authority Minutes April 22, 2008 Page 3 of 3 Nawrocki asked what is the total compensation for management. Clark stated it was under Section 9, 9.9 Management Fee, and when you do the math it comes out to $45 per unit. Kelly Meskavitz, Common8ond finance officer stated the Total is $223, 800 for a 12-month period. Clark stafed what this is saying is that it is $98,650/month, then the second sentence breaks it down into the management fee versus the personnel cost. Nawrocki stated because we had previous management problems dealing with residents, he had asked to have it documented in the contract that the Board would have a part in the hiring process for the manager and did not see it in the agreement. Williams stated it was on page 1, Section 9, 9.9 Appointment and Acceptance the last sentence. Motion by Nawrocki, second by Williams, to Approve the Management Agreement, dated February 1, 2008, between the Columbia Heights Housing & Redevelopment Authority (HRA) and CommonBond Housing as amended; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Other Business Diehm stated the next HRA meeting would be held on Tuesday, July 22, 2008 and that Ecklund Jr. would like to talk to residents after the meeting. Nawrocki stated at the last meeting the board members all received a letter prior to the meeting and at that time the letter was turned over to the attorney for review. Diehm stated she had not heard anything yet and directed staff to check into this. Ecklund Jr. stated he found out today the cameras for Parkview Vitla don't work and haven't been working for a year and a half. Sheak stated the Police Department is telling her they turned it off and that she needs to talk to Marco Security to get them working again. Fehst stated he would check into this also. Nawrocki stated the doors need to be open for any public meeting. So we need to address this before the next meeting, as they weren't open tonight. Diehm stated that she has directed staff to look into this and to make sure doors are open for our meetings. Adjournment Chair, Diehm adjourned the meeting at 7:52 p.m. Respectfully submitted, C° ~~~ ~~--~- Cheryl Bakken Recording Secretary H:IHRAMinutes 20084-22-2008 23 PLANNING AND ZONIhTG COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 5, 2008 7:00 PM The meeting was called to order at 7:00 pm by Vice-Chair-Donna Schmitt. Commission Members present- Thompson, Fiorendino, Schmitt, and Peterson. Commission Members absent- Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Fiorendino, to approve the minutes fi°om the meeting of October 7, ?008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-1101 APPLICANT: City of Columbia Heights LOCATION: 950 40th Avenue NE REQUEST: Lot Split INTRODUCTION Sargent explained that the City of Columbia Heights is requesting a minor subdivision (lot split) for the property located at 950 - 40` Avenue NE per Code Section 9.104 (J). Currently, the City owns the property, which consists of a parking ramp and plaza area. The City would like to split the land containing the plaza area off from the parking ramp at this time, creating two separate lots. The plaza area is a "self-defined parcel" described in an existing 1982 development agreement between the City of Columbia Heights and the office building to the west. The proposal is to utilize the plaza area in an exchange program with the current owners of the office building. The plaza area would be acquired from the city in exchange for exterior investments into the office building, which would help complete an overall renovation of the offices. It should be noted that the Planning Commission's role should be focused on the technical portion of the request, and all details relating to the exchange program will be dealt with separately. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. A lot split which effectively transfers the ownership of a parcel of land from one entity to another is consistent with the Comprehensive Plan. ZONING ORDINANCE The property is zoned CBD, Central Business District. The use of the property is controlled by an agreement between the City of Columbia Heights and the current owners of the office building, and is permitted in the CBD District. PARK DEDICATION. The park dedication fee for this property is $1,500. This amount is 10% of the estimated value of the land in question. The park dedication fee shall be paid at the time of the recording of tl~e subdivision with Anoka County. 24 Planning & Zoning Commission Minutes Page 2 November 5, 2008 FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) Ail lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. There is no minimum lot area requirement for the CBD District. The minimum lot width in the CBD is 20 feet. The proposed new lot will meet these minimum requirements. (d) The proposed. subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. The property currently has adequate access to 40`" Avenue and will not require a dedication of the public right-of--way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.11=1 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. Sargent explained that an agreement is being negotiated between the City and the new owners of the office building that will go before the City Council on November 24, 2008. Therefore, consideration of this lot split will also go before the City Council on that date if the agreement is approved. He reviewed pictures of the improvements that recently have been made to the exterior of the building, showing the new owner's commitment to update the property. Questions from members: Fiorendino asked if the lot will be split on the east or west side of the alley. Sargent stated it would be along the east side, next to the parking ramp. 25 PLANNING & ZONING COMMISSION MINUTES PAGE 3 NOVEMBER 5, 2008 Schmitt asked who would. be paying the Park Dedication fees. Sargent said that is part of the agreement still being negotiated. She then asked to have the Plaza area defined. Sargent explained it includes the 2na floor patio/plaza area and the piece underneath used as the drive-through for the bank. This entire piece is used by the tenants of the adjacent commercial building. Public Hearing Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Peterson, seconded by Fioz~endino, that the Planning Commission recommends the City Council approve the minor subdivision of the property located at 950 - 40`hAvenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the pzrovisions of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information szehmitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of ,$1,500, due at the time of the recording of the minor subdivision with Anoka County. All Ayes. MOTION PASSED. The following Resolution will be considered by the City Council on November 2=1, 2008. DRAFT RESOLUTION N0.2008-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2008-1101) has been submitted by the City of Columbia Heights requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 950 - 40`'' Avenue NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR 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 November 5, 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: I. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width. requirements established for the zoning district in which the property is located. 26 PLANNING & ZONING COMMISSION MINUTES PAGE 4 NOVEMBER 5, 2008 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been. divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of'the permit. 2. The applicant shall pay a park dedication fee in the amount of ~1,~00, due at the time of the recording of the minor subdivision with Anoka County. OTHER BUSINESS Taco Bell held their Grand Opening last week. Border Foods may bring plans in for the property adjacent to this site soon. The meeting was adjourned at 7:15 p.m. Respectfully submitted, Shelley Hanson Secretary 27 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 10, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: Finance APPROVAL ITEM: Canvass Municipal General BY: Patty Muscovitz BY: Election Returns DATE: 11 / I Oi2008 DATE: NO: On November 3, 2008 the City held an election to select a two year Mayor and two -four year Council Members. Attached are the results of the election anal the resolution canvassing said election. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008-277, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-277, being a Resolution canvassing municipal general election returns. Attachments: Resolution 2008-277 Summary COUNCIL ACTION: 2s RESOLUTION N0.2008-277 CANVASSING MUNICIl'AL GENERAL ELECTION RETURNS WHEREAS, the City of Columbia Heights, did on the 4`" day of November, 2008, conduct and hold a General Municipal Election for the purpose of electing a Mayor and two Council Members; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 10`h day of November, 2008, did canvass the returns and results of said General Municipal Election; and. WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 9,938 Valid Votes Cast for Mayor Gary L. Peterson 5,289 Bob Odden 3, 150 Overvotes 3 Times Blank Voted 1,446 Write-Ins 50 Valid Votes Cast for two 4-Year Council Seats Robert Williams 4,323 Bruce Nawrocki 3,814 Donna Schmitt 3,402 Sue Proft Campbell 2,899 Times Blank Voted 1,345 Undervotes 2,675 Write-Ins 71 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L. Peterson is hereby elected Mayor, and that Robert Williams and Bruce Nawrocki are hereby elected members of the City Council, assuming said offices on January 1, 2009. Passed this day of November, 2008 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk zs CITY OF COLUMBIA HEIGHTS 200$ GENERAL ELECTION November 4th, 2008 PCT #1 PCT #2 PCT #3 PCT #4 PCT #5 PCT #6 PCT #7 PCT #8 TOTAL MAYOR Gary .Peterson 706 594 720 604 674 732 620 639 5,289 Bob Odden 496 437 365' 416 354 308 398 376 3,150 Overvotes 2 0 0 0 1 0 0 0 3 Times Voted Blank .226. .248 172 169 176 137 140 178 1,446 Write-Ins 6 10 6 8 4 5 6 5 50 COUNCILMEMBERS Donna Schmitt 498 372 429 420 448 438 420 377 3,402 Bruce Nawrocki 562 462 471 424 457 445 511 482 3,814 Robert Williams 608 498 559 515 566 549 516 512 4,323 Sue Proft Campbell 412 374 399 335 329 378 318 354 2,899 Overvotes 0 0 0 0 1 0 0 G 1 Times voted Blank 190 245 150 170 157 132 127 174 1,345 Undervotes 401 370 362 346 291 283 303 319 2,675 Write-Ins 11 12 6 14 11 7 6 4 71 Non/Abs 1362 1245 1180 1116 1087 1069 1093 1145 9,297 Abs 74 44 83 81 122 113 71 53 641 Ballots Counted 1,436 1,289 1,263 1,197 1,209 1,182 1,164 1,198 9,938 Registered Voters At 7:00 A.M. 1,496 1,317 1,337 x,330 1,310 1,226. 1,292 1,324 10,632 Persons Registered on Election Day 333 306 251 270 206 183 218 224 1,991 of Voter Turnout 95.99°l 97.87% 94.47% 90.00% 92.29% 96.41 % 90.09% 90.48% 93.47%° AVG 30 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 10, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS NO: CITY MANAGER APPROVAL ITEM: Adopt Res. 2008-279 Council BY: Walt Fehst BY: meeting date December 2008 DATE: November ~, 2008 DATE: NO: Back r~ ound: The regularly scheduled December City Council meeting date is December 22, 2008, the same week as the December 24`" and 25t" observed. holidays. In the past years, the City Council has chosen to cancel the last regular meeting of the year. Recommendation: • Cancel the Monday, December 22, 2008 regularly scheduled City Council meeting. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2007-279, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Heights regular City Council meeting. COUNCIL ACTION: 31 RESOLUTION N0.2008-279 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 22, 2008 WHEREAS: The City of Columbia Heights offices are closed on Wednesday, December 24, 2008 and Thursday, December 25, 2008, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 22, 2008; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. Passed this day of 2008 Offered by: Second by: Ro11 call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 32 CITY COUNCIL LETTER Meeting of November 10, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Scott Nadeau -! Q BY: NO. Dept Budget to Reimburse Overtime Fund. DATE: October 29, 20 8 DATE: re: Off-Duty Employment Assignments BACKGROUND During August and September of 2008, the Police Department was involved in off duty employment details that are handled through the department. These were security details at the Immaculate Conception Church Fun Fest, Unique Thrift Store and football games at Columbia Heights High School. There was also a security detail for a wedding at ICC in October. 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 ICC for $735.84, from Unique Thrift for $984.57, from CHHS for $709.SG, and from James Kotten (for the wedding at ICC) far $131.40. Total amount from all sources is $2,561.37. This money is considered revenue and it was placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $2,561.37 received from ICC, Unique Thrift Stares, CHHS and James Kotten be returned to the 2008 Police Department Budget line item 1020, Police Overtime. RECOlYIMENDED MOTION: Move to transfer the $735.84 received from ICC, the $984.57 received from Unique Thrift, the $709.SG received fxom CHHS, and the $131.40 received from James Kotten for a security detail at ICC for a total of $2,SG1.37 from the General Fund to the Police Department 2008 Budget line item 1020, Police Overtime. kao COUNCIL ACTION: 33 To: Chief Scott Nadeau From: Acting Captain Lenny Austin Subject: Overtime Transfer Date: October 2$, 200$ Attached is a list of the overtime reimbursement received from October 1, 2008 through October 31, 2048. This is income from outside sources that has been paid to CHPD for services of our personnel. Please request a transfer of these funds to our overtime account. Patron Invoieg;~' ,wire l.~eceia eat , A~no~~t ICC Fun Fest 2008-021 10/08/2008 $735.84 Unique Thrift 2008-024 10/23/2008 $984.57 CHHS -Betty Thomas 2008-025 10/28/2008 $'709.56 Mx. James Kotten 2008-026 10/27/0208 $131.40 Total Amount to be Transferred into Account: $2561.37 34 ._, IN~(3ICE Columbia Heights Police Department Date: August I2, 2408 Invoice #: 2448-421 Customer Name: Immaculate Conception Attn: Gregory A. Tomah Address: 4030 Jackson St NE Columbia Heights MN S542i Home Phone: 763-788-0477 Work Phone: Request for: 1 Police t~fficer Police Officers for: ICC FunFest Daze ()#~:~er° Tzme H~s/~bift ~ OT° rate -~N$,h"I otal 48/09%48 Nightingale 1700-2344 6 hrs @ OT rate $ 315.36 08/14/08 Nightingale 1144-1940 8 hrs @ OT rate $ 424.48 BILLING INFORMATION Number of Officers: 2 Hours: 14 2008 Wage is $52.56 peg houY Total Due: $ 735.84 Make checks payable to the City of Columbia Heights Please mail payment to: Ciry of Columbia FIeights Police Department, 559 Mill Street iVE, Columbia Heights, M1V 55421 FOR DEPARTMENTAL tISE ONLY Officer(s) an Duty: Amount Received Off Duty: _ ~~ ~'~ 7 ~ ~ Date: --~ {~i--,-~? r 35 JUU..>V .NORTHEAST BANK THE GhtURGH qtr THE CQLUMBIA HEIGHTS, MN - 783-788-8351 MINNEAPOl1S, MN - 8i2-379-8811. tMMAGULATE G01dCEPTt~1N cddN RAPIDS, MN --783-764-3533 10/3/2008 ~~C. 4{}'30 JACKSON STREET, NE. YdilR INDEPENDENT CdMMUNiTY BANK CpLUMBIA HEIGHTS, MN 55421 17-13-910 0 pAY ,., THE City of Columbia Heights Police Dept. ~ ~ **735.84 p ORDER DF Five and 841100'~***'E*'`~***~~**'~****** *,~***~**************,~********~ m Seven Hundred Thirty- ' DoI_~aRS ,City of Columbia He'Ights Police Dept. ~ 559 Mill Street NE ~ CiaPumbia Heights MN 55421 1 ~~'/ MEMO AUFHORiZED StGNATUAE Fun Fest security n°0 306 361I° i.09 L000 L ~ 2~. 500a°:568 ~II° 1-tE CHURCH ®~ THE IMMACULATE C®IVCEPTIf~t~ City of Columbia Heights Police Dept. 10/3/2008 Date Type `Reference Original Amt. Balance Due Discount 8/12/2008 [ail) 2008-021 735,84 735,84 Check Amount Operations Checking Fun Fest security 30636 Payment 735.84 735.84 ~~~,t~d•~~~~ 735.84 r 36 Y x~ INVUICE ,- . Columbia Heights Palice Department Date: October 1, 2008 Invoice #: 2008-024 Customer Name: Unique Thrift Address: 2201 37th Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Security Detail - September 204$ Ot Request for: lOfficer/Shift Police Officers for: Security D~t~ ,~ , ~- _ Offer ~l il<~e te~~„hift'$~Total F H~r~/S~~ft~~c QT~~ate~,. 09/01/08 ,.,~..,~ Korts 0900-1200.. 3.~. ~~~~ , ".hrs.@ Premium OT rate $ . 202.20 Labor Day 09/01/08 Nightingale 1715-1930 2.25 hrs @ Premium OT rate $ 151.65 Labor Day 09/02/08 Banesteel 1215-1615 4 hrs @ OT rate $ 210.24 09/06108 Hanson 1200-1600 4 hrs @ OT rate $ 210.24 09/20/08 Hanson 1200-1600 4 hrs @ OT rate $ 210.24 BILLING INFORMATIDN Number of Officers: 5 Tata1 Hours: 17.25 20D8 Wage as $52.56 peY hour Total ]Dues $ 9$4m57 200& Premium Wage is $67.40 per hour Make checks payable to the Ciry of Columbia Heights Please mail payment to: City of Columbia Heights Potice 1?epartment, 559 Mill Street NE, Columbia Heights, MN 55421 FDR DEPARTIlIENTAL USE ONLY Officer(s) an Duty: Off Duty: Amount Received: ~ ~~ ~ ~~ Date: ~ ~ 3 ~..~ 37 ,~rvucC rceza~i, ~~L DATE INVOICE NO COMMENT LO/Ol/0$ 2008024 u.~ .~ yz~ AMOUNT DISCOUNT NET AMOUNT 984.57 .00 984.57 ~~'~ Ste' ~-. r i ,.,.. ew.'. ;.' ~.. , t. ~ ~ =F (+ q til ~. r,. ~...... i i ~ ~ . HECK: 011922 10/19/08 City of Columbia Heights REFERENCE: CHK TOTAL: APOGEE Retail, LLC 3080 Centerville Raad Aiiianoe Bank ~ctEle Canada, MN 55117 St. PauE, Minnesota 7 3 75-121-919 984.57 o~~g22 .a (651 } 7 -8077 0 0 N *NINE HUNDRED EIGHTY FOUR. DOLLARS AND 57 CENTS m G DATE AMOUNT ~ 10/19/08 *******984.57* ' PAY City of Columbia Heights TO c Police Department OR: ~ 559 Mill Street NE OF: Columbia Heights MN 55421 a _> U N -~"01L922ii' i.Ogi9012i5i.OC1056L1 660ii' r 38 ITaTV+DICE Columbia Heights Police Department Date: October 1, 2008 Invoice #: Customer Name: Columbia Heights High School Attn: Betty Thomas Address: 1440 49th Ave NE Columbia Heights, MN 55421 Home Phone: Work Phone: Request for: Police Officer Date Officer -Time 08/29/08 Aish 1830-2134 09112/08 Hanson 1730-2230 09/12/08 Bonesteel 1830-2200 09/19/08 Nightingale 1830-2130 2008-025 Police Officers far: Football 13rs/Shift ~; 09C rate- 51~rft $ Total-~ 3 hrs @ OT rate $ 15'7.68 4 hrs @ OT rate $ 210.24 3.S hrs @ OT rate $ 183.96 3 hrs @ OT rate $ 157.68 BILLING INFORMATION Number of Officers: 4 Hours: 13.5 2008 Wage as $52.56 per hou>" Totai Due: $ 709.56 Make checks payable to the City of Columbia Heights Please mail payment to: City of Colombia heights Police Department, 559 Mitl Street NE, Colombia Heights, IvIN 5542 f FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: Ao~ount Received: Off Duty: J~~ ~~ Date: 39 N0. 13 VENDOR NUMBER VEPIDOR NAME CHECK DATE CHECK N0. 08350 - 0 CITX OF COLUMBIA HEIGHTS 10/23/08 00136710 GATE - .. . .:IN`~~CICEIUMBER'. DESCRIPTION` '. ~; ,,PO NUMBER... ~ `AiViOUNT .0/20/08 2008-025 709.56 ~fD TO: CITX aF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HEIGIiTS, MN 55421 roTAf_ Afu~our~T ` ~" PAID 709.5& 40 II~TVOICE Columbia Heights Police Department Date: October 20, 2008 Customer Name: Mr. James Kotten Address: 16032 415E Street Becker, MN 55308 Home Phone: 1-763-261-9280 Invoice #: 2008-026 Work Phone: 320-255-4224 Request for: 1 Police Officer for Wedding Security ,. Date ` E3ffic~er ;. Tune. ; .. _,Hxs(Sluft, x ~T rate'', .Shift $ Total 1018/08 Sorenson 1300-1530 2.5 hrs G?a t)T rate $ 131.40 BILLING INFORMA TIDN Number of Officers: 1 Hours: 2.5 200$ Y~age is X52. Sf per hour Total Due: $131.40 Flease pay by CHECK ONLY made payable to the City of Columbia Heights Mail to: City of Columbia Heights Folice Department, 559 Mill Street NE, Columbia Heights, MN 55421 FOR DEPARTMENTAL USE ONLY Officer{s) on Duty: Off Duty: Amount Received: ~ ,~ (, ~~ Date: ~ () ~ ~~ 41 r rt s ~.- kri ~ ' ._ "t+ :errs.-~:L:r~e:... '~s. "~ ~~a`~swusesw+st~~.,,.,o,..T~a w~+etm~'~~ac~eu.s se JAMES T KOTTEN a'-a1s1° 18 0 7 iQ4773317854 ANA ICOTTEN 16032 - 41ST ST. ATE /~ -~~'-~--G (~ BECKER, MN 55308-8531 ~.Fr SwMhs.w.> J'bL.~ Y [~, an M4~ / ~ -~•~ ~y 5 0 c PiveSmrSaviaCxuar~k:rcee® usbank.COm :9:09i000022~d ~O4??33~? 64~~~b8 42 s ~V. COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meetin of: November 10, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Recreation & Library APPROVAL ITEM: Grant agreement with ISD #13 for BY: Keith Windschitl & BY: After-School Community Learning Grant M. Rebecca Loader DATE: NO: DATE: 10/31/08 Background: The Recreation Department and Library are requesting approval to enter into a grant agreement for funds awarded. by the After-School Community Learning Grant, administered by the Minnesota Department of Education, to Independent School District #13 (ISD #13). The same grant has been utilized in prior years, but the State Department of Education is now requiring a written agreement for the arrangement. The grant is for the purpose of providing certain youth academic and enrichment programs. These activities include, but need not be limited to: Recreation: • School Out Field Trips • Moonshoe Players • Wild Wednesdays • Theater in the Park • TNT • SPARKS • Adventure Days Library: • Meet the Azzthor residencies • Culture and the Arts activities • READ Dogs • Teen Summer Reading Program • Teachers 'Reading Time Eligible expenses incurred by the City Recreation Department to provide the above program activities will be reimbursed by ISD #13 quarterly, not to exceed the following: • $35,000 for the 2007-2008 school year • $35,000 for the 2008-2009 school year No matching funds are required. Eligible expenses incurred. by the City Library to provide the above program activities will. be reimbursed. by ISD #I3 quarterly, not to exceed the following: • $5,030 for the 2007-2008 school year • $5,030 for the 2008-2009 school year No matching funds are required. Recommended Motion: MOTION: Move to waive the reading of Resolution No. 2008-273, there being ample copies available to the public. MOTION: Adopt Resolution No. 2008-273, being a resolution authorizing Execution of Agreement with 5cnool llistr~ct tt I j. COUNCIL ACTION: 43 Resolution No. 2008-273 Authorizing Execution of Agreement With Independent School District #13 Be it resolved that the City of Columbia Heights will enter into a cooperative agreement with Independent School District #13 for funds awarded by the After-School Community Learning Grant, administered through. the Minnesota Department of Education. Mayor Gary L. Peterson and City Manager Walter R. Fehst are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Columbia Heights. Passed. this 1 Oti' day of November, 2008 Offered by: Second by: Roll Call: I certify that the above resolution was adopted by the City of Columbia Heights on November 10, 2008, Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk Date 44 PARTNER SUBGRANT AGREEMENT Columbia Heights Public Schools and the City of Columbia Heights Columbia Heights Public Schools (ISD #13), and the City of Columbia Heights (the City) have committed to partner with each other to reach stated goals set by the After-School Community Learning Grant awarded to ISD # 13 by the State of Minnesota, and for that purpose, ISD # 13 and the City form this written agreement. 1. Term The term of this agreement is November 1, 2007 to August 31, 2009. 2. Activities Described within the workplan/budget/grant application of the aforementioned state grant awazded to ISD #13 are certain youth academic and enrichment programs which the City of Columbia Heights agrees to provide through its Libra during the term of this agreement. These activities include, but need not be limited to: Meet the Author residencies, Culture and the Arts activities, R.E.A.D. Dogs program, Teen Summer Reading Program, and Teacher's Reading Time. The City will recruit and select all program participants according to criteria in the workplan/grant application of the aforementioned state grant awarded to ISD #13. The City strongly encourages participant referrals by ISD #13. 3. Amount of Subgrant Eligible expenses incurred by the City Libra to provide the above program activities will be reimbursed by ISD #13 quarterly, not to exceed the following: $5,030 for the 2007-2008 school year $5,030 for the 2008-2009 school year The amount offederally-sourced funds provided by ISD #13 in this agreement is $~0--, from CFDA number N/A. The required matching funds provided by the City under this agreement is $-0-. 4. Reporting and Record Retention The City will accurately invoice ISD #13 quarterly for reimbursement of eligible expenses, in sufficient detail to satisfy ISD #13. In addition, the City will provide ISD #13 with available demographic and program evaluation data necessary for ISD # 13 to complete required State Progress Reports in regard to activities provided by the City under this agreement. This will include information about project activities, accomplishments, progress toward goals, barriers and other data. Both ISD # 13 and the City must comply with the Minnesota Government Data Practices Act as it applies to data created, collected, received, stored, used maintained or disseminated under this agreement. The City must retain all supporting records such as timesheets, vendor invoices and participant lists in accordance with the City's state-approved record retention schedule. The City must make these records available for inspection by ISD #13 and its designees, including ISD #13's MN Department of Education grant representative, during normal business hours during the retention period. 45 5. Termination Either ISD #13 or the City may cancel this agreement at any time, with or without cause, upon written notice to the other parry. Upan termination, the City will be entitled to reimbursement for eligible expenses incurred through the date the termination notice is received, subject to the limitations in section 3 above. ISD #13 is not obligated to reimburse any expenses incurred after the date such notice is received by the City. Signed this l~ ~ day of ~ ~ , 2008 by: Agency Representative 46 City of Columbia Heights PARTNER SUBGRANT AGREEMENT Columbia Heights Public Schools and the City of Columbia Heights Columbia Heights Public Schoals (ISD #13), and the City of Columbia Heights (the City) have committed to partner with each other to reach stated goals set by the After-School Community Learning Grant awarded to ISD #13 by the State of Minnesota, and for that purpose, ISD #13 and the City form this written agreement. 1. Term The term of this agreement is November 1, 2007 to August 31, 2009. 2. Activities Described within the workplan/budgetlgrant application of the aforementioned state grant awarded to ISD #13 are certain youth academic and enrichment programs which the City of Columbia Heights agrees to provide through its Recreation Department during the tem7 of this agreement. These activities include, but need not be limited to: School Out Field Trips, tLioonshoe Players, Wild Wednesdays, Theater in the Park, TNT, SPARKS, and Adventure Days. The City will recruit and select all program participants according to criteria in the workplan/grant application of the aforementioned state grant awarded to ISD #13. The City strongly encourages participant referrals by ISD #13. 3. Amount of Subgrant Eligible expenses incurred by the City Recreation Department to provide the above program activities will be reimbursed by ISD #13 quarterly, not to exceed the following: $35,000 for the 2007-2008 school year $35,000 for the 2008-2009 school year The amount of federally-sourced funds provided by ISD #13 in this agreement is $$=0--, from CFDA number NIA. The required matching funds provided by the City under this agreement is ~-0-. 4. Reporting and Record Retention The City will accurately invoice ISD #13 quarterly for reimbursement of eligible expenses, in sufficient detail to satisfy ISD #13. In addition, the City will provide ISD #13 with available demographic and program evaluation data necessary for ISD #13 to complete required State Progress Reports in regard to activities provided by the City under this agreement. This will include information about project activities, accomplishments, progress toward goals, barriers and other data. Both ISD #13 and the City must comply with the Minnesota Government Data Practices Act as it applies to data created, collected, received, stored, used maintained or disseminated under this agreement. The City must retain all supporting records such as timesheets, vendor invoices and participant lists in accordance with the City's state-approved record retention schedule. The City must make these records available for inspection by ISD #13 and its designees, including ISD #13's MN Department of Education grant representative, during normal business hours during the retention period. 47 5. Terminatian Either ISD #13 or the City may cancel this agreement at any time, with or without cause, upon written notice to the other party. Upon termination, the City will be entitled to reimbursement for eligible expenses incurred through the date the termination notice is received, subject to the limitations in section 3 above. ISD #13 is not obligated to reimburse any expenses incurred after the date such notice is received by the City. Signed this l6 ~' day of ~ ~S~-~~ , 2008 by: Agency Representative 48 City of Columbia Heights CITY COUNCIL LETTER Meeting of : November 10, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: Establish John P. Murzyn Hall rental rates BY: Keith Windschitl BY: for 2010 Recreation Director NO: DATE: 11./4/08 BACKGROUND The Columbia Heights Park and Recreation Commission unanimously approved the 2010 Murzyn Hall rental rates at their meeting on October 22, 2008. Staff has recommended rental rates for 201.0 remain the same as they are for 2009. There was an increase in the hourly charge for the security officer. For 2009 the rate was $23/hour and for 2010 staff has recommended $24/hour. The other two changes that would take place immediately would be a $50.00 late fee for special orders that take place within the week prior to the event. This would be to cover staff costs for travel to get additional linens or pop. Staff also has recommended a seven hour maximum for meeting room rentals. This would make single room rentals more profitable or at least minimize the staff costs to cover the event. A copy of the proposed rental rates for 2010 is attached. RECOMMENDED MOTION: Move to adopt the 2010 aohn P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of October 28, 2008. COUNCIL ACTION: ADMIN\CC I ORATE 49 JOHN P. MURZYN HALL RENTAL RATES Rentals in 2009 will pay the 2009 rates, and rentals in 2010 will pay the 2010 rates. RENTAL INFORMATION 2009 RATES (Sun -Fri) (Saturda) 2010 RATES (Sun -Fri) (Saturda ) Hall/Kitchen/LaBelle Loun a $960.00 $1,195.00 $960.00 $1,195.00 Hall $735.00 $845.00 $735.00 $845.00 Kitchen $125.00 $140.00 $125.00 $140.00 LaBelle Loun e $220.00 $255.00 $220.00 $255.00 Gauvitte Room $175.00 $195.00 $175.00 $195.00 Prestemon Room $175.00 $195.00 $175.00 $195.00 Edgemoor Room $175.00 $195.00 $175.00 $195.00 Ke es Room $175.00 $195.00 $175.00 $195.00 Maithaire/McKenna Room $250.00 $285.00 $250.00 $285.00 Senior Center $250.00 $285.00 $250.00 $285.00 Down Pa ment (non-refundable) $500 / $100 $500 / $100 $500 / $100 $500 / $100 Dama a De osit refundable $500 / $250 $500 / $250 $500 / $250 $500 / $250 Securit Officer De osit $150.00 $150.00 $150.00 $150.00 Communit Service Officer/hour $23.00 $23.00 $24.00 $24.00 Pop/C02 Char a $100.00 $100.00 $100.00 $100.00 Early Ent Fee" $60.00 $60.00 $60.00 $60.00 Custodial Char a er hour $25.00 $25.00 $25.00 $25.00 Events Lastin 2 hours or less 50% N/A 50% N/A Events Lastin 4 hours or less 25% N/A 25% N/A Hei hts Resident Discount"* 25% 25% 25% 25% All JPM rentals end at 1:00 a.m. An $80.00 late fee will be assessed every 30 minutes after 1:00 a.m. " Subject to approval by Recreation Director and/or Park & Recreation Commission. ''* Columbia Heights Resident discount is exclusively limited to the renter or their parents. All rentals are required to use the in-house pop dispensers behind the bar. Single room rentals have a maximum rental time of 7 hours. Linen and Napkin rental is available upon request. 2008 Prices are as follows: White or Ivory Linens $7.00 per hall table (60" rounds and 8' x 2 1/2' banquet tables) $3.50 per bar table $ .50 per napkin (various colors available) Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. Tax additional. A $50 Service Charge may apply to special orders made within the week prior to the event. White Melamine Dinnerware, Silverware and Plastic Tumblers are available for a rental fee of $50 plus tax per rental. Saturday rentals may decorate on the Friday before their event from 10:00 am - 4:30 pm fora $150 fee. This reservation can only be made if the hall is available within 2 weeks of the rental date. 50 CITY COUNCIL LETTER Meeting of :November 10, 2008 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ITEM: City Newsletter Printing Quotations for 2009- BY: Keith Windschitl BY: 2010 DATE: November 4, 2008 NO: BACKGROUND: Staff has obtained price quotes for printing and mailing the 2009-2010 quarterly "Heights Happenings" city newsletter. Price quotes were requested from several printing companies. As directed by Council, the bid request was for a black and white price quote and frill color price quote, which is currently being used. Below are the price quotes that were received by the Recreation Department. Staff feels that positive comments have been received on the brochure since the full color improvements were implemented. Company 24-Page Black/White 24-Page Full Color Rapid Graphics - Columbia Heights $8,146.00 $11,445.00 N strom Publishin - Ma le Grove $4,882.73 $7,266.73 Accurate Press, Inc. -New Brighton $6,527.00 $9,975.00 Custom Business Forms - Mpls. $6,108.88 $7,615.38 CONCLUSION: Staff is recommending that we continue to use full. color and that we award the low responsible quote of $7,266.73 per quarter for the printing, publishing, and distributing of the City newsletter to Nystrom Publishing located in Maple Grave. Nystom Publishing is a very good company and has done our newsletter in years past. The yearly cost for a 24-page newsletter would be $29,066.92. A total of $26,500.00 has been budgeted in account 101-45050-3440 for editing, printing and mailing City newsletters. RECOMMENDED MOTION: Move to enter into an agreement with Nystrom Publishing for printing, publishing, and distributing the City newsletter based upon their proposal. of $7,266.73 per issue for four publications in 2009 and four publications in 2010; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: 51 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November l0, 2008 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approval of a resolution requesting BY: Jeff Sargent, City Planner BY: additional time within which to complete the DATE: November 5, 2008 Comprehensive Plan Review. BACKGROUND: Upon completion of the Comprehensive Plan draft, a municipality shall submit a copy of the draft to all abutting jurisdictions for approval. For the City of Columbia Heights, these jurisdictions include the City of Hilltop, the City of Fridley, the City of New Brighton, the City of Minneapolis, the City of St. Anthony, the Rice Creek Watershed District, and Independent School District #13. These jurisdictions may use up to six months for their review. The City of Columbia Heights has only recently completed the draft to the 2030 Comprehensive Plan Update. For this reason, the City needs to request additional time from the Metropolitan. Council in the form of an approved Resolution. The reasons for the delay in achieving prompt completion of the draft are included in the resolution, and include: l . New staff coming on board who needed to get up to speed and be part of the initial goal setting, which was delayed due to the new staff. 2. Responding to the large housing crisis with the rental and foreclosure issue. Because t11e draft plan is complete, the additional requested time is only to accommodate the jurisdictional review. The City can ask each jurisdiction to reply to the proposed plan quickly, as to not utilize a full 6-month period. RECONIlI~NDED MOTION: Move to waive the reading of Resolution 2008-278, being ample copies available to the public. Move to adopt Resolution 2008-278, being a resolution approving the request of additional time within which to complete the Comprehensive Plan review obligations for the City of Columbia Heights. Attachments: Resolution 2008-278 COUNCIL ACTION 52 RESOLUTION N0.2008-278 RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVIEW OBLIGATIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and their fiscal devices and. official controls at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and offcial controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decemlial" reviews by December 31, 2008; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the "decennial" review and amendments; and WHEREAS, any extensions granted by the Metropolitan Council must include a timetable and plan for completing the review and amendment; and WHEREAS, the City will not be able to complete its "decennial" review by December 31, 2008, for the following reasons: 1. New staff coming on board who needed to get up to speed and be part of the initial goal setting, which was delayed due to the new staff arrival. 2. Responding to the large housing crisis with the rental and foreclosure issue. 3. The draft plan is complete and the additional requested time will be allotted for jurisdictional review. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and. submit to the Metropolitan Council for review an updated comprehensive plan and amend its fiscal devices and official controls. NOW, THERFORE, BE TT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The City Manager is directed to submit to the Metropolitan Council no later than November 1, 2008, an application requesting an extension. to May 29, 2009. 2. The City Manager must include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by May 29, 2008; and (b) the review and amendment of the City's fiscal devices and official controls. Passed this 10`" day of November, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 53 CLTY COUNCIL LETTER Meeting of November 10, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: November 4, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for November 10, 2008. COUNCIL ACTION: 54 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name 10083 Professional Property Mgmt LLC 10168 City Central LLC 10186 Lundgren Properties LLC 20254 Crystal Corporation 20141 Laura Alarcon 30015-NC Eric Anderson 20097 Anthony Brown 12031 Thomas Brownrigg 10048 Allan Butler 20105 Aren Dela 10025 Gudina Hambissa 10053 David Hodgman 10166 David Jones 20060 John Majewski 10192 Svitlana(Lana) Moore 10161 Bernie Nelson 10214 Jason Rowe 10106 Walter Sentyrz 10093 Leland Stanch 20122 Joesph Tohey 10218 Thomas Wasik Property Address 4000 WASHINGTON 411 Summit 4715 CHATHAM 1349 CIRCLE TERRACE 4555 WASHINGTON 3947 Tyler 4056 5TH 4008 CLEVELAND 4308 6TH 3807 PIERCE 548 Lomianki 4047 6TH 4111 5TH 4995 Tyler 3911 VAN BUREN 3911 ULYSSES 1843 39TH 3721 VAN BUREN 4311 Royce 840 50TH 999 41ST 11 /04/2008 15:03 ~s Page 1 CITY COUNCIL LETTER Meeting o£ November 10, 2008 AGENDA SECTION: ORIGINATING DEPT`.: CITY MANAGER N0: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: N0: DATE: Nov. 5, 2008 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 10, 2008 Council meeting. This agenda consists of applications for Contractor licenses for 2008 as well as the renewals of Business Licenses for 2009 as listed. 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. RECOMIVIENDED MOTION: Move to approve the items as listed on the business license agenda for November 10, 2008 as presented regarding the licenses for 2008 and 2009. COUNCIL ACTION: 56 TO CITY COUNCIL November 10, 2008 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES (2008) BLDG M & S Plumbing Speedy Signs & Graphics *Crock's Plumbing Inc *Fore Mechanical Inc *Dean's Professional Pl 23581 Heatler St. St Francis $60 2323 37th Place, Columbia Hts $60 9037 Archer Ct No, Maple Grove $60 3102 103`d Lane NE, Blaine $60 21301 County Rd 81, Rogers $60 TEMPORARY LIQUOR LICENSE FOR 2008 POL *Immaculate Conception 4030 Jackson St, Col. Hts $100 (for Nov 23, 2008) ****LICENSES FOR 2009**** GAMES OF SKILL POLICE *American Amusements 2100 96th St W, Bloom $330.00 For Star Bar and Mady's *Theisen Vending 4315 Central Ave $ 75 For LaundryWorld LIOUOR LICENSE POL, F,BLDG,ZA Star Central 4005 Central Ave $8,200* *Mady's Bowling Ctr. 3919 Central Ave $6,700 CLUB LIQUOR POL, F, BLDG,ZA *Columbia Hts. Lions Club 530 Mill St. $300 * VFW #230 4446 Central Ave $500 TEMPORARY BEER LICENSE 2009 POL,F,BLDG,ZA *Columbia Hts Lions Club 530 Mill St. $400 For 3amboree events June 25-28, 2009 CIGARETTE SALES POLICE *Jerusalem Mkt. 4945 Central Ave $300 *Hot Market 5011 University Ave $300 Elshima Inc/Pyramids 4921 Central Ave $300 Sarna's Superette Inc 4329 Central Ave $300 Jeffs, Bobby & Steves 3701 Central Ave $300 *RBF LLC dba Rainbow 4300 Central Ave $300 *Yafa Pizza/Deli 4110 Central Ave $300 *Totem Foods 4635 Central Ave $300 *Speedway SA 5000 Central Ave $300 57 SECOND HAND DEALER POL, F, BLDG, ZA *Apogee Retail/Unique Th. 2201 37th Ave NE $100 *Salvation Army ARC 3929 Central Ave NE $100 *Savers Inc. 4849 Central Ave NE $100 WINEBEER LICENSE POL,F,BLDG,ZA *Nalapak 4920 Central Ave $2,000 COURTESY BENCHES US Bench Corp 3300 Snelling Ave, Mpis $450 FUEL DISPENSING DEVICES FIRE *Speedway SA 5000 Central Ave $140 *Lowells Auto Service 4457 University Ave $100 *University Auto Ser 5257 University Ave $ 80 MASSAGE BUSINESS/INDIVIDUAL POLICE *JD Massage Co 4421 2°d St $500/$100 BEER LICENSES POL/F/BLDG/ZA Dick's Place - On & Off 547 40th Ave $400/$150 Speedway SA -Off Sale 5000 Central Ave $150 Sarna's Superette-Off Sale 4329 Central Ave $150 RBF LLC dba Rainbow 4300 Central Ave $150 *Totem Foods 4635 Central Ave $150 58 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: November 10, 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 127901 through 128102 in the amount of $ 1 213 907.23 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 59 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/06/2008 14:22:03 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.......ll/10/2008 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 127901 thru 128102 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 Ol P4 Y S 6 066 10 Y Y 60 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT UNIVERSAL TITLE COMPANY 127901 133,178.82 ABLE HOSE & RUBBER INC 127902 119.91 ADI-ADEMCO DISTRIBUTION 127903 292.15 ALL SAFE ALARMS 127904 744.17 AMERIPRIDE INC 127905 138.00 ANDERSON ELECTRICL CNTRC 127906 919.00 ASPEN MILLS, INC. 127907 82.45 BAUER BUILT TIRE & BATTE 127908 69.67 BELLBOY BAR SUPPLY 127909 2,562.86 BONESTEEL/PAUL 127910 32.53 BRAY/LIZ 127911 101.10 BUETOW AND ASSOCIATES IN 127912 8,433.75 BURBANK/KRISTINA 127913 279.72 BURNET TITLE 127914 152.32 CAPITOL BEVERAGE SALES L 127915 12,316.48 CHISAGO LAKES DISTRIBUTI 127916 5,244.24 CLARK/SCOTT 127917 31.22 COMMERCIAL ASPHALT 127918 1,723.36 COOKE CO/J P 127919 57.80 D ROCK CENTER 127920 60.71 DANIMAL DISTRIBUTING INC 127921 298.68 EMERGENCY AUTOMOTIVE TEC 127922 90.74 EXTREME BEVERAGE 127923 571.50 FAUE/WAYNE 127924 308.88 G & K SERVICES INC 127925 49.41 GENUINE PARTS/NAPA AUTO 127926 248.76 GRAPE BEGINNINGS INC 127927 1,294.50 GRIGGS-COOPER & CO 127928 51,550.40 H & L MESABI 127929 889.24 HD SUPPLY WATER WORKS 127930 909.00 HEINRICH ENVELOPE CORP 127931 165.37 HEITMAN GROUP/T,PEARSON 127932 74.62 HOHENSTEINS INC 127933 5,065.40 INDEPENDENT SCHOOL DIST 127934 121.60 INSTY PRINTS 127935 170.56 INTERBANK 127936 63.42 IPMA - ASSESSMENT SERVIC 127937 80.00 JAMA/ABDI M 127938 62.35 JJ TAYLOR DIST OF MN 127939 36,437.48 JOHNSON BROS. LIQUOR CO. 127940 54,532.44 JOHNSON/LINDA 127941 500.00 KANDI KOUNTRY INC 127942 66.75 LANDWEHR CONSTRUCTION IN 127943 250,752.50 MAC QUEEN EQUIPMENT CO. 127944 1,860.00 MARK VII DIST. 127945 14,646.95 MARSHALL CONCRETE PRODUC 127946 $9.46 MENDOZA/APOLINAR 127947 214.25 61 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT MIDWAY FORD 127948 848.09 MINERAL SERVICE PLUS LLC 127949 6,349.00 MISKOWIEC/NORMAN 127950 49.39 MN DEPT OF TRANSPORTATIO 127951 225.00 MN POLLUTION CONTROL AGE 127952 750.00 MN RURAL WATER ASSOC 127953 200.00 MOELLER/KAREN 127954 225.00 MORALES/LIZETH 127955 394.47 NEEDHAM DISTRIBUTING CO 127956 783.10 NEOPOST INC 127957 101.30 OFFICE DEPOT 127958 48.65 OLSON/KAREN 127959 25.20 PAT KERNS WINE MERCHANTS 127960 181.75 PAUSTIS & SONS WINE COMP 127961 7,582.92 PETTY CASH - KAREN MOELL 127962 159.53 PHILLIPS WINE & SPIRITS 127963 5,869.39 QUALITY WINE & SPIRITS 127964 1,778.99 QWEST COMMUNICATIONS 127965 40.52 ROSEDALE CHEV 127966 351.91 RUIZ FLORES/DAVID 127967 12.16 S & T OFFICE PRODUCTS IN 127968 586.11 SHAMROCK GROUP-ACE ICE 127969 528.80 SHORTSTOP ELECTRIC INC 127970 2,155.00 SPRINT INC 127971 163.96 STAPLES BUSINESS ADVANTA 127972 58.95 STREICHER'S GUN'S INC/DO 127973 72.95 SUN PUBLICATION INC 127974 433.13 T-.MOBILE INC 127975 244.03 THELEN INC 127976 448.58 TODD/BLAKE & TIFFANY 127977 97.29 TRUCK UTILITIES COMPANY 127978 1,144.06 TWIN CITY HARDWARE 127979 492.08 UNITED RENTALS 127980 5,333.36 VERIZON WIRELESS 127981 75.27 VINOCOPIA INC 127982 598.00 WELLS FARGO BANK 127983 6,256.20 WERNER ELECTRIC SUPPLY C 127984 128.31 WINE MERCHANTS 127985 289.87 WINKER/JAMES 127986 240.20 XCEL ENERGY (N S P) 127987 972.18 Z WINES USA LLC 127988 585.00 AGGREGATE & READY MIX OF 127989 280.00 AMERICAN BOTTLING COMPAN 127990 410.15 BELLBOY CORPORATION 127991 4,109.71 BLUEMELS TREE SERVICE 127992 6,542.42 BRECKENITCH/LAURIE 127993 57.34 CAPITOL BEVERAGE SALES L 127994 17,514.05 62 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CENTER POINT ENERGY 127995 911.74 CHISAGO LAKES DISTRIBUTI 127996 7,605.60 CITY OF COLUMBIA HEIGHTS 127997 119,307.73 DEX MEDIA EAST LLC 127998 558.10 FIRST STUDENT INC 127999 259.78 FLUEGGE/MICHAEL D 128000 300.00 HANSON/ERIK 128001 40.73 HOHENSTEINS INC 128002 2,241.20 IPC PRINTING 128003 35.10 JOHNSON BROS. LIQUOR CO. 128004 8,326.88 MARCO, INC 128005 28,132.37 MN CHIEFS OF POLICE ASSO 128006 445.00 MN DEPT OF ADMINISTRATIO 128007 511.10 MOELLER/KAREN 128008 103.87 NEEDHAM DISTRIBUTING CO 128009 292.90 NEXT DAY GOURMET 128010 33.43 ORCHARD TRUST COMPANY 128011 5,314.37 ORTIZ/PABLO 128012 61.26 PETTY CASH - CAROL BROER 128013 67.42 PETTY CASH - KAREN OLSON 128014 114.96 PETTY CASH - LIZ BRAY 128015 92.75 PHILLIPS WINE & SPIRITS 128016 7,091.08 POSTAGE BY PHONE RESERVE 128017 6,000.00 QUALITY WINE & SPIRITS 128018 31,434.02 QWEST BUSINESS SERVICES 128019 25.93 RICOH AMERICAS CORPORATI 128020 676.36 STEFFEN/DEBORAH L 128021 109.44 STREICHER'S GUN'S INC/DO 128022 1,189.18 T-MOBILE INC 128023 110.56 TUBBS/MARSHA 128024 10.35 XCEL ENERGY (N S P) 128025 16,804.14 ACE HARDWARE 128026 30.83 AID ELECTRIC SERVICE INC 128027 1,235.16 AMERICAN PUMP COMPANY 128028 3,962.07 AMERIPRIDE INC 128029 84.57 ANCOM COMMUNICATIONS INC 128030 3,590.15 ANGSTROM ANALYTICAL INC 128031 650.00 ANOKA COUNTY LIBRARY 128032 3,731.59 ASTLEFORD INTERNATIONAL 128033 93.99 BAKER & TAYLOR 128034 1,666.45 BATTERIES PLUS 128035 127.69 BIFF'S,INC. 128036 1,193.74 BRAUN INTERTEC CORP 128037 5,141.29 BUILDING FASTENERS 128038 53.93 CATCO PARTS SERVICE 128039 18.65 CDW-G INC 128040 3,135.02 CENTRAL LOCK & SAFE 128041 20.00 63 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT CERTIFIED APPLIANCE RECY 128042 20.00 CHEMSEARCH 128043 329.44 CINTAS FIRST AID-SAFETY 128044 431.78 CLARK PRODUCTS INC 128045 1,371.70 COLUMBIA HEIGHTS RENTAL 128046 78.47 COORDINATED BUSINESS SYS 128047 1,117.69 DAVES SPORT SHOP 128048 36.21 DEEP ROCK WATER COMPANY 128049 121.10 DEMCO MEDIA 128050 47.49 DU ALL SERVICE CONTRALTO 128051 5,747.42 EBSCO PUBLISHING 128052 3,204.64 EHLERS & ASSOCIATES INC 128053 138.75 EMBROIDERY & MORE 128054 133.00 FACTORY MOTOR PARTS INC 128055 21.30 FIRST NATIONAL INSURANCE 128056 1,000.00 FLEX COMPENSATION, INC 128057 194.25 G & K SERVICES INC 128058 881.64 GENUINE PARTS/NAPA AUTO 128059 102.65 GOODIN CO. 128060 75.60 GOGGLE INC 128061 2,250.00 GREEN LIGHTS RECYCLING I 128062 118.37 HEIGHTS BAKERY 128063 27.85 HOME DEPOT #2802 128064 5.81 IDEAL ADVERTISING INC. 128065 216.00 INTEGRATED LOSS CONTROL 128066 378.00 JOHNSON/JOEL RAYMOND 128067 60.00 JOHNSTON/TROY 128068 372.75 LEAGUE OF MN CITIES INS 128069 53,519.00 MAC QUEEN EQUIPMENT CO. 128070 262.44 MEDICS TRAINING INC 128071 400.00 MENARDS CASHWAY LUMBER-F 128072 541.25 MIDWEST ASPHALT CO. 128073 182,962.12 MINNEAPOLIS SAW CO INC 128074 66.16 MN CHIEFS OF POLICE ASSO 128075 960.00 NEXTEL COMMUNICATIONS 128076 40.99 NFPA INTERNATIONAL 128077 168.95 NORTHEAST TREE INC 128078 1,033.05 NORTHERN FACTORY SALES I 128079 106.50 OFFICE DEPOT 128080 276.95 OFFICE SUPPLY CONNECTION 128081 76.00 ORKIN INC 128082 68.60 PEOPLE WEEKLY 128083 116.07 QUANTUM CORPORATION 128084 1,294.00 RANDOM HOUSE, INC 128085 604.00 ROSEDALE CHEV 128086 205.32 ROYAL TIRE 128087 2,059.38 RYDBERG/SCOTT 128088 45.00 64 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT S & T OFFICE PRODUCTS IN 128089 700.44 SCHOLASTIC LIBRARY PUBLI 128090 144.30 SECURE ITNET INC 128091 1,980.87 SECURITY FENCE & CONSTRU 128092 17,632.00 SHERWIN WILLIAMS 128093 127.69 STANWAY EXCAVATING 128094 702.90 T-MOBILE INC 128095 18.49 TESSMAN CO 128096 92.34 THOMSON GALE 128097 98.11 U.S. BANK 128098 2,000.00 UPSTART- DIVISION OF HIG 128099 38.70 WHOLESALE TRUCK-TRLR PR 128100 147.58 WOODWORTH/JUDY M 128101 133.75 WSB & ASSOCIATES INC 128102 412.00 1,213,907.23 *** 65 ACS FINANCIAL SYSTEM 11/06/2008 14 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 11/10/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,213,907.23 RECORDS PRINTED - 001177 66 ACS FINANCIAL SYSTEM 11/0 6/2008 14:22:06 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 71,904.11 201 COMMUNITY DEVELOPMENT FUND 224.02 203 PARKVIEW VILLA NORTH 20.45 212 STATE AID MAINTENANCE 842.74 225 CABLE TELEVISION 27,59 240 LIBRARY 11,774.32 261 AFTER-SCHOOL PROGRAMS 405.52 401 CAPITAL IMPROVEMENTS 14,877.00 410 SHEFFIELD REDEVLPMNT NON-TIF 133,178.82 411 CAPITAL IMP-GEN GOVT. BLDG 18,941.37 412 CAPITAL IMPROVEMENT PARKS 5,891.29 415 CAPITAL IMPRVMT - PIR PROD 174,854.91 417 PUB SAFETY BLDG CONSTRUCTION 267,690.25 420 CAP IMPROVEMENT-DEVELOPMENT 7gg,75 436 CAPITAL EQUIP REPLACE-LIQUOR 1,888.52 601 WATER UTILITY 6,302.15 602 SEWER UTILITY 2,426.67 603 REFUSE FUND 929.00 604 STORM SEWER UTILITY 286.52 609 LIQUOR 291,008.05 639 LIQUOR FUND DEBT SERVICE 2,000.00 651 WATER CONSTRUCTION FUND 7,719.17 701 CENTRAL GARAGE 14,982.59 720 DATA PROCESSING 5,555.01 881 CONTRIBUTED PROJECTS-REC 45.86 883 CONTRIBUTED PROJECTS-OTHER 7,2p 884 INSURANCE 54,519.00 885 PAYROLL FUND 124,622.10 887 FLEX BENEFIT FUND 194.25 TOTAL ALL FUNDS 1,213,907.23 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 1,213,907.23 TOTAL ALL BANKS 1,213,907.23 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 67 CITY COUNCIL LETTER Meeting of November 10, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NC: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: November 3, 2008 DATE: NO: 08-274 to 08-275 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-274 - 1731-33 37`" Avenue 2008-275 - 4544-46 Fillmore Street 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 2008-274, and 275 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-274, and 275 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. COUNCIL ACTION: 68 RESOLUTION 2008-274 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 John Boerger (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1731-33`" 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 October 16, 2008 of an public hearing to be held on November 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 September 10, 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 October 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 31, 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. 1731 -Shall repair the kitchen drawer that is broken 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 F9249 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 69 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 ~o RESOLUTION 2008-275 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 Kyle D. Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544-46 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 23, 2008 of an public hearing to be held on November 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 I . That on September 1 I, 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 October 23, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 29, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that five violations remained. uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall replace all missing storm windows on the building b. Shall repair the shed in the backyard that has the doors missing and siding coming off. c. Shall repair the railing going up the stairs to the front door that was missing the wood rails d. Shall repair the missing storm door closer on the upstairs side door e. Shall repair the kitchen floor that is peeling in the upstairs unit 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 71 license number F9160 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: Ro11 Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY COUNCIL LETTER Meeting of November l 0, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: November 3, 2008 DATE: NO: 08-276 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2008-276 - 961 37t" Avenue 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 2008-276 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2008-276 being a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACT10N: 73 RESOLUTION 2008-276 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 Citi Residential Lending (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 37`'' Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 1I, 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 October 16, 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 8, 2008 an inspection was conducted on the property listed above. inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 16, 2008 inspectors re-inspected the property listed above. inspectors noted that eight 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 eight 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 privacy fence gate that is torn apart B. Shall replace the dryer vent cover on the rear of the house that is broken C. Shall replace all missing screens in the windows D. Shall replace all missing downspouts on the gutters E. Shall repair or replace the soft overhang in the rear that is falling down F. Shall repair the garage where it has been hit G. Shall install sad or seed, or approved landscaped material on the large bare area west of the driveway H. Shall repair, or replace the deteriorated driveway 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 961 37`" Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 74 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 The property located at 961 37t" 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. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting Date: November 10, 2008 AGENDA. SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: IS` reading of proposed Ordinance BY: Sheila Cartney BY: #2008-1559 Abandoned Property DATE: 11/03/2008 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 property 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. At the October City Council Worksession the draft abandoned property ordinance was discussed. In general the Council agreed with the ordinance but suggested some specific changes, the following changes have been made: 1. Definitions: City Council is the Board of Appeals 2. Declaration of Abandoned Property: Utility Service shut off pursuant to delinquent billing/payments 3. Issuance of New Certificate of Occupancy with Cash escrow: Financial Guarantee for the escrow 4. Cash escrow, bond or similar financial guarantee 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 November 24, 2008 at approximately 7:00 pm for the 2na 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 set a Public Hearing for the 2na Reading of Ordinance No. 1559 for approximately 7:00 pm on November 24, 2008. Attachments: Proposed Urdmance 155N, lnspectlon cnecKUSt, Kesearcn mto COUNCIL ACTION 76 ORDINANCE NO. 1559 AN ORDIANCE AMENDING THE CITY OF COLUMBIA HEIGHTS CODE BY ADDING LANGUAGE ESTABLISHING ABANDONED PROPERTY Chapter 5B. Abandoned Property Article 1. Purpose and Definitions Section 1: 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 City Code. 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. 7e Immediate Hazard: A condition, structural failure, or defect that is likely to cause immediate injury to a person or property if not corrected. 8. Property.• 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: Investigation. The Code Official, or designee, shall be responsible for the investigation of all properties or complaints concerning vacant or abandoned property. 77 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. 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 I :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. I. 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 Occupancv with Financial Guarantee. 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, bond or similar financial guarantee 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 4: Administration Section 1: Application & Inspection 78 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. 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 5: 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 6: 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 7: 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 79 VacangA6andonad P~opaxty Roglstratlon Dats6ase C{t State Contact OveraooD De dmeN Ordinance Tllie CI Code Ordinance Deacrt llon Pro ram Webslte Pro ram Notes Chula Yrsm CA mug Leeper Planning and Ougdhp AbeMoned Ordinance Na.3000 An aberMoned resldentialproparty is: dafeulied residenilal property vdgch mortgage lendws hove mnfrrtied Wvw.ci.chula-vleta.cq.us Code EMOrcement Manager, Deperlmenl Reslden0al CV61,C 15.GOAbandoned VBterll. Gty of Chute Vlsla Properly Proprom ResMen8al Properly Regis0afion PenaWea: dleapw~d.chula•visfe.m.us • Wipiin 10 days the mvnor must mrerdse Iho abantlonment dauso in Neh modgage roosted. (051)906.0274 •Owaer miss regleiw fio propwiywilh the dry and pay amual $70 tea. • Owner mull inanedslety begin b secure and mahlaln the properly to the nolghbahmd smndard. • OvaH!r mrrst hhe a bcei mmpwry h irrsped the properly on a weekly beds, • The properly must be posh vdih iha name and 2A-Iww caniecl nrmberor the mmparq• responsible for Iho eky hspecaw6 maintenance end sowully of the pmpedy. Dosed Fbl SprMgs CA PlenMng Dh4ebn Planning Diviebn Abandoned Tiga 9, Chapter tOD An abandanod property ls:apraperty hat is vapMard is undw cLVrani no0ce of default arsub(ettm wslaek htiP:/hvwur.desert-hot- F.naclod Apri12,2~B. Modebdm Realden9al sate, or pending lien sale,nin dead uansfar ingeu of lwedosarefsele. anrinos.us! pmprams (n Chicago, Delroh, and Chula p60)329.8411-ex1.260 Properly Vlsla. Regie6alion Penatry: Ordhenra • Wfmn lender sends Iho feel notice of defeWl Iho lender amat Insped the propody to sea if (l k ocwpled. • II II Is not Bra landw mull hhe a properly management canpmry w4fiin 5 mitos of the property w maintain Iho home. • The properly msn~emanl company must hspecl the propertyvmekty to ensure 0s mmpliance wish anY codes, • Lwldam must no0ty city wghln 70 days al a home pobg Into lorechsura. • Tike hddwmusi pay amass tae or$60. • Tne pmperly mull be posted vnm Iho name e~ 24-twat canNd number of the properly management Waehhglon iK DaparmcentdConsumorantl OepeNnanl of ConsanceraM Veranl Property DC Code 4Y-3131.12 Avaranl properly N:aproperly has bean unaocupled bremtnimum or 30 consealive days. +vww.dcra.washinglondc.gov Enaded December 28, 2008. Imgviduebs Regulatory Ageks RepubforyMebs Re Istmibn can repod vacant pmpedlas by sanding e Ordmonca Penalties: form (ardlabte on websiie) to fie dly. The (202) 442-4332 •Owrer must regisiar property aanuegy. property Is Oren Irwpected far code • Owner must pay replsira8on fee of $20 x the nunber raeWential & mlanerdel untie on Na properly Canpflmlro. • Vacant resitlenihl pmperlhs era lazed a15.7 times iha cote of eccupled proper8ea. Vamnl commercld propw0es are coxed at 2.7 Omes Ile cote of stapled proper0es. • Owner must bring buiMitg to code canpNance. • If the ownwdoes rwi brag lluf bugdbg to mmp6anca ~tiAhas fie au,wtty to abate the vldailan antl recoverlha hxxls by pladnp a Ilan on the property. • Cltycan adMnlsiw fines up to $2000 andtell lima up l0 90 days for unre0labrad and namm~spliant propeNes. Wiminglan CE Dapanmanl of Licenses and Daperimani of Lcenses and Vacant Properly Chaiger 4, §4.27,125.0 el seq. Avacanl property Is: a buikgng thst have been vacant far more then rely-hve (45) consecutive days. www.cl.wilmingion.de.ga Passed In 7960s end revised (n 2009, the Inspedtom InspeGions Rag6sbatiws Fee $26 annuM fee was replaced vdih anant Praprem Penalties: toe schedUre. City estimates fiat widgn fire) (302) 57&3096 •Ownor must registw his or bar properly. three years a8w iha reNelon vacant • 04awr must pay a regiebation be hr each properly fiat has been vacant Iw ai leas! one (1) year. propety ownws spans $90 mdion an • If owner fags io reghler elivacenl propedbs, to snood the regisimfion slalenreM Ir applkaMa, ar pay the renovallanc and reacapled 900 vacant regkhaibn tee the dry may insahde alminal pmmedngs against iha ovmardihe property, hcxrding a bulldogs. polen8d 6ne of $5~. h eddllon, Ore dly stay bdnp a civil ec8on Io coned any unpMd rapptmOm tees. Fae schedule: • 1 yearvacanl: $500 •2yeersvareni; $1,~0 •3d yearevacaM: $2,OOD • G9 years vacant: $3,600 • t0yearsvaceM: $SA~ • 10+ years varanl• $S,W 0, plus an atldebnat $500 (or every year tna properly Is vacant ovw t0yeare. Page 1 80 Yatx4ntlAbandened Property Registration Database Albany GA Plannfnp end Davelopmenl PoanNng end Development Vawnl Blrild'sgs ONinerrce OB-164, Chapter l6. AYacant akudure ls:ebt4lWngunowupled for 9D days or mmo. Nu program Webalte Passed Feb 28, 2008. Exemptions for 3mvices SeMces OMinance Arlklei§13.2 'Imnpamry emargoncy eBUallom.• Penalties: Enlorcad by cads enlorwmenl hspechra R0. Box 447 •Ownem musk vvlMtn 10 days of no8ce hom Coda Entorwmenl, register Mdr sWcfures wIM Ilw clys ddnp block-hy~bladc surveys of targeted 240 Pine AvemwlSuita 3~ Planrdng and Oavebpnrent SeMws. areas. Atrarry, Georgia 31702 • Regislregon must ho rmcewed every six month the buNding is vacant • Buhmlt a plan InckMirg the IengM of Oma the owner expede the vacancy to wnlhue, proposed reheNNtalbn Phana: (229) 4763923 to bs made end descdpNOn o1 moasmas token M stare smrclure- Faz: (220) 438.3985 • suLngl a faro Mel grants permhsion for inepecgon and a dascdplion of ec0on IMI wlil be taken to secue Me SINGtUte. • Vacant s9udure must be up h mafnlenance coda. • p the sWclure b 1o be boarded up, owner rlwsl aPWY for a ~erdi8r pemdi and abbe by that cads. Fee schedNa: k in Planrrn and Deselu I 1 s Ices otgw. Chkego IL Damla CaNlnmr Dapadmemof Bu~ings the Vacant Tlllo l3-11813-12 Vacant Ptoparty ls:apropedy Mal has been vacant for 30 or mom days. egov.clNotchlcepo~ Ordnance is under Wa umbrella of Ma Vacant MuPople Dwagln9 Bldid"n0 VawN Properths Program, which began h Regisbatiurs Program Registration and PenaRfes: 2008 h exparuf an the Tmuded 8u0dings Adnlrvebelor Insurarrco • Ormer must re~sler brildkg wiM the Clty or CNwgo wI1Nn 30 days efler h Irttomes vacant. InhiaWO. Cwbpcaton • Owner must pay S56 yaady repisaallon fee. (312j 744-3456 Ordkwnw • Owner mtrot secure MB 6uNdiry, • Owner must post a natke of vacarwy on Me taNding. • Owner must mdnlaln Bw MNldhg to cue. • Owner must slww evNlerwe Thal May have Uab1Ny irevenw no less 8wn S300K for residen8at proper8es S1M hr wmmerdel or Industrial propediea h 30 days h ddmy polen161 demd10on wale. Revere MA Nlrhdes R. Gatinauo Oepadmenf of Muniripel Vacant Property Chepler 8.05 Vacant property h: a hu&dlmJ In wNdl no one Is residing a no business is being wnWded, a br4Wings In No pregram webdle Enacted h January 2007.8esad on Dbeclor of Mude(pal lnapecllons lnspeclions Registration whkh mare than belief the exterior wimtowa end doors era broken, boarded up, orwlMoula aawlloni~fod;. WilmhBton's cads. Dept Ordinenw Penalties: (7Bij 28841197 • WtINn 45 days of a betiding bewMng vacant, Ma owner is regaked to replsler II with the dfl+s Depadriwnl of Munkipal Inspecilons, • by Nov. i6 d oath year, Me owner must pay a mgislfelion lee b cover the adminlsbelWa cad ot'mon5oring and ensuring fho property rrminiwmnca' of Ms bulltlhxJ. • Ddiding rormers have the dght io appeal Mo teas to Ma Board of HeaBh, Wt anty based on the Issue of whether the 6ulldng Is vacant and far howbrg. Those who dw1 reg(staror pay Melr tees are subjeU to S3~- per-day Nnas. Fee Schedule: • fees escalate based on the amaunl of gma the stmcture has hoer varfJnl, from 5500 for pratwdea That have dean vawM (or less Men a year b $3,BOD for IMse vacant for IMee years ormare. Page 2 VsaentlAbandened Property Raglstratlon Datsbalse St. Paul MN Steve Nagler Plamlrpand Oevobpmenl Yacant BWlding Chapter45 Avaranl bugdMp is: abuilding that le wrocalpled for 30amae daysand is: htlo:gwww.atoaui.aov Code speciflns exemption for hausea that Yaant Bupdkps 3upervlsa Servrxa Regls9e9w • Unsecuad, a have recent fire damage. Ordnarwe • Secured by other Ihm namai means, a Is (857) 2862542 • Adengsrovs sWClure, or is • Cwdomned, or • Ues multiple houshp a BuBdup Code vbtetiom, a • Is coridemnad and Illegally accupled, or • N urwceupled Iota padod of Gmo longs 6~on one year rWdng which time Iho Enbrcemeni OKcer has Issued an order b wnect misancemndlitons. PenalBas: • Ownam must submit a Vnceni Bu~lkp Regisiratlon Fam wI1Nn 30 days, tlascrlbGp plena for rehabiBleGip amt reoaupyirp a demdiahkp the banding. • Owners must tlisdose a6 per6nani ownsrsitip in'mmagon. • Owners oval discMse ag pedineni Ben hddem. • Ownem must disclose amy cunent Ttulh-h Sets of HousGg Dtvclosure Repods. • Owners must pay an annual Vacant Building Reglsha8on ka of 5259.00 MIhN 30 days of receiving This teller. • Ownara must provide wencundrered access to ell poribns of Iha pmadsea or the buildings b pam6 the Enromensnl Ot6ca b make a mmplele Inspecllon. • Otmers Imal keep buil&nq soatre and code wmpllant Albany NY Robert C. Faenl, Sr. Fire Oepadmant's Divistond Vacant BUikBng Ord'manra NO.5t.8298,Adk~ AracantbuMikig ls:ebutldkp ar podiw iltareoflhel is unoccupied orillegallyoccupied for more 9>an 30 days No progremwebsile Ftsi enactodm2900. In Jan2W61eas Dapury Chlef,Aibany Buildups end Codas Replsiry (passed in XlA§13376 and h: Indoesed fmm5209b 5260 ere Grsl year. Depedmenl of Fte end 2800) 8 Vacant • wsewred, or Legislation s cunengy ontaced by Ne Emorgnncy Sarvkas Bidtling • severed by ofhor Than mrmal means, or "Block by Blak' ImGeiiva, svhtch Iargals Comndltee • Is deanetl wsefe by tlce Depi. of Pore, Emergency end Bmldinq Services, or sbeeb wdlh the mast vacad properties by rctaea~alheny-nyorg (ueated In 21105} • has muHlple housing or building code v(daGms, a surveyMp Poem lookup (or viota8ans.lho (618) 434-0045 • Is txrocapfed rot ova 385 days during width dmo ao enfarnvmant olpnar has Issuod w eclat to coned code tn8iative also uses a vacenl bu>binge toad NMelima to give summonses to umegjslered vacant propertles. , Penei9ea: • Omer must reglsler the properly 8 pay feo. • Uvner must submit a vacant building plan fa approval-must include epher plans and dmafmnx+ for dertalllim, a plans to secure Use bu8ding tomnptisixa end psli6ca6on ~r vacaxy, a pions for raheNlkalion arq ocapancyvddGr will he completed In leas than 365 days. • If awnemtdp la Irenefenetl the nave avma muss reiegisla wi1hk130 days. Fee achalule: • i year vacank 5269 • 2 a 3 years vacant: $400 • 4 years vacant: 51,500 •Saaare acs: S20~ Bftghamlan tdY Kellh Heron Buikikp eM Cie Vacad 6ulidng §2655 Averanl bulldhg is:abuBdkp,eporGondabuOdMq,aaetrucWro whkh is any oneamaa oNhs below: www.cltvofhln0hamlon.com Enacted 5131707. Legislailar pad of °Blighl Vaant ProAedies Officer Oepadment Ragsaailon • iMoaxlp~d and unserxsed; Prevmt~n In0laiNe' developed by a leek Ordinmxe • Unosupkd and secured by other than mrmal means; lace made up Colo, litdidmg and 30 Hawley Street, 41h floor • Unocwpled and an unsafe bugding as datemdned by an EnPorcemenl0flicer, CarsWCBan. PoBra, Legal, f~lannkp, Bim,)fwmton, NY 13901 •Unocapled arW eNorcement ofica has issued en oMerwcarted wde vlotathms; Housirp end Communty Oovebrenenl, •Iliegaily accupled;a Parks end Rec,eal FNance olfic7els. Law (697) 772-7010 • UrrocaRled fa a podod ol9me over 30 days. nwdeted a8or Ie9tsiaGOn InAPoany and (607} 772.71621ex RocheslerNY; W4minglon, DE; end PalaiGes: Evanstm, ll. • Owner rrusst register end pay an amue15501ee. • I(ihe balding ranalns vacant for a year or mere, Ble miner must submit an annue15500 vacant ddiding lee. buildi 's mi lit e i Ile Page 3 82 VacandAbandonod Proper RegtsLatlon Dstabaw Clnclnna0 OH Edward CUnNngham Deparl~nt of Busdings and Vacant BullNng Ordinance 58-2000(Amorxknent} Avawm pmpery ls:aprgrertyadered vacated duebrwnrompliaa:e ofa73 palm atla by 8usdhgs8 www.clnGnnali-oh.oov Supotsmsa of lnspedmns inepodbne MaMtarance Secgons 1101-77,79,129 Inspeclbne 0epl. Lkenso edwerd.cunnhtgfxun®dncirmem Penel0es: oh.gov • ApplkaN mull apply faVawnl0usding FAaintanance LkereawAn 30 days of ceder to vawle. (513) 352.11NI9 •Appscant must pay foe ar rerlussl waiver. `Appscant must provide evhtence of general IiobiGty [nsumnrs tar property (mb of $300k for rasNterNal $1M for wmmadal a hdU6tdal) • Bukdkg must he brought into VBML wmpliama (dandlshod, reha611detod, ar up (o catle) within 80 days of app9ralion. • Urgeld lees become (lens. Fee schedub: • f800ryearfa propaNea met have boon orderod a kept vawled for less men 1 year • $t,eoaiyear }a propenias Thai have heen adored a kept vacaletl fa at ieael 7, but Iew man 2'yeara • $2,7Wyear to propet0es mat havo barn adored a kept vacated fa al laesl2, but less men 5 years • $3,5~tyeer far properties that have been orderer a kept vacated teat masl5 Siomr Fegs SD BdMtng Services Piemirgand BUSdkg Clty of Sioux FMis ANcb IX§tt Avegrrt busdkrg is:ebumlkg mat has been unoccupied for30 deysamoro and is: www.siouxfalis.org Fxempgonsme~ta btdklirgs undo Serrices Ordk6nnw Adkb •unsewrad, or permllladconatnrctbn. 505357.8254 IX Vacant Bugdinga • sensed by oma men normal moans, or ` 0 d8lxJerwa 6kanua, of • wndemned, or • has cDy code vldatlons, a • wntlemned end ilegasy accrrpied. PenelSes: `Owner rrwsf register Q payaniwel 52001ee. `Owner must presonl a pbn tamntmued care and upk~p vnm a Iimelabie for reslodng the busding to epprapdele oauponcy or a demd(Ibn plan. • Owner rrxrcl keep hulhfmD secured and meinfam me bulMing aai Its grounds. Busdhg must not he used la slaage. • if owneistdp fs Irensfened the rrewowner trawl re-register wimin 30 days. h9Nraukea WI MarSn COWns Dapanmenl of Mrnlclpal Praparty fteardng Chepla 200, subchaMa85 Avaranl hustling Lmarwnavna ocwpietl reNtlenflal orwmmemial bustling apatdauchebustling wghoul vaww clivmliweukae.gov Enacledln 1893 as pan of me Ropeny Insp~lons Otdinente Chaplet 275§32-7 acatifwate of occuPancY meh Dawrdmg Program. The program is AICOLLI(~mlAvaukea.gov • has code vlotetlons, a dos~nad b deal wlm vacant proper9es, (414) 280-2542 • remains varam fa 0 emcee monms, or al8qugh only reondsocwplad propaiy. • k Mproperly eaaxed PeneMes: • Omwr must apply for a cendlrale o(ocwpency 8 pay a $35 regteaa0on fee wimin 15 days of sate, uansleror 0 monm mark. • Property vwst be Inspeded end be found up b coda. • It a s9udure b seeumtl antl vacant for 8 or more nxmths me owner must wimm 30 days aumm~ a delallod plan b sGi, oxupy, do~ral6h, a rehabBNab me building. ` Ir plain am not subnYBod or ae trot cabled out ma bustling will be declared a rwiserwe, ellowsng me diy to Impose Ones IID less men $150 pervioletion per day mrmae Ihnn $5,000 (a each un5 found to ho In violation, In s~i0on toothaztepal edion. Page 4 83 SUBSTITUTE ORDINANCE AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. Section 13-12-125 of the Municipal Code of Chicago is hereby amended by deleting the struck-through language and adding the underscored language as follows: 13-12-125 Vacant buildings--Owner required to act--Enforcement authority. (a} (1) The owner of any building that has become vacant shall within 30 days after the building becomes vacant or within 30 days after assuming ownership of the building, whichever is later, file a regis#ration statement far each such building with the department of buildings on forms provided by that department for such purposes. The registration shall remain valid for six months from the date of registration. The owner shall be required to renew the registration for successive six-month periods as long as the building remains vacant and shall pay a registration or renewal fee in the amount prescribed in paragraph (3} of this subsection (a) for each registered building; provided, however, that all eleemosynary, religious, educational, benevolent or charitable associations organized an anot-far-profit basis and ail governmental agencies shall be exempt from the payment of the registration fee. The owner shall notify the department of buildings, within 20 days, of any change in the registration information by filing an amended registration statement on a form provided by the department of buildings for such purposes. The registration statement shalt be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the city against the owner or owners of the building. Registration of a building in accordance with this section shall be deemed to satisfy the registration requirement set forth in Section 13-10-030 and the notification requirement set forth in Section 13-11-030. After filing a registration statement, the building owner shall provide access to the city to conduct an exterior and interior inspection of the building to determine compliance with the municipal code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. (2} !n addition to other information required by the commissioner of buildings, the registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or adr-ninistrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this Code. This person must maintain an office in Cook County, Illinois, or must actually reside within Cook County, Illinois. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this subsection the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent's designation for the purposes of Phis subsection until the owner notifies the department of buildings of a change of authorized agent or until the owner files a new annual registration statement. Any owner who fails 84 to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and al! notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building. (3) The registration and renewal fee for each registered building shall be $250 (the "base registration fee"). Provided, however, that any vacant building subject to the base registration fee that is in violation of any provision of the building code or fire code at the time renewa! is required shall be assessed a renewal fee of $500 for such renewal period (the "doubled period"). If a vacant building in the doubled period is in violation of any provision of the building code or fire code at the time renewal is required, the fee shall be $750 for such renewal (the "tripled period"). If a vacant building in the tripled period is in violation of any provision of the building code or fire code at the time renewal is required, the fee shall be $1,000 for such renewal, and shall remain at $1,000 for each subsequent renewa(, if, at the time such renewa[ is required, the buiiding is in violation (the "quadrupled period"). If the owner of a building that is in the doubled, tripled or quadrupled period can show to the satisfaction of the building commissioner and the fire commissioner, at the time renewal is required, that the building is in full compliance with the building code and fire code, then such renewal shall revert to the base registration fee. For purposes of this subparagraph (3), "in violation" shall mean that a citation has been issued, and the conditions forming the basis for the citation have not been fully remedied. In the event of a final determination that issuance of the citation was not factually supported, the increased fee for the six-month period(s) at issue shall be refunded to the owner. (b) The owner of any building that has become vacant, and any person maintaining, operating or collecting rent for any building #hat has become vacant shall, within 30 days, do the following: (1) enclose and secure the building as provided in Section 13-12-135 of this Code; {2) post a sign affixed to the building indicating the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process. The name, address and telephone number of a person responsible for day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent, shall be indicated on the sign as well. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer; and {3) maintain the building in a secure and closed condition and maintain the sign until the building is again occupied or demolished or until repair or completion of the building has been undertaken. (c} The owner of any building that has become vacant shall, within 30 days, acquire or otherwise maintain liability insurance, in an amount of not less than $300,000.00 for buildings designed primarily for use as residential units and not less than $1,000,000.00 for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired after the building has become vacant shall provide for written notice to the commissioner of buildings within 30 days of any lapse, cancellation or change in coverage. The owner and the owner's authorized agent for service of process shall provide evidence of the insurance, upon request, to the commissioner of buildings or his or her designee. (d) The building commissioner may issue rules and regulations for the administration of this section. Any person wl~o violates any provision of this section or of the rules and regulations -2- 85 issued hereunder shall be fined not less than $500.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property. (e} Far purposes of this section, "vacant" means a building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floor to the occupied space, the condition and value of any items in the building and the presence of rental or for sale signs an the property; provided that a residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession far a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property; and further provided that multi-family residential property containing ten or more dwelling units shall be considered vacant when ninety percent or more of the dwelling units are unoccupied. SECTIt~N 2. Chapter 13-12 of the Municipal Code of the City of Chicago is hereby amended by inserting a new section 13-12-135 as follows; 13-1Z-135 Minimum requirements for vacant buitdtngs For purposes of this section, the term "vacant" shall be defined as provided in section 13-12- 125. In addition to any other applicable code requirements, each vacant building must be kept in compliance with the following requirements for as long as the building remains vacant: (a} Lot Maintenance Standards -the lot the building stands on, and the surrounding public way, shall be maintained as follows: (1 }all grass and weeds on the premises, including abutting sidewalks, gutters and alleys, shall be kept below ten {10} inches in height, and all dead or broken trees, tree limbs or shrubbery shall be cut and removed from the premises; (2} the interior walkway leading to the main entry door, and any public sidewalk adjoining the lot, shall be shoveled clear of snow; (3) junk, rubbish, waste, and any material that creates a health, safety or fire hazard, including but not limited to any mail or flyers that have been delivered to the building, shall not be permitted to accumulate on any portion of the exterior lot of the building; (4} no portion of the lot, nor any structure, vehicle, receptacle, or object thereon, shall be maintained or operated in any manner that causes or produces any health or safety hazard or permits the premises to become a rodent harborage or is conducive to rodent harborage; (5) the lot shall be maintained so that water does not accumulate or stand on the ground; {6} all fences and gates shall be maintained in sound condi#ion and in good repair. -3- 86 (b) Exterior Maintenance Standards -The exterior of the building shall be enclosed, secured and maintained as follows: (1}foundations, basements, cellars, and crawlspaces shall be maintained in sound and watertight condition, adequate to support the building, and protected against the entry of rodents or other animals; {2} exterior walls shall be free of holes, breaks, loose ar rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls ar the interior spaces and shall be protected against the entry of rodents or o#her animals; (3) exterior windows and doors shall be maintained in sound condition and good repair. Windows and doors shall fit tightly within their frames and the frames shall be constructed and maintained in such relation to the adjacentwall construction as to prevent rain from entering the building; (A) exterior windows and doors shall be equipped with hardware for locking, and the locking mechanism shall be maintained in properly functioning condition; (8) ail points of possible ingress and egress, including but not limited to exterior windows and doors, shall be secured to prevent unauthorized entry; (C} any window which is broken, cracked or missing glass or glazing shall be replaced and maintained in good repair, or the building opening shall otherwise be adequately secured pursuant to section 13-12-135(d); (4) the roof shall be adequately supported, and shall be maintained in weathertight condition; the gutters, downspouts, scuppers, and appropriate flashing shall be in good repair and adequate to remove the water from the building or structure; (5) chimneys and flues shall be kept in sound, functional, weathertight condition and in good repair; (6) every outside stair or step shall be maintained in sound condition and in good repair; every parch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition for its purpose; (7} all exit areas shall have continuous exterior lighting from dusk to dawn; normal intensity of lighting shall be not less than two footcandles per square foot on the floor surfaces, within an eight-foot radius around said exit. This requirement may be met by the use of battery-powered or solar-powered lighting if such lighting meets the performance standards set by this paragraph. (c} Interior Maintenance Standards -The interior of any building shall be maintained as foNows: (1) it is prohibited to accumulate or permit the accumulation of junk, (rash and debris, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may produce any health, fire, or safety hazard, or provide harborage -4- s~ for rodents or other animals on the premises; materials stored by the owner or permitted to be stored by the owner shall be stacked safely, and away from stairs or hallways, and any other places of ingress and egress; (2} every foundation, roof, floor, wall, stair, ceiling, and any other structural support shall be safe and capable of supporting the loads that normal use may cause to be pieced thereon, and shall be kepf in sound condition and in good repair; floors and stairs shall be free of holes, grooves, and cracks that could be potentially hazardous; (3}any plumbing fixtures shall be maintained with no leaking pipes; and all pipes for wafer shall be either completely drained or healed to resist being frozen; (4) every exit door maintained as such in compliance with subsection (d}(3) shall be secured with an internal deadbolt cock, or with a locking mechanism deemed equivalent or better by the department of buildings, and every such exit door shall be capable of being opened from the inside easily and without the use of a key or special knowledge; (5} interior stairs shall have treads and risers that have uniform dimensions, are sound, securely fastened, and have no ratting, loose, or deteriorating supports; (6) every owner shall be responsible far the extermination of insects, rodents and other vermin in or about the premises. (d) Building Security Standards -The following standards apply to the securing of vacant buildings: {1) all building openings shall be closed and secured, using secure doors, glazed windows, commercial-quality steel security panels, orfilled with like-kind material as the surrounding wall, as applicable, to prevent entry by unauthorized persons. Except as specifically authorized in this subsection (d), use of plywood is prohibited; (2} openings less than one (1} square foot in area may be boarded with plywood, provided that the boarding is made weathertight and finished with varnish, or paint of a similar color to the exterior wall, and cut to the inside dimension of the exterior of the opening, and otherwise secured in the manner prescribed by rules and regulations issued by the department of buildings; (3) at least one building entrance shall be accessible from the exterior and secured with a door that is locked to allow access only to authorized persons; a minimum of two exit doors shall be available to exit from the interior of the building, with at least one exit door available per 150 linear feet of horizontal travel at ground-floor level; (4) for the first six (6) months a building is vacant but not thereafter, openings more than one (1) square foot in area may be boarded with plywood, which shall be installed and secured as prescribed by this section and by rules and regulations issued by the department of buildings; (5) if a building has been vacant for six months or longer, or upon any renewal of the registration statement required in Section 13-12-125, the building owner must implement and provide proof satisfactory to the department of buildings that, in -S- 88 addition to complying with the security standards set forth elsewhere in this subsection (d}, said building either: (i} contains all of the security featuresset forth in subparagraph (A), or {ii) is unviolated, as described in subparagraph (B}: (A} every opening larger than one (1) square foot in area that is located Tess than eight (8}feet above the ground or that is accessible from ground level ar within eight (8) feet in any direction of an exterior stairway, fire escape, or other means of access shall be closed and secured with acommercial- quality, 14-gauge, rust-proof steel security panel or door; {i) security panels and doors shall have an exterior finish that allows for easy graffiti removal; and (ii) security panels and doors shall be secured from the interior of the building to prevent unauthorized removal. {B} For purposes of this paragraph {5), the term "unviolated" shall refer to a building: (i) that has a permanent door or window, as applicable, in each appropriate building opening, {ii) that has each such daor or window secured to prevent unauthorized entry, and {iii) that has all its daor and window components, including without limitation frames, jambs, rails, stiles, muntins, mullions, panels, sashes, lights and panes, intact and unbroken. A building that does not meet the definition of "unviolated" shall be deemed "violated." {C) It shall be a violation of this Subparagraph (d)(5}{C) for a vacant buNding to become violated, ifi the owner has provided proof to the department of buildings that such building is unviolated. With respect to a vacant building represented by the owner as unviolated, if the commissioner of buildings determines, based on an inspection by the department of buildings or a report prepared by another city agency and provided to the department of buildings, that such building is violated, said commissioner shall send by certified mail a written notice of violation to the person responsible for day- to-day supervision and management of the building or to the authorized agent for service of process as identified on the sign required by section 13- 12-125(b)(2), or if there is no such sign, then sent by certified mail to the owner of record. Within 30 days of the mailing of such notice of violation, the owner shall be required to either: (i) comply with subparagraph (5)(A} of this section, or (ii} restore the building to an unviolated state and also install and maintain a working burglar alarm system, as defined in Section 4-400- 010, and have an active accoun# with a third party burglar alarm company. The burglar alarm system shall connect to all areas of the building subject to unauthorized human entry, including, but not limifed to, all exterior doors, windows or other readily accessible openings. The burglar alarm system shall, upon detecting unauthorized entry, send an automatic signal to a burglar alarm company that has twenty-four (24)- hour live operators who will monitor the system and telephone the building owner or designated agent of the unauthorized entry, and who will also telephone the police department to inform it of the unauthorized entry, if there is no adequate response from the building owner or designated agent. (e) Rules and Regulations -- The building commissioner may issue rules and regulations far the administration of this section. These rules may specify additional board-up materials -6- 89 which may be used when securing a building, if proof is provided, satisfactory to the building commissioner, that such materials will perform in a manner equivalent to, or better than, the materials specified herein. (f) Fines and penalties -- Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500.00 and not more than $1,000.00 for each offense. Every day that a violation confinues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property. SECTION 3. Section 13-12-145 of the Municipal Code of Chicago is hereby amended by deleting the struck-through language and adding the underscored language as follows: 13-12-145 Improperly maintained buildings and structures subject to nuisance abatement proceedings. (a} The following buildings and structures are hereby declared to be public nuisances subject to abatement proceedings under this section: (1) a building or structure found to be vacant and open after the effective date of an order to secure and enclose issued by a court of competent jurisdiction or the department of administrative hearings within the previous 12 months, unless stayed by a court of competent jurisdiction; (2} a building or structure tha# contains any violation of a health, fire, electrical, plumbing, building or zoning provision of this code which is imminently dangerous and hazardous; (3) a building or structure for which the costs of the repairs necessary to bring the building or structure into compliance with applicable laws would exceed the market value of the building or structure after the repairs would have been made, or when the owner cannot show that it has readily available and sufficient assets to make such repairs or where such repairs otherwise are economically infeasible; or (4) a building or structure where an owner has failed to correct the code violations} that form the basis of an adverse order or judgment involving that building or structure issued by a court of competent jurisdiction or a hearing officer of the department of administrative hearings, within 60 days of entry, unless such adverse order or judgment has been stayed by a court of competent jurisdiction. For purposes of this section "vacant" shall be defined as provided in section 13-12-125; and "open" refers to a building that has any door, window orwall missing or unsecured, or has any other opening so as to allow entry by a human being. (Or-~itted text is unaffected by this ordinance} SECTION 4. Section 2-14-155 of the Municipal Code of Chicago is hereby amended by adding the underscored language as follows: 2-14-155 Defenses to building code violations. It shall be a defense to a building code violation adjudicated under this article, if the owner, manager, person exercising control, his attorney, or any other agent or representative proves to the administrative law officer that; (a) The building code violation alleged in the notice did not in fact exist at the time of the inspection resulting in the notice; (b) At the time of the hearing on the issue of whether the building code violation does -7- 90 or does not exist, the violation has been remedied or removed. This subsection (b) shall not create a defense to a violation of Section 13-12-135(d){5){C), or to a person or entity that is an architect, structural engineer, contractor or builder who has been charged with a violation of Section 13-12-050 or Section 13-12-060 of this Code. However, for violations of Sections 13-19G-400 through 13-19G-440 of this Cade, it shall be a defense under this subsection only where the violation has been remedied or removed within seven days of service of notice of the building code violations as provided under Section 2-14-152; (Omitted text is unaffected by this ordinance) SECTION 5. This ordinance takes effect 60 days after its passage and approval and shall apply to all vacant buildings, including property for which a registration statement has been submitted prior to, on, or after such effective date, but the changes in subsection {a) of Section 13- 12-125 shall not affect the duration of registration statements submitted to the department of buildings prior to such effective date. -8- 91 Nl~1S CHAPTER 249. VAC%AN DWELLING OR BUILDING, NUISANCE CONDITION 249.10. Policy. Pursuant to authority provided in Minnesota Statutes, Section 463.26, permitting cities to enact and enforce ordinances on hazardous buildings, and in order to enhance the livability and preserve the tax base and property values of buildings within the city, and based upon the findings contained in section 249.20; and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly demolished, the city hereby declared that it is the policy of the city to promote rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition of hazardous buildings through a procedure fixing appropriate responsibility in accordance with due process requirements. (92-Or-110, § 1, 9-11-92) 249.20. Findings, The city council finds, determines and declares that buildings which remain vacant and unoccupied far any appreciable period of time become an attractive nuisance to children, a harborage far rodents, and invitation to derelicts, vagrants and criminals as a temporary abode, and an increased fire hazard, and that the unkept grounds surrounding such property invite the dumping ofi garbage and rubbish thereon; that such buildings are permitted to become dilapidated since such buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to repair or raze the buildings; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties to the detriment of the various taxing districts and require additional governmental services; that the use and maintenance of property in such condition and manner endangers the public safety and health, constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, is detrimental to the public good and to the common welfare; and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus may constitute a nuisance condition. Adequate protection of public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated. (76-Or-102, § 1, 7-9-76; 78-Or-233, § 1, 11-9-78; 92-Or-110, § 1, 9-11-92) 249.25. Securing vacant buildings. (a} In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the director of inspections may order the building secured and shall cause notice of fibs order to be served upon the owner of the 92 premises. Such notice may be served personally or by mail. Service by mail is complete upon mailing a copy of the order to the owner at the last known address. if the owner fails to comply with the order within six {6) days after the order is served, the director of inspections shall cause the building to be boarded up or otherwise properly secured. Whenever a building is boarded up pursuant to the authority of this chapter, the director of inspections may cause all openings to the building to be boarded and secured. (b} Emergency. When it is determined by the director of inspections or the chief of ponce, or the fire chief that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the director of inspections or the chief of police, or the fire chief may waive all requirements herein and immediately board or otherwise secure the building, provided that: {1) The conditions showing the existence of an exigency are documented in writing by the director of inspections or the chief of police or the fire chief or their designees. {2) Notice be mailed immediately by the department invoking this section to the address of the owner and taxpayer, and, if recorded on the assessors rolls, the address of fhe mortgage holder, of the date of boarding or otherwise securing and the reasons therefor. {c} After a vacant or unoccupied building has been boarded or otherwise secured under this section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and reoccupied, the director of inspections shall resecure any openings into the building whenever it again becomes open to trespass, wifihout further notice to the owner. An administrative fee of one hundred dollars ($100.00) and all other costs incurred by the city for boarding ar otherwise securing a building under this chapter, including, but not limited to the actual costs for boarding, inspecting, posting and monitoring the building, shall be assessed as provided in section 227.100. "Owner," for the purposes of this section, shall mean the person who is listed as the contact person on the current rental licensing application on file with the city, if any; or, if none, the person listed as owner by the city assessor on the homestead record; or, if none, the taxpayer as shown by the records of the city assessor, "Owner" shad not include a community development agency organized pursuant to the Laws of Minnesota 1980 Chapter 595. (94-Or-123, § 1, 9-16-94; 2001-Or-054, § 1, 4-20-01; 2006-Or-065, § 1, 6-16-06; 2008-Or-008, § 1, 2-1-08) 249.30. "Nuisance condition" defined; waiver of waiting period. {a} A building within the city shall be deemed a nuisance condition if: {1) It is vacant and unoccupied for the purpose for which it was erected and for which purpose a certificate of occupancy may have been issued, and the building has remained substantially in such condition for a period of at least six (6) months; or 93 (2) The building is unfit for occupancy as it fails to meet the minimum standards set out by city ordinances before a certificate of code compliance could be granted, or is unfit for human habitation because it fails to meet the minimum standards set out in the Minneapolis housing maintenance code, or the doors, windows and other openings into the building are boarded up or otherwise secured by a means other than the conventional methods used in the original construction and design of the building, and the building has remained substantially in such condition for a period of at least sixty (60} days; or (3} Evidence, including but not iimi#ed to neighborhood impact statements, clearly demonstrates that the values of neighborhood properties have diminished as a result of deterioration of the subject building; or (4) Evidence, including but not limited to rehab assessments completed by CPED, ciearly demonstrates that the cost of rehabilitation is not justified when compared to the after rehabilitation resale value of the building. (b) When it is determined by the director of inspections or the city fire marshal that a building constitutes an immediate hazard to the public health and safety, and after approval by the city council, the sixty-day waiting period set out in this section may be waived and the other procedures, as set out in this chapter, may be implemented immediately. {c) Notwithstanding the foregoing provisions, accessory buildings such as garages, barns and other similar structures, not intended to be used for human habitation, shall be deemed to constitute a nuisance condition when such buildings are in violation of section 244.1560 of the housing maintenance code which regulates nondwelling structures or when such accessory buildings are structurally unsound in the opinion of the director of inspections. (76-Or-102, § 1, 7-9-76; 77-Or-226, § 2, 11-10-77; 78-Or-233, § 2, 11-9-78; 79-Or-416, § 1, 1-26- 79; 80-Or-181, § 1, 8-8-80; 84-Or-095, § 1, 6-15-84; 86-Or-236, § 1, 10-10-86; 91-Or-157, § 1, $-9-91; 92-Or-110, § 2, 9-11-92; 93-Or-142, § 1, 10-1-93; 94-Or- 123, § 2, 9-16-94; 2006-Or-059, § 1, 5-26-06) Editor's Hate: It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249.4A. Abatement of nuisance condition. Buildings determined to be a nuisance condition may be rehabilitated or razed by order of the director of inspections. (1) Before any action is taken to abate a nuisance condition, except as provided in section 249.25 relating to securing vacant buildings, the director of inspections shall examine the building to ascertain whether the nuisance condition should be ordered far rehabilitation or demolition. Among the criteria to be considered are the following: a. The need far neighborhood housing; b. The historic value of the building; 94 c. The impact on the neighborhood and the ability of the neighborhood to attract future residents; d. The capacity of the neighborhood to use the property; e. The zoning and comprehensive plan classifications far the property use; f. The market potential for the property; g. The estimated cost of rehabilitation; h. The severity and the history of neglect; i, The availability of funds for rehabilitation to the owner; j. The structural condition of the building. (2) If the director of inspections determines that the building is a nuisance condition, the director of inspections shall order the building to be demolished, or rehabilitated. The director may impose any and all conditions deemed appropriate to ensure compliance with the order. (3) The division of inspections shall give notice of the director's order to demolish ar rehabilitate the building to the owner and other persons shown to have an interest in the building deemed to create a nuisance condition. Proper notice shall be sufficiently given when mailed by certified mail return receipt requested, postage prepaid, addressed to the owner to whom the building is registered with the division of inspections or, if not registered, to the owner or other persons shown to have an interest in the property as ascertained by the files and records of the register of deeds or registrar of titles in and for Hennepin County. Such notice shalE also be given to such persons that the director of inspections has actual knowledge of having an interest in the said property. In addition, such notice shall be served by three (3} weeks' published notice in any newspaper of general circulation in the City of Minneapolis as provided far in Minnesota Rules of Civil Procedure and by posting such notice at the street entrance to such building. The notice shalt state: a. That the director has determined that the building is a nuisance condition as defined by section 249.30 and that the building is to be demolished or rehabilitated. if the director is ordering that the building be rehabilitated, the notice shall state all of the conditions that are to be imposed. b. The specific reasons the building has been determined to constitute a nuisance condition. c. That unless the notice is appealed within twenty-one (29) days of the date the notice was mailed, in the manner provided in section 249.45, the division of inspections will proceed to demolish the building or that the division of inspections will impose the conditions of rehabilitation on the property. d. The notice shat( describe how an appeal may be filed under section 249.45. 95 e. The notice shall state that the owner of the property will be responsible for the payment of all costs incurred by the city in razing or rehabilitating the building, as well as an administrative fee of fifteen (15} percent of the cast. The notice shah state that if the costs are unpaid, the costs and the administrative fee shall be levied and collected as a special assessment against the property as provided for under section 227.100 (4) If no appeal is received within twenty-one (21} days of the notice being mailed, the department of inspections may proceed with the director's determination to demolish the building by razing the building, or may proceed with the director`s determination to rehabilitate the building by imposing the conditions set forth in the notice. (5) When the owner of a property, that has received a director's order to demolish or rehabilitate the property, intends to sell an interest in the property, the owner must disclosure to the purchaser that a director's order to demolish or rehabilitate the property has been previously issued. (7G-Or-102, § 1, 7-9-76; 7G-Or-1G5, § 1, 9-24-76; 78-Or-233, § 4, 11-9-78; 82-Or-25G, § 1, 12-23-82; 85-Or-114, § 1, G-4-85; 92-Or-110, § 4, 9-11- 92; 94-Or-123, § 3, 9-16-94; 2001-Or-054, § 2, 4-20-01; 200G-Or-059, § 2, 5-2G-OG} Editor's note: It should be noted that Ord. No. 200G-Or-059, adopted May 2G, 200G, was effective October 1, 2006. 249.45. Abatement of nuisance condifiion appeals. (a) There is hereby created a nuisance condition process review panel. The panel shall consist of the director of operations, licenses and environmental services, the fire marshal, the director of housing policy and development, and the city assessor or their designees. Three (3) members of the panel shall constitute a quorum. The panel shall make decisions by a majority vote. The director of inspections' order, as set forth in the notice, shall be upheld if the panel is deadlocked. {b) The panel shall have authority to hear and decide all appeals from the director of inspections' order to demolish or rehabilitate a nuisance condition building. The pane[ shad uphold or overturn the director's determination that the building is a nuisance condition as defined by section 249.34 and shall uphold or overturn the director's determination that the building should be demolished ar rehabilitated. If the director of inspections imposes conditions on an order to rehabilitate the building, the panel shall have the authority to uphold, modify or overturn those conditions. {c} Any person wishing to appeal a determination of the director of inspections ordering demolition or rehabilitation shall file a written notice of appeal with the department of inspections within twenty-one (21) days after receipt of the director's order. The notice shall contain a statement of the grounds for the appeal, The notice of appeal shall be accompanied by a fee of three hundred dollars ($300.00). 96 (d) The panel shall meet at the call of the chair to hear appeals. The panel shall notify the owner and any other person known to have an interest in the property in writing of the time and place of the hearing. In addition, notice of the hearing shall be sent to al) property owners within three hundred fifty {350) feet of the subject property and to any neighborhood organization in which the property is located, {e} Notice to the owners, or other parties with an interest in the property, shall inform the owner and parties of {1 }the right to appear individually or through a representative or to submit a written statement, {2} the right to examine witnesses at the hearings and offer such evidence as may bear on the decision to demolish or rehabilitate the building, and (3} that the hearing will be recorded, Neighborhood organizations and owners of property within three hundred fifty (350} feet of the subject property shall be entitled to present joint or individual neighborhood impact statements to the panel. The neighborhood impact statements shall specifically address the items contained in section 249.40 {1 } a., b., c. and d., and such other relevant material as may be offered. {f) At the hearing, the panel shall hear all relevant evidence and argument. The panel may admit and give probative effect to evidence that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The panel shall record the hearing and keep a record of documentary evidence submitted. {g} At the hearing, the division of inspections shall present an oral summary of the background and reasons for its recommendation. Areport, including any pertinent documents and photos shall be filed as part of the record. AI! parties having an interest in the property may review department documents, subject to restrictions in the Government 17ata Practices Act, prior to the hearing, and shall be permitted to present evidence in support of their position. Parties having an interest in the property shall have the right #o question witnesses at the hearing. (h) The panel shall render its decision in writing within thirty {30} days after the close of the hearing. The panel shall determine whether the building meets the definition of nuisance condition as set forth in section 249.30 and whether the director of inspections' order to demolish or rehabilitate the building should be upheld or overturned and shall specify the factual and legal basis for the determination. The pane! shall make it determination based upon the preponderance of the evidence. The panel shalt mail a copy of its decision to the appellant. (j) The panel shall refer its decision to the city council, which shall have the final au#hority to determine whether the building is a nuisance condition as set forth in section 249.30 and whether the building should be rehabilitated or razed. The panel's findings shall include the date and time of the hearing before the public safety and regulatory services committee. The public safety and regulatory services committee may hear arguments from the appellants, but shall take no further evidence. (2006-Or-059, § 3, 5-26-06) f~ditor's note: It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. s~ 249.50. Atternafiives fio demolition. (a} The city council may consider as an alternate to demolition: (1) Ordering the owner of any nuisance condition to rehabilitate the building and specifying the time within which such rehabilitation shall occur. If rehabilitation is the alternative required by the city council, the owner shat{ present a plan for rehabilitation to the director of inspections that shall contain a commitment of funds to accomplish the plan. If the plan required herein is not received by the director of inspections within the time ordered by the council, the city shall proceed to demolish the building. (2} If the owner is, for any reason, unwilling or unable to immediately rehabilitate the building, the city may elect to rehabilitate and assess the cost thereof provided that the estimated cost may not exceed fifty {50} percent of the estimated after-rehabilitation market value of the property. Such costs shall be assessed against the property, in the manner provided for in section 249.60. (3) Notwithstanding the limitations of section 249.50(a}( 2), and in order to make funds available for rehabilitation, the city may, to the extent neighborhood action plans of the neighborhood revitalization program allow, create a revolving fund for housing purposes to be used in the neighborhood for which the funds have been earmarked. The city may receive applications and consider, where appropriate, loans to owners for housing rehabilitation purposes. (b) The city council shall order demolition or rehabilitation of the building. The city council shall make such order as it deems appropriate based upon the evidence and record of the appeal hearing. The city council may also impose any and all conditions it deems appropriate. These conditions may include the posting of a performance bond in an amount not to exceed the estimated cost of rehabilitation. The public safety and regulatory services committee may postpone its decision and order the owner to update the committee at a future date on the progress of rehabilitation. The order shall be mailed to the last known address of the owner to whom the building is registered with the division of inspections or, if not registered, to persons shown to have an interest in the property as ascertained by the files and records of the registrar of deeds or registrar of titles in and for Hennepin County. (c) The owner of the subject property shall comply with the city council's decision and order. If the owner fails to abide by the order, the director of inspections shall immediately notify the city council which may then order immediate demolition or otherwise amend its order. (76-Or-102, § 1, 7-9-76; 77- Or-226, § 3, 11-10-77; 78-Or-233, § 5, 11-9-78; 92-Or-110, § 5, 9-11-92; 93-Or- 107, § 1, 7-30-93; 93-Or-142, § 2, 10-1-93; 2001-Or-054, § 3, 4-20-01; 2004-Or- 051, § 1, 5-14-04; 2006-Or-059, § 4, 5-26-06) Editor's note: It should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 98 249.60. Coilectian of costs. The director of inspections shall notify the owner of the cost incurred in razing or rehabilitating the building, under section 249.50, and the owner shall be responsible for the payment of the same, together with an administrative fee of fifteen (15} percent of the cost, within thirty (30) days of such notification. Upon default of payment after the said thirty (30) days, the cost of such razing or rehabilitating and the administrative fee shall be levied and collected as a special assessment against the property as provided for under section 227.100 of this Code, with interest at the rate of eight {$) per cent per annum on the unpaid balance thereof. (76-Or-102, § 1, 7-9-76; 78-Or-233, § 6, 11-9-78; 92-Or-110, § 6, 9-11-92; 93-Or-142, § 3, 10-1-93} 249.65. Revolving fund for abatement of buildings in a nuisance condition. The department of inspections shat! maintain a revolving fund to be known as the nuisance building abatement fund {hereinafter referred to as "the fund"). The fund may be drawn upon to perform abatement of buildings within the city that have been deemed to be a nuisance condition pursuant to Chapter 249. Ail costs and fees incurred abating buildings that are a nuisance condition, including appropriate interest, shall be recovered from the property owner pursuant to section 249.60 and 227.100. The fund shall be credited with the collection of the costs and fees recovered. Disbursements from the fund shall not be subject to the provisions and requirements of the procurement process of the city. {2006-Or-059, ~ 5, 5-26-06) Editor's note: ]t should be noted that Ord. No. 2006-Or-059, adopted May 26, 2006, was effective October 1, 2006. 249,70. [Authority of city,] Nothing herein shall limit the city's authority under the provisions of Minnesota Statutes, Chapter 463. {92-Or-110, § 7, 9-11-92; 93- Or-142, § 4, 10-1-93} 249.80. Vacant building registry#ion. (a} The owner of a residential building or building located in a residentially zoned area shall register the building with the director of inspections within five (5} days after it becomes a vacant building. In this section, a "vacant building" is one that is: {1) Condemned; (2) Unoccupied and unsecured for five (5} days or more; (3) Unoccupied and secured by means other than those normally used in the design of the building for thirty {30) days or more; (4) Unoccupied and has multiple housing maintenance, fire or building code violations existing for thirty {30) days or more; 99 (5) Unoccupied far a period of time over three hundred sixty-five {365} days and during which time an order has been issued to correct a nuisance condition pursuant to section 227.90. (b) The registration shall be submitted on forms provided by the director of inspections and shall include the following information supplied by the owner: (1) A description of the premises; (2) The names and addresses of the owner or owners; (3) The names and addresses of aN known lienholders and all other parties with an ownership interest in the building; (4) The period of time the building is expected to remain vacant; and a plan and timetable for returning the building to appropriate occupancy or for demolition of the building. {c) The owner shall submi# a plan and timetable that must comply with the guidelines adopted by the director of inspections. The guidelines are adopted for purposes of preventing nuisance conditions and maintaining compliance with this code. These guidelines snail be made available to building owners. The plan shall be submitted at the time of registration, or within a reasonable period of time thereafter to be determined by the director of inspections. (d) The owner shall comply with all applicable laws and codes. The owner shall notify the director of inspections of any changes in information supplied as part of the vacant building registration within thirty (30) days of the change. if the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the director of inspections. (e) The owner and the subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed. {f) Failure of the owner or any subsequent owner to maintain the building and premises that result in abatement completed by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by law. (g) The new owner(s) shall register ar re-register the vacant building with the director of inspections within thirty {30) days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the director of inspections. (h) The director of inspections shall include in the file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building. (i) Vacant building fees: (1) The owner of a vacant building shall pay an annual fee as established in the director's fee schedule pursuant to section 91.70. The fee is imposed to recover all costs incurred by the city for monitoring and regulating vacarit buildings, including nuisance abatement, enforcement 100 and administrative costs This fee may be waived or suspended far the current year as a farm or condition of a written restoration agreement or order issued pursuant to section 249.50. This fee may be waived for the current year and previous years if the property is acquired by the Community Planning and Economic Development (CPED} Department. (2) The first annual fee shall be paid no la#er than five (5} days after the building becomes vacant. Subsequent annual fees shall be due an the anniversary date of initial vacancy. The fees shall be paid in full .prior to the issuance of any building permits, with the exception of a demolition permit. {3} Unpaid fees shall be levied and collected as a special assessment against the property as provided for under section 227.100, with interest at the rate of eight {8) percent per annum on the unpaid balance thereof. Upon transfer of ownership, the new owner(s) shall be responsible far all unpaid and subsequent annual fees. Q} A building owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection for the purpose of enforcing and assuring compliance with the provisions of this chapter. {92-Or-110, § $, 9-11-92; 2401-Or-054, §§ 4, 5, 4-20-01; 2006-Or-059, § 6, 5-26-06; 2008-Or-017, § 1, 2- 29-08) 249.90. Penalties. Any person who violates a provision of this chapter or provides false information on a required registration or plan, is guilty of a misderneanar, punishable as provided in section 1.30 of this Cade. (93-Or-003, § 1, 1-15-93; 2001-Or-054, §§ 6, 7, 4-20-01) 101 There Goes the Neighborhood: The E~'fect of Single=Family Mortgage Foreclosures on Property Values By Dan Immergluclc City and Regional Planniatg Program Georgia Institute of Technology and Geoff Smith Woodstocke Institute June, 2Q05 Woodstock Institute 407 S. Dearborn, Chicago, IL G06Q5 (312) 427-8470 e-wail: woodstoclc@woodstoc[cinst.org web page: Lttp://www.woodstoclu~~st.org ©2005 By Woodstock Institute 102 executive Surnmaiy Since at least the Eate 1960s, foreclosures ofsingle-family homes have been viewed as a serious tlu•eat to neighborhood stability and community well-being. Although initially considered a problem primarily associated with the Federal I-Iousing Administration's loan programs, recent research has showtl that the explosion in foreclosures that started in the 1990s was primarily driven by the growth of high- risk, conventional sttbprime lending. Fot•eclosut•es, particularly in lower-income neighborhoods, cats lead to vacant, boarded-up, or abandoned properties. These properties, in turn, contribute to the stock of "physical disorder" in a community that can create a leaven for criminal activity, discourage social capital formation, and lead to fiu•ther disinvestment. If foreclosures lead to such negative effects, then we would expect them also to lead to lower property values in their immediate vicinity, especially for residential propery. This report uses a unique database that cotnbitles data on foreclosures during 1997 and 1998 with data on neighborhood characteristics and more than 9,600 single-family property transactions in the city of Chicago in 1999 to measure the impact of nearby foreclosures on property values. Even after controlling for more than 4Q characteristics of properties and their respective neighborhoods, we find that foreclosures of conventional, single-family loans have a significant impact on nearby properly values. Results include the following: Out• most conservative estimates indicate that each conventional foreclosure within an eighth of a mile (essentially a city block) of asingle-family home results in a 0.9 percent decline hl value. Cumulatively, this means that, for the entire city of Chicago, the 3,750 foreclosures in 1997 and 1998 are cstitnated to reduce neat•by property values by more than $598 million, for an average cumulative single-family property value effect of $159,000 per foreclosure, This does not include effects on the values of condominiums, larger multifamily rental properties, and commercial builditlgs. Less conservative estimates suggest that each conventional foreclosure within ate eighth of a mile of a properly results in a 1.136 percent decline in that property's value and that each foreclosure fi•otn one-eighth to one-quarter mile away results in a 0.325 percent decline in value. This less conservative finding corresponds to a city-wide loss in single-family property values of just over $1.39 billion. This corresponds to an average cumulative property value effect of more than $371,000 per foreclosure. Isolating properties in low- and tnodet•ate-income census tracts, we find that nearby foreclosures have an even larger effect otl sitlgle-family property values. Out• conservative estimate shows properly values declining by 1.44 percent for each foreclosure wittlin one-eighth of a mile of a house in a ]ow- or moderate-income census tt•act. Givetl all average selling price of $1 I1,002 for properties in tow- and moderate-itlcotne tracts, this amounts to a loss of nearly $1,600 per foreclosure for the average property, Our less conservative estimate indicates that for each additional foreclosure within one-eighth of a mile of a house, property value is reduced by almost 1.8 percent, ot• approximately $1,989 per foreclosure for the average single-family property in a low- or moderate-itlcome tract. The analysis in this report demonstrates that conventional foreclosures-which are increasingly driven by the subprime lending market-have a statistically significant and financiatIy significant effect ou nearby property values, If policy makers are to make wise judgments about how and how much to regulate High-risk tnot•tgage lending, they must consider the very significant costs of high-risk lending. 103 These costs are not just borne lay individual homeowners and tenders, but also vy communities-many of them lower-income and working class neighborhoods-who Dave no direct role in the mortgage lending process, This study shows that irresponsible lending has real implications for communities and cities- implications that can be measured, at least partially, in lost wealth and a decreased property tax base. ~ ~~~k' ii 104 March 2008 Subprinle _ n Total of 388 loans for 55421 f-eµ-Qe r-4-'t' ~`~ f'~°"v ~•' # Loa~rs Category* other Non owner occupied 31 A Average current interest rate B 8•S68 Average Balance B $175,472 Avera e load age B 29 months Origination in 2008 0 B Origination in 2007 34 B Origination in 200G 132 B Origination ill or before 2005 191 B Average T'ICO score 631 Number of cash out f nances B 178 Purchases _ B 148 Loans used for other ur oses B 31 Loans w/ prepayment ~ellalt B 181 Loans w/ second lien B 121 Loans w/ high LTV Ratio B 167 Loads slot missing a a ment in last ear B 144 Loans w/ current aylnent B 180 Loan payment past due 30-59 da s I3 27 _ Loan payment past due 60-89 da s B 17 Loan payment past due 90+ da s B 13 Loans in foreclosure B 37 Loans ill REO B 67 # interest only loans B 91 Loans w/variable rate D 284 # of reset loans D 127 # of loans resetting D 05 0-5 months=63 6-11 llaolltlls -52 12-23 months =30 Over 24 months- 12 157 total *Loan Count Universe Categories A. -Statistics calculated on first lien and active (including T' ~O) loans. l3. -Statistics calculated on first lien, owner occupied, and active (including RJ;O) Loans. C. -Statistics calculated on fl•st lien, owner occupied and active loans (lncludlllg REO}, where "pre-payment penalty in force" denotes the loan age is less than the pre-payment penalty term. D. -Statistics calculate don first lien, owner occupied and active (including REO} variable rate loans. R~0 = Reai Estate Owned: property that goes back to the mortgage company after an unsuccessful foreclosure auction. The mortgage company awns the property and there is no longer a mortgage. 106 ISO - P3uying Bai~I~ awned Real Estate Page j of 2 Buying Bank Owned Properties {REO) by Walt Harvey Walt and Rrla Harvey are Realtors in Honolulu, Hawaii. So you'd tllce to buy a bank owned property? You've watched the late-night infomercials and you're ready to do the bank "a favor" and take a problem off their hands. Plus, you expect to make "a killing" in the process. Sounds great and it might just happen, but first you should take a look at some facts and get prepared. R1.0 vs. Forecloaut'e An REO {Rea! Estate Owned} is a property that goes back to the mortgage company after an unsuccessful foreclosure auction. You see, most foreclosure auctions do not even result in bids. After all, if there was enough equity in the property to satisfy the loan, the owner would have probably sold the property and paid off the bank. That is why the property ends up at a foreclosure or trustee sale. Foreclosure sales begin with a minimum bid that includes the loan balance, any accrued interest, plus attorney's fees and any costs association with the foreclosure process. In order to bid at a foreclosure auction, you must have a cashier's check in your hand for the full amount of your bid. if you are the sttccessfui bidder, you receive the property in "as is" condition, which may include someone still living in the property. There may also be other liens against the property. Since what is owed to the bank is almost always more than what the properly is worth, very few foreclosure auctions result in a successful sale. Then ti7e property "reverts" to the bank. It becomes an REO, or "real estate owned" property. RCO Properties For Sale The bank now owns the property and the mortgage loan no longer exists. The bank will handle tite eviction, If necessary, and may do some repairs. They wilt negotiate with the IRS for removal of tax liens and pay off any homeowner's association does. As a purchaser of an REO property, the buyer will receive a tlUe insurance policy and the opportunity to investigate the property. A bank owned property might not be a great bargain. Do your homework before making an offer. Make sure that the price you pay (if you're successful) is comparable to other homes in the neighborhood. Consider the costs of renovation, including time to complete them. Don't get caught up in a 'bidding war' and pay over market value. It's an old myth that "foreclosures" are a bargain, Now Bartics Sell REO's Each bank/ ende works a little differently, but they all have similar goals. They want to get the best price possible and have no interest in "dumping" real estate cheap-y, Generally, banks have an entire department set up to manage their REO inventory. Once you make an offer to purchase, banks generally present a "counter-offer." It may be at a higher price than you expect, but they have to demonstrate to investors, shareitiolders and auditors that they attempted to get the highest price possible. You should plan to counter the counter-offer. Your offer or counter-offer will probably have to be reviewed and approved by several individuals and companies. Even once an offer is accepted, the bank may insert wording like "..subject to corporate approval with 5 days." Property Condition Banks always want to sett a property in "as is" condition. Most will provide a Section 1 pest certl#ication, but not unless you include it in your offer and negotiate the point. They will allow you to get all the Inspections you want {at your expense), but they may not agree to do any repairs, ~ o~ 8/i 9/2008 l~ttp:/Iwww.realestateabc.catn/17omeguide/reo. htm REO ~ Buying 13at>lc Owned Real Estate Your offer should include an inspecfion contingency period that allows you to terminate the sale if the inspections reveal unanticipated damages that the bank wit! not correct. Even though you agreed to "as is," always give the bank another opportunity io make repairs or give you a credit after you've completed your inspections. Sometimes they'll re- negotiate to save the transaction instead of putting tha property back on the market, but don't take (t for granted. Banks do not want to see a lot of proprietary disclosures; they are exempt from the California Seller's Transfer disclosure Statement (TpS-14). If there are real estate agents involved, either representing you or the bank, those agents are rec{uired to provide you their disclosure statements. Most banks will not provide finana cina on (heir REOs but it doesn't hurt to ask. Especially if the property has extensive damage and you are purchasing it "as is." 108 blip://www.realestateabc.cons/homeguide/reo.htm Page 2 of 2 8/19/2008 Woodstock Institute -New Research Illustrates Devastatitlg Impact of Foreclosures on Pr... Page 1 of i Loam tim'c About WuunsUrck ~~Get 6natl Updates Go search Site ~~ Go Home AL•out Us ~~ Focus Meas Research Pofky ^~~ Pact souk ~ Nawsr«mr din Coalitlo{t f Olog }}~~ r `s,}' l ~ FOR IMh1EU[ATE RELEASE Contact: Geoff 5nUth, ProJeU Director (312)427-II070 New Woodstock Instlbrto ResearcH IAustrates Oevastat&tg Impact Foreclosures Have orr Noigtrborlrood Property Values A new report by Woodstock Institute, There Goes the Neighhorhood: The Effect of Single-Panrfly Mortgage Foreclosures on property Viloes, shows that foreclosures have a significant negatNe effett on neighboriwod property values. Altlwugh foreclosures have long been considered a problem assodates with PHA loan programs, recent research has shown that tJte explosion in toredosures that began ht the 1990s was primarily driven by the growth of high-risk, convent+onal subprime lending. "Mry debate about the costs and benelRS of subprime lending needs to include consideration of the Impact that felled subprime loans have not just en the individual homeowner or fender, but on the community as a whole," says Geotf Smith, Protect Director at Woodstock institute aid co-author of the repot. Tate report uses a unique database that combines data on the location of foredosures wRh data ai neighisarhood aril property characteristics for more than 9,600 single-family properties Bald fn the city of Chicago to measure that impact that nearby foreclosures have on property values. Even after controcling for more than 40 characteristics of properties and thetr respective neighhrnhoods, the study finds that foreclosures of conventional, single-family loans have a significant impact on nearby property values. The report's key findings Shaw: Each foreclosure of a conventional mortgage within an eighth of a mile (essentially a city block) of a single-farnlly home results a dedlne In property value between 0.9 and 1.135 percent. Less conservative estimates also show that each conventional foreclosure between an eighth and quarter of a mile le<~rls to an additional 0.325 percent cJedine in single-fanny property values. • For the years examined, this indicates at estimated cumulative city-wide loss m property value due to conventional fm•edoswes between $598 million and $1.39 htillon, For the 3,750 conventional foreclosures In Clncayo during this period, this Is an average of between §iH9,000 anti ¢371,000 curntdative lost property value per foreclosure. These estimates Indutle natty the effects of toredosures on singio-famliY txoperty values and do not inchrde the effects on the values of condominrums, larger rnultifamlly rental properties, and commerdai buildings. When Isolating properties In to+v- and moderate-income neighborhoods, nearby foreclosures have an even larger negative effect on single~famlly property values. Estimates show property values declining by between i.q4 and 1.8 percent for each conventional foreclosure within one eighth of a mile of asingle-family property in a low- or moderate- Income community. Given an average selling price of $111,002 for properties in low- and macerate-income census tracts, tltis amounts to an average loss of between #1,598 artd $1,998 per foreclosure for every single-family property sold In a low- ormoderate-income tract. "Policy makers need to consider the total costs of rrrespatsihie subprime lending and the skrong negative impact chat these risky loans have on the econornlc, sociat, and emotional well being o/ neighborhoods aid tides devastated by skyrocketing foreclosures," says Smith. The full version of Che report is available for download: r,~ There Goes the Neighborhood: The Effect of Single-Family Mortgage Foreclosures on Property Values Woodstock institute, founded in 1973, rs a natiorratly-recognised resource on cred/Y and Cap$at ueerts of !ow-nrcome and rrrlnortty conununities. Tire Institute engages In applied research, policy development, and techrrtca! assistance to promote cornrnunlty aconomfc develaprrreut. rtk#tF Oookmark with; ~~~c~ ~~~~~ ~~ ~~r~ ~ ~d~ < Prev Next > Rncont Press Releases Woodstock Institute Applauds House Committee Approval of the Credit Cardholders' BIII Of Rights Ohio moves to cap payday loan rates, Action needed to protect 11IInd5 borrowers [+) Vlew Ail Press Releases 29 [. Marlison, Suite 1710 I Chicago, Illinois GOG07.-456C> I (312) 36fl-0310 tel ~ (312) 36R-0316 tax i Career OpportuNtles (Links I Site Requirements I Privacy I SRe Map I http:I/wwvv.woodstoelcinst. org/ior-the-press/press-re~~~seslnew-research-illustrates-devasta... 8/ 15/200 8 RECORDS OF PROPERTY SALES BE SECTION 25: 1340 Pierce Terr 4531 Fillmore St ~ ~ 1340 Pierce Terr 2227 Maiden Ln G. APRIL 2008 DATE PURCHASE PRICE 4/14/2008 157,590 Feb-48 j 200,000 4/3/2048 157,594 4/29/2008 195,000 ~ EMV OF PROPERTY 204,600 225,344 ~ 204,644 187,140 REDUCTION % -22.80% -11.20% j -22.80% 4% j 8/14/2048 INFO FROM HS/CRV Ban[s/For ---I HS * CRV CRV CRV 1070 Grandview Crt #30 3 5/1/2008 149,940 200,940 -25% CRV 4550 Polk St 7/1612048 185,004 180,200 2°1o HS 4532-34 Fillmore St 12/3/2007 189,900 328,600 ( -42% CRV 1150 Polk P! 7!212008 222,400 i 248,640 -11% CRV j 1227 45 112 Ave 6/26/2008 156,400 192,200 -19% CRV ` I SECTION 26: 664 48TH AVE 666 461/2 Ave 5101 7th St 5240 7th St 4/22/200$ 4/23/2008 1123/2008 2/25/2448 120,954 119,000 84,000 195,044 199,504 -39.34% HS 184,200 -34% HS 139,200 -40% CRV 198,244 ~ -1.60% CRV * 4654-52 Wash 3/28/2008 155,000 218,200 I -29°lo CRV 4654-56 Wash 3/2812008 155,000 234,800 -34% CRV 4505 4th St 3/21/2008 114,000 ` 152,000 -27.70% CRV 793 Parkside Ln j 5/16/2008 , 164,697 196,200 -16% HS 4753 4th St 5/8/2008 149,900 158,300 -5% HS 620 SuR Dr 5/15/2008 235,000 216,900 + HS 818 50th Ave 4/281204$ 167,500 ! 200,400 -16% CRV 786 Parkside Ln _ new 5/17/2048 155,000 243,440 -36.30% ! CRV 781 Parkside Ln new 5/30/2048 ' , 159,904 238,500 -33% CRV 790 Parkside Ln I new 5/30!2008 159,940 230,700 -30.60% CRV j 813 Parkside Ln 5135 7th St 4729 5th St jnew 5/30/2448 5/23/2008 7/3112048 230,900 149,904 161,$00 226,440 ~ 197,804 186,600 2% CRV -24% CRV -13°l0 ( HS 651 46th ave 7/7/2048 136,000 159,804 -15% ( HS 4645 Washington 10/2412447 165,040 224,300 -26% CRV * 782 Parkside Ln ( 5/30/2048 159,900 ~ 243,400 j -34% CRV 801 Parkside Ln 6/2012448 234,900 ! 226,404 2% CRV 793 Parkside Ln 5/1612008 164,697 ~ 238,500 -31°l0 ` CRV 785 Parkside Ln 5t30f2008 161,944 238,504 -32% CRV 5425 6th St 4924 6th St 4558 Jefferson st 6130/2008 ( 160,040 213,840 6/27/2408 115,040 155,400 7!8!2008 90,444 160,004 -25% -26% -44% CRV CRV CRV j ~ SECTION 36: - 4244 Washington St 7/7/2008 99,750 189,200 -47.00% CRV * 4148 Quincy St 6/27/2008 90,000 163,100 -44.80°lo CRV 4453 Madison St 8/7/2008 159,500 174,000 -8.00% HS i SECTION 36: ~ 1611 37th Ave 4/112008 119,531 198,400 -39.80% HS 4212 Arthur St 4/1012008 130,000 189,600 -31.40% HS * 4151 Stinson Blvd ~ ~ Feb-08 ( 201,465 ~ 334,600 -40% CRV 1116-18 45th Ave 3/201200$ 139,023 209,200 -33.60% CRV 132341stAve 5/28/2008 200,000 211,700 -5.60% NS 3912 Hayes St 5/30/2008 197,900 187,800 5.40% HS 4146 Cleveland 4!11/2008 193,500 199,500 -3% CRV 4108 Stinson Blvd ~ 4/10/200$ 185,000 221,300 -16.40% CRV 1323 41st Ave 5128/2008 200,000 212,700 -6% CRV 4428 Tyler St 4/25/2008 169,888 182,200 -6.70% CRV I 4110 Cleveland St 5116!2008 203,000 208,900 -2.80% CRV j 3926 Ulysses St 3125/2008 200,000 267,300 -25% CRV * 1011 41 St Ave #112 ~ ~ 5/1 912 0 0 8 ( 95,000 ~ 138,600 ~ -31.40% ~ CRV 3919 Tyler St 411012008 52,000 175,700 -70% CRV 4226 Polk St 5!23/2008 160,000 178,400 -10.30% CRV 1327 43 112 Ave 6/4/2008 ( 188,900 ~ 188,800 0 CRV 1127 42 112 Ave 6/13/200$ 215,000 213,000 ~ 1 % CRV 4207 FiBmore st 6/18/2008 241,000 ( 222,000 ~ 7.80% i CRV ~ 1455 42nd Ave 6/13/2008 182,000 235,300 -22.60% CRV * 1314 43 1/Z Ave ( 6/24/2008 199,000 205,500 -3% CRV 1600 39th Ave ( 5/30!200$ 204,900 208,600 -1.80% CRV 1316-1$ CirTerr Blvd 4/30/2008 144,400 292,900 -50.60% CRV * Property Address: Page 1 of 4 Property Condition Report Columbia Heights Initial Residential Rental Property Inspection (Carefully read this entire report) THIS REPORT IS NOT A WARRANTY, BY THE CITY OF COLUMBIA HEIGHTS, OR EVALUATOR OF THE FUTURE USEFUL LIFE, OR THE FUTURE CONDITIONS OF ANY BUILDING COMPONENT OR FIXTURE. Address of Evaluated Dwelling: Licensee's Name: Licensee's Address: Type of Dwelling: Single Family Duplez Townhouse Condo* _ For condominium units, this evaluation includes only those items located within the residential units and does not include the common use areas, or other areas of the structure. Present Zoning District Present Occupancy: Conforming ! ~ Non-conforming C Reason for Nonconforming Status: Comments: Property location and possible use restriction information: Has open permits. Completion and/or occupancy restrictions or requirements may apply. Habitable area of dwelling unit limits occupant load to PROPERTY OWNER/REPRESENTATTVE DISCLOSURE STATEMENT: TO BE COMPLETED BY THE OWNER OR THEIR REPRESENTATIVE. I, THE OWNER OR REPRESENTATIVE OF THE OWNER, DECLARE THAT AS OF THIS DATE, THERE _ ARE _ ARE NOT CODE VIOLATION ORDERS PENDING ON THIS PROPERTY FROM ANOKA COUNTY PUBLIC HEALTH OR ANY OTHER CITY OF COLUMBIA HEIGHTS' AGENCIES. I FURTHER DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THERE HAS HAS NOT BEEN FLOOD DAMAGE, SEWER BACK-UP OR WATER SEEPAGE IN THE BUILDING. Y >2. Signature of the Owner or Representative Date This Report: 1. Is intended to provide basic information to the Owner prior to the issuance of a rental license. Minimum standards for this report are contained in the City of Columbia Heights City Code (Chapter ~). This report WILL be used to enforce requirements of the City Code. 2. Is not a warranty by the City of Columbia Heights of the condition of the building, or any building component, nor of the accuracy of this report 3. Covers only the items listed on the form and only those items visible at the time of the evaluation. The Evaluator is not required to use a ladder to observe the condition of the roofing, disassemble items or evaluate inaccessible areas. 4. Is valid for one year from the date of issue and only for the owner named on this report. Questions regarding this report should be directed to the Evaluator. Complaints regarding this report should be directed to City of Columbia Heights, Community Development, Residential Rental Property Inspection Program, 590 40"' Avenue NE, Columbia Heights, MN 55421, Phone No. 763.706.3678 112 Property Address: Page 2of 4 "M"= Meets minimum requirements -the item complies with the minimum Housing Code requirements. "B"= Below minimum requirements -the item is below minimum Housing Code requirements. "C"= Comments -the item cannot be adequately evaluated or it has some deficiency, but the deficiency is insufficient to make the item below minimum requirements. "H"= Hazardous -the item in its present condition may endanger the health and safety of the occupant. "RR"= Repair/Replace -the item requires either repair or replacement. "Y"= Yes "N"= No "NV"= Not visible/Viewed "NA"= Not Applicable Any item marked "B", "C" or "H" must have a written comment about the item. Additional comment sheets may be attached if needed. Item# Comments BASEMENT/CELLAR 1. Stairs and Handrails ................................................... 2. Basement/cellar floor .................................................. 3. Foundation .............................................................. 4. Evidence of dampness or staining ................................... 5. First Floor, floor system .............................................. 6. Beams and columns ................................................... Electrical Service(s) # of Services ....................... 7 Service Size: Amps: 30 60 100 150 Other Volts: 120 120/240 8. Electrical Service installation/grounding ........................... 9. Electrical wiring, outlets and fixtures ............................... PLUMBING SYSTEM 10 Floor Drains ............................................................ 11. Foundation drainage (Sump Pump) ................................ 12. Waste and vent piping ................................................ 13. Water piping ........................................................... 14. Vacuum breakers on faucets ......................................... 15. Gas piping (All floors) ................................................ 16. Water heater(s) installation .......................................... 17. Water heaters} venting .............................................. 18. Plumbing fixtures ..................................................... HEATING SYSTEM(S) # of ......... 19. Heating plant(s) Fuel: Type: a. Installation and visible condition ................................. b. Viewed in operation ................................................ c. Combustion venting ................................................ The Evaluator is not required to ignite the heating plant(s) 20. Additional heating unit(s) Fuel: Type: a. Installation and visible condition ................................. b. Viewed in operation ................................................ c. Combustion venting ................................................ ADDITIONAL COMMENTS ................... 21. KITCHEN 22. Walls and Ceiling 23. Floor condition and ceiling height 24. Evidence of dampness or staining 25. Electrical outlets and fixtures 26. Plumbing fixtures 27. Water flow 28, Window size and openable area 29. Window condition 113 Property Address: LIVING AND DINING ROOM(S) 30. Walls and ceiling 31. Floor condition 32. Evidence of dampness and staining 33. Electrical outlets and fixtures 34. Window size and openable area 35. Window condition HALLWAYS, STAIRS AND ENTRIES 36. Walls, ceiling and floors 37. Evidence of dampness and staining 38. Stairs and handrails to upper floors 39. Electrical outlets and fixtures 40. Window condition 41. Smoke alarm(s) / CO Alarm BATHROOM(S) # of :Full Partial 42. Walls and ceiling 43. Floor condition 44. Evidence of dampness or staining 45. Electrical outlets and fixtures 46. Plumbing fixtures 47. Water flow 48. Window size and openable area or mechanical exhaust 49. Condition of windows or mechanical exhaust. SLEEPING ROOM(S) # of 50. Walls and ceiling 51. Floor condition, area, and ceiling heights 52. Evidence of dampness or staining 53. Electrical outlets and fixtures 54. Window size and openable area 55. Window condition 56. Smoke alarms / CO Alarm Properly located Hard-wired ENCLOSED PORCHES AND OTHER ROOMS (Evaluator shall identify each additional room separately and Comment when necessary.) 57. Walls and floor condition 58. Evidence of dampness or staining 59. Electrical outlets and fixtures 60. Window condition ATTIC SPACE (Visible area) 61. Roof boards and rafters 62. Evidence of dampness or staining 63. Electrical wiring, outlets and fixtures 64. Ventilation ADDITIONAL COMMENTS 65. Page 3of 4 114 Property Address: EXTERIOR 66. Foundation 67. Basement/cellar windows 68. Drainage (grade) 69. Exterior walls 70. Doors (frames/storms/screens) 71. Windows (frame/storms/screens) 72. Open porches, stairways and decks 73. Cornice and trim 74. Roof covering and flashing 75. Gutters and downspouts 76.Chimneys 77. Outlets, fixtures and service entrance 78. Vacuum breakers on outside faucets GARAGE 79. Roof structure and covering 80. Wall structure and covering 81. Slab condition 82. Garage doors 83. Garage door opener 84. Electrical wiring, outlets, and fixtures 85. Additional Comments YARD 86. Grass coverage 87. Sidewalk. 88.Driveway 89. Trees/Shrubs 90. Weeds Page 4of 4 I hereby certify that the above report is made in compliance with the City of Columbia Heights City Code, Chapter 5, and that I have utilized the care and diligence, reasonable and ordinary, for meeting the certification standards prescribed by the City Property Maintenance Code. I have found no instance of non-compliance with the items listed above as of the date of this report, except those designated herein. 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'~ r} . 1~ In ,?gym ° «'.."r~ {'_}.~pf fir,.' >Frfs' a ,h L-,s .~ 6 ~~4•~,~ ~ ~ r t ,~, 5.,~ ~~ - z ~, . yyy~ .y iw'11 ,~k a~rr ~} f -b " _J ' - -"'+ .-'tea +-' _ ...- ~ a F ai Y t~A'!ti {fN ii ~~, i~x, ,.{ riY, RNs .` ., td2att.l +ita`mix:a.a {~4~ 1 9 d t+a i a t +*1~ i~py'~ ~{ 3t9 t~d a~i~9ft $id F,~~'dVV~•"~S~"i ~ds~ dig R+i a3 fia "' {4 at p t { 8, i t ` t a' 6~8 ~# f i a~f ,~ ~~~~ f.~d ~' 4 {,0 'a.a .. i a - \, 'r ~ ~ - ~~ , ~ p w ~ ~ ~~ a ~ ,- ~ ~ >r ,~ ~: ~ ~ ~ ~ ,~ ,> %~ ~ r ~ ~ pax 3 ~ ~~ ~ , ~ s ~ ~4i .6 ~ , ~ f~'3~ ~ ~~ ' ~ -~ t.'~.k~N'~ Y.s ~ ~ ~ ~ ~_ _~ _ _ _ ;'dC ~cr?.~:E~f ,,~ ~..(, f~~~ ~~ ,k~'~~~I(.~P in~d,z~Ef~> ;tl`(E~'! `C~ '4C~,'a`r 404A Saint Craix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 Phone: 651-998-0332 Fax: 651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com November 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 east and north retaining walls are completed. The main drive, curb and gutter, and first layer of bituminous has been installed. The east basement walls are 90% complete. Update on Budget: See attached. Major Changes: TENTATIVE BID PACKAGE 3 BIDDING SCHEDULE Plans Available the week of October 27, 2008. Pre-Bid Meeting November 13, 2008 Bid Date December 2, 2008 Partial award of Bid December 8, 2008 Balance of award of bid December 15, 2008 Bid Package 3 CH3-04-1 Masonry CH3-05-1 Miscellaneous Metals CH3-07-1 Roof System CH3-08-1 Apparatus Bay Doors, Garage Doors, Overhead Doors, Sectional Doors CH3-08-2 Aluminum Entrances, Storefront, Glass and Glazing, Aluminum Windows CH3-09-1 Wood, Plastics and Composites, Rough Carpentry, Finish Carpentry, Interior Architectural Woodwork, Solid Surface Fabrications, Hollow Metal Doors and Frames, Flush Wood Doors, Access Doors and Frames, Detention Doors and Frames, Door Hardware, Tubular Skylights, Metal Lockers, Wood Lockers, Toilet Compartments, Toilet Accessories, Wire Mesh Partitions, Corner Guards, Fire Extinguisher Cabinets, Fire Extinguishers, Flag Poles, Unit Skylights, Tubular Skylights, Specialties, Detention Equipment, Horizontal Louver Blinds, Entrance Mats and Frames CH3-09-2 Gypsum Board Systems and Metal Framing CH3-09-3 Porcelain Tile CH3-09-4 Resilient Flooring, Carpet CH3-09-5 Specialty Floors CH3-09-6 Acoustic 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, Fire Alarm, Security, Voice and Data, Television Items to be bid out later: Firing Range Equipment Furniture, Fixtures, Equipment Data Telephone cc: Dave Olds, Buetow and Associates CH-PSB 2008-2 October 3 L,2008 APPLICATION p8 PRO.iECT NAME: COLUMBIA HEFGHTS PU BLIC SAFET7' BUILDING 2008-2 APPLIC. DATE O ctober 31,2008 E D S BUILDERS, INC. PERIOD FROM: O ctober 1, 2008 CM APPLICATION SUMMARY TO: O ctober 31, 2008 I ITEM I I I I I PREVIOUS WORK COMPLETED { TOTAL { { I NO./ I DESCRIPTION OF WORK I ( I REVISED { "COMPLETED_ - I COMPLETED { .,, { I BID I I ORIGINAL {CHANGE OI2DEF) CONTRACT { & STORED I WORK I STORED I @ STORED ( I I NO I I COMRACT { & REVISIONS I AMOUNT { TO DATE" I IN PLACE (MATEft1ALS I TO DATE { ( ( CHI-03-1 {ENT CONCRETE -North Caun[ry { 299,2#0.00 { I 299,240.00 I I I I 0.00 I 0.00 { I CH2-03-i I CONCRETE -Steenberg-Watrud I 805,200.00 I i 805,200.00 { { 179,485.00 ( I 179,485.00 ( 0.22 I CH2-03-2 I I PRECAST - Molin { 335,795.00 { ( 335,795.00 ( I { { 0.00 { O.UO ( I CH2-OS-1 I STEEL, M[SC hf ETALS - HerF~gren ( ' 338,091.00 I ( 338,091.00 { I 15,500.00 ( 63,580.00 { 79,080.00 ( 0.23 { CH3-04-1 IMASONRI - I I ( 000 I I I I 0.00 { #gpNkk I { CH3-OS-1 I M1SC METAL/ORN METALS { { I 0 00 I I I I 0.00 { #Nqq## ( ~ CH3-07-1 I ROOFING, S/M - I I I 0.00 I I I i 0.00 (gqqq## I I CH3-08-1 (APP/GARf1GE/OH DOORS { I I ( ( I 0.00 { ggqqq# ( I CH3-08-2 {ALUM ENTRANCES/STOREFRONT { { { 0.00 I I I I U.00 { #gqqq# { I CH3-09-1 {ROUGH/FINISH CARP, F,TC. - { { { 0.00 { ( { I 0.00 { k##Nqq ( I CH3-09-2 I GYPSUM HOARD - { { { 0.00 I ( ( I 0.00 { q##NNq ( I CH3-09-3 { CER4h1IC &~ PORCELAIN TILE - I I I 0.00 I I I I 0.00 { qq#N#N I I CH3-09-4 (RESILIENT FLOORING CARPET - / I I I 0.00 I ( I I 0.00 (qq#Nkk { I CH3-09-5 (SPECIALTY FLOORS - I I I 0.00 I ( I ( 0.00 I #qq#kk I ( CH3-09-6 (ACOLlST(C.4L CEILINGS - I I I o.oo I i i ( o.oo I o.oo I ( CH3-09-7 {PAINTING - I I { 0.00 I I I I 0.00 { q#ggNq { ~ ~'H3-14-1 {HYDRAULIC ELEVATOR- I I ( 0.00 I I I ( 0.00 { qN#q#N ( CH3-t~-] PLUMBING - I I 0.00 { I I ( 0.00 { N#NggN { { CH3-15-2 I MECHANU~AL, T/C, BAL - I I I 0.00 { { I { 0.00 I pq#qqq ( I CH3-15-3 EOTHERMAL- i~ I I I o.ao 1 I I I o.oo I q###aq I I CH3-15-4 { Flhi PROTECTION - { I I 0.00 I I I I 0.00 I #qqN## ( I CH3-16-1 { ELECTh.~AL, FIRE ALARM - { I ( 0.00 I I I I 0.00 I qq#Nqq I I CH3-16-2 {SECURITY - I { { 0.00 I I I I 0.00 (#qqN#N i I I VHF RADIO - I ( I 0.00 { { { { 0.00 { ggqqqq { I I (FIRE RANGE EQUIPMENT - I I I I I 1 I I I I I I I I i I I I I I ---------------------- I I ____------------------ -- -------------------------_-------------- -- - I SUH':'OTAL -.4LL BID PALS I -- ---- -. .-_-_-____ __ __ ------------------- --------------------- -- - 2,64-7,826.00 I 0.00 ( _---_--_____________ -. _ -------------------- - - 2,644,826.00 I -------------- - --------------- -- --------------- -- --- 263,950.00 { -}69,750.00 I 63,58p.00 I ------------ -- -------- -- 797,280.00 I 0.30 I I PI R2CHA8E ORDERS ( I I I I ______________ _' -.___________- -f _ _________---- _' _______-- -' 42000-001 1070 I I {SURVEYOR - REMPER 8; ASSOCIATES { I I 5,920.00 I { I 5,920.00 I I ( I 5,920.00 I { i I I 5,920.00 { 1.00 I 42000-002 {PHASE 1 - ALLPHASE COMPANIES { 1,380.00 I I 1,380.00 I 1,380.00 { ( { 1,380.00 I 1.00 I 42000-003 { GEO TECH -BRAUN 1NTER7EC { 5,640.00 ( { 5,640.00 { 5,640.00 ( { ( 5,640.00 I 1.00 I 42000-004 - Reimb I PRELIM PLAT - KEMPER ffi ASSOCL4T1 { 0.00 { I 0.00 I I I I 0.00 { ##gNNq I 42000-005 {GEOTHERMAL TEST - MMER4L SERV { 8.067.00 { I 8,067.00 I 6,349.00 I 694.50 I { 7,0-73.50 ( 0.87 I 42000-006 -Reim I TEMP HOOKUP -SHORTSTOP ELECTF I I I 0.00 I I I I i I 42000-007 -Reim I JOB TRAILER -HILLTOP TRAILER I ( I 0.00 I { I ( I I 42000-008 -Reim I TEMP TOILETS -JIMMY'S JOHNNYS I I ( 0.00 { { { ( I ( 42000-009 -Reim {SECURITY - KARAS TECHNICAL BERV I I I 0.00 { I I I I I 42000-010 -Reim I PRIMING - ERS I I I I I I I 0.00 { I I I I I I I I I I I ( SUBTOTAL-PURCHASE ORDERS ( 21,007.00 I 0.00 { 2],00'".00 I 19,289.00 { 694.50 { 0.00 { 19,963.50 { 0.95 I I I ________________________ I CONTRACT SUM I __ ________--______________--_-__________- -- _ 11,500,000.00 ( 0.00 I _______-.---______ __ __----_-___-_____- ---- 11,500,000.00 I _-________---_-_-_ __ __ 886,651.25 { 513,311.84 { 63,580.00 I ____---_-_-____ __ _-___________ -_ . gVALUEI I ggkq#q Page 2 of 2 BY: KATHY ALLEMAN EARL (DOCI SM17H, P.E. I I I TOTAL { { BALANCE { RETAINAGE { TOTAL I COMPLETED I NET AMOUNT (LIEN TO FINISH IT I Ht3 PERIOD { RETAINAGE (LESS RETAINAGE ( I I I REQUESTED { WAVEF ( ^_99,240.00 { 0.00 ( 0.00 { 0.00 { 0.00 ( 625,1 15.00 { 8,974.25 { 8,974.25 { 170,510.75 ( 170,510.75 ( 335,795.00 ( 0.00 { 0.00 { 0.00 { 0.00 { 259,011.00 ( 3,954.00 { 3451.00 { 75,126.00 { 75,126.00 { o.no I o.oo { O.oo { o.oo i n.oo { o.oo I o.oo { o.oo { o.oo { o.oo I o.oo { o.oo I o.oo { o.oo { o.oo { 0.00 { 0.00 { 0.00 ( 0.00 ( 0.00 { 0.00 I 0.00 { 0.00 { 0.00 { 0.00 { 0.00 { 0.00 { O.DO I 0.00 I 0.00 ( 0.00 { 0.00 ( 0.00 ~ p.On ( 0.00 ( o.oo I o.oo { o.oo I o.oo { o.oo I 0.00 { 0.00 { 0.00 I 0.00 { 0.00 I o.oo I o.oo I o.oo { o.oo { o.oo { o.oo { o.oo { o.oo { o.oo { o.oo I 0.00 { U.00 { 0.00 { 0.00 I 0.00 { o.oo { o.oo I o.oo { o.on { o.on { 0.00 { 0.00 { 0.00 { U.00 { 0.00 I o.oo { uoo ( o.oo I o.on ( o.oo { o.no { o.oo I o.oo t o.oo { o.oo I o.oo { o.oo ( aoo ! o.oo { n.oo { o.oo { o.oo { o.oo { o.oo I o.oo { o.oo { o.oo { o.oo { o.oo { o.oo { o.oo { I I o.oo I I I o.oo { [ I o.oo { I I o.oo { I I ------------- -- ------------- -- -------------- - 1,847,546.00 { 26,666.50 { 39,864.00 I O.p0 { { 0.00 { 0.00 I { { O.DO { ( I 0.00 I { I 1,023.50 I I I I I I 1,023.50 I 0.00 { 0.00 I k V.4LUE1 I 26,666.50 I 39,864.00 ( 757,416.00 { 506,663.50 I 5,920.00 I 0.00 I 1,380.00 I 0.00 I 5,640.00 { 0,00 { 0.00 I 0.00 { 7,043.50 I I ( I ( 644.50 { I I I I I 19,963.50 I I I I 644.50 I #VALUE! I #VALUEI { Page i of 2 CH-PSB 2008-2 O<rober 31,^_008 PROJECT NAhI E: COLUMBIA HEIGHTS PVHLIC SAFET7' BUILDING E D S BUILDERS, INC. Chi APPLICATION SUMMARY I TIEM I I I NO,/ I DESCRIPTION OF WORK I I B1D I I 1 NO. I I 1------------------------ ---------------------------____________________ __. I ( REiMBURSAHLES 1 12008_2 1 _________________ 1 I i I I 1.070 I SURVEYOR -ITEM PER & ASSOCIATES I I 1071 I PRELIMINARY' PLAT - Kemyer ( I Contract 1420 I TESTING LABORATORY ( I Contract 1421 (CONCRETE TESTING-BRAUN ( I 1510 t OFFICE EaPENSES I I 1515 1 PRINTING I 1 PU 42000-030 1515 I PRINTING -ERS I I PO 42000-010 1515 I PRINTING -ERS I I 1515 (PRINTING - Planhalders Checks ( 1 1522 I TEMPOW4RY' POWER & HOOK UP ( ( PO 42000-006 152 I TEMPORARY POWER HOOK UP-9horte I ( 1524 (TEMPORARY HEAT I I 1525 )TEMPORARY TELEPHONE ( ( 1526 I TEMPORARY WATER I I 1527 (TEMPORARY TOILET I I PO 42000-008 152 i I TEMPORARY TOILET - Jimmy s Johns I I 1530 (POSTAGE AND DELNEkY I I 1531 IPROGREBS PHOTOS I I 1540 (BARRICADES AND PROTECTION I I 1570 I SNON REMO1'AL I ( 1590 I PROJECT S'1GN 1 I 1600 )SECURITY-VARDA I ( FO 42000-009 I60C I SECURITY - Karas Technical Sen~ces I ( 1610 (EQUIPMENT COST I I 1636 I EQUIPMENT COST-JOB TRAILER ( I PO 42000-007 169E I JOH TRAILER - Hilttop Trailer Salea. I I 1640 I TRUCK AND HAUL I I 1720 1 CLEAN UP lOB ( I 1730 I FSNAL CLEAN UP I I 1740 (DUMPSTERS I I 1800 (WINTER PROTECTION MASONRY I t I I I I DIRECT COSTB I ( I ________________ I I )ARCHITECTS FEE-BUETOW I 1 )ARCHITECT-BUETOW REIMBURHABL:1 I I C. M. FF,E-E D S BUILDERS ( i I PROF SERV % LEGAL & FISCAL 1 1 I BOND COST ( I (ADVERTISING-PROPERTY I I )SAC Bs WAC I ( (STATE SURCHARGE I I I AUILDERS RISii INSURANCE I I I BUILDING PERMIT 106[1-BY OWNER I ( I CONSTRUCTION CONTRACT -PERMIT I I I PLAN CHECK FEE I I )PRE-CONSTRUCTION TESTNG I I IFF&E ( I (COMPUTERS I 1 I PROPERTY ACQUISITION FEE I I (INTEREST ON INVESTMENT I I I PLAN DEPOSITS I 1 (GEOTHERMAL I I (DATA/TECH/PHC 1 1 I FIRER OPTICS 1 I t I i I i i - I ---------------°------------------- I I IlUHTOTAL-REIMBl1RSAHLES/DIRECT I i -.-.-_-- I I I CONSTF:UCTIUN CONTINGENCY I I 1 '-------------""-- I I I I I I BID PACIiP.GE 3 CONTRACTORS I I I TRADE CONTRACTORS I I I ( I CH1-02-1 I EARTHWORK, ETC. - Landwehr I I CHI-02-2 (ASPHALTIC PAVING -Hit Roadways I I I I I OkIGlNAL I CHANGE ORUEI I CONTRACT I & REVISIONS I __________________ _' _-- -. I I i I I 5,000.00 I I 4,200.00 I I 20,000.00 I 10,000.00 I I '20,000.00 I ]4,000.00 I ( 13,099.77 I 1,000.00 I 3,131.58 I I 8,768.65 I I I 11,000.001 I 33,845.00 I 2,155.00 I 49,800.00 I 7,800.00 I 1 =00.00 I 2,514.77 I 3,985.23 I 2,000.00 ( 1,300.00 ( 13,000.00 I 2,000.00 1 1,500.00 ( x02.00 I 4,598.00 I 3,500.00 I 464.05 I :1,835.95 I 700.00 I 23,200.00 I 13,900.00 I 3^_,100.00 I 24,500.00 I I 1 649,250.00 ( 20,000.00 ( 329,000.00 I 108,800.00 I 11,586.75 600.00 I 3,900.00 ( 26,000.00 I 0.00 I I I ( 700,000.00 I I I I 1 300 000.00 I 600 x00.00 I 47,000.00 I I I --°--------- I ----------------- 3, 083, 050.00 I 4 I , 588.75 I 614,437.00 I 141, 588.751 I 5,136,6RO.U~? I A 7?9,000.00 I 137,500.00 ( 2008 2 ( PREViOUB REVISED I "COM PLETEU CONTRACT I & STORED AMOUNT I -_----_------_.-_ 'i - TO DATE" __------_-'-'--- I 5,000.00 I 4,200.00 I 3,510.00 so,a0o.oo I 1.67o.7s 20,000.00 I 14,000.00 I 3,996.27 14,099.77 I 292.60 3,131.58 I 3,131.56 8,768.65 I (1,000.00) I 33,845.00 1 1,364.00 2,155.00 1 2,155.00 49,800.00 1 7,800.00 I 717.67 1,200.00 1 2,514.^.7 I 3,985.23 I 128.42 2,000.00 I 71.59 1,300.00 I 13,000.00 I 613.61 2,000.00 I 1,500.00 I 1,337.79 402.00 I 4.50 4,598.00 I 4,598.00 3,500.00 I 1,259.01 464.05 1 3,835.95 1 1,311.89 700.00 ( 335.00 23 00.00 1 13,900.00 1 32,100.00 I 24soa.oo I 660,838.75 20,000.00 3^9,000.00 0.00 ]08,800.00 o.ao 600.00 3,900.00 28,000.00 0.00 0.00 0.00 o.oo 700,000.00 0.00 o.oo o.oo 0.00 300,000.00 000,000.00 47,000.00 o.oo APPLICATION #8 BY: BATHS' ALLEMAN APPLIC. DATE October 31 _008 EARL !DOCI SMITH, P.E. PERIOD FROM: October I, 2008 TO: October 31, 2008 WORK COMFLETED ( TOTAL I I ( I I TOTAL ( ( _ _ I COMPLETED I ,.~ 1 BALANCE 1 RETAINAGE I TOTAL I COMPLETED 1 NET AMOUNT (LIEN 1 WORK ( STORED I & STORED I I 'f0 F/N1SH (THIS PERIOD I RETAINAGE (LESS RETAINAGE I REQUESTED I WAVEF I 1N PLACE I MATEft1AL5 I TO DATE I I 1 ( I ( 1 690.00 7,946.13 1,060.55 8,768.65 198.87 100.00 x6.56 159.56 57, 3 3 753.15 315.70 ]00.00 298.20 2, 725.56 20,247.27 487,183.75 6,387.80 73,120.27 10,223.00 I 3,124,638.75 I 603,412.25 I i I 572,848.25 I I ( I ( I 5, 135,680.00 I I 1 I I I 729 000.00 I 263,950.00 I 13 1,500.00 I 92,867.34 I 274,765.00 I I 1 I I I I 0.00 1 I ( ( 0.00 I I x,200.00 I Lon I I 9,616.88 ( 0.32 I I 0.00 ( 0.00 ( 1 5,056.83 I 0.36 I I 292.60 I 0.02 I ( 3,131.58 I 1.00 I I 8,768.65 I 1.00 I I o.oD I o.DO i ( 7,364.00 I 0.00 I I 2,3s3.e7 I o.o0 1 ( 0.00 I 0.00 1 I 817.61 1 0.10 I 1 46.56 I 0.04 I 1 U.00 1 0.00 I I 287.98 1 0.07 I I 128.72 ( 0.06 I I 158.16 I 0.12 I I 929.31 I 0.07 I I o.oo I o.oo I I 1,337.79 ( 0.89 I I 4.50 I 0.oi I I 4,598.00 I 1.00 I I 1,359.07 I 0.39 I I 0.00 I 0.00 I I 1,609.78 I 0.42 I I 335.00 I 0.48 I I 0.00 I 0.00 I I 0.00 I 0.00 I I D.oo I 1 I I I 0.00 I i i i i i ( I aVALUE! 1 I 1 aq#a## ( I 9,113.36 I 0.46 I I 93,367.54 1 0.28 I I 0.00 I ##a### I I 0.00 I 0.00 I I o.oo I a#a##a I I 0.00 I 0.00 I I 0.00 I I.DO I I 10,223.00 I 0.00 ( ( 0.00 I p##### I I 0.00 1 ##aa## I I 0.00 I ###### I I o.o0 1 0.00 I I o.oo I 0.00 I ( 0.00 I ###a## I I o.oo I aaaaaa I 1 0.00 I D.oo I I 0.00 I 0.00 I I 0.00 I 1.00 I I 0.00 I 0.00 I I 0.00 I 0.00 1 1 o.an I i I I 1 -- -- I -------------- i 0.00 I #VALUEI I --------- I ##p### I i I I 0.00 I I ( i 0.00 I I I I I 0.00 I I I 1 0.00 I I ( 1 I 538,715.00 1 ( 0.74 ( I 0.00 I 0.00 I s,ooD.Do 0.00 20,383.12 20,000.00 8,943.17 13,A07.17 0.00 o.nD 32,481.00 1198, 671 49,800.00 6,982.33 1,153.44 2.51x.77 3,697.25 1,871.28 1,146.85 12,070.69 2,000.00 162.2 ] 397.5[1 0.00 2,140.93 464.05 2,226.17 365.00 23,200.00 73,900.00 32,100,00 #VALUEI 10,886.64 235,632.46 0.00 108,800.00 o.Do 600.00 3 900.00 17,777.00 0.00 0.00 0.00 o.oo 7ao,ooo.oo 0.00 o.oo o.oo 0.00 300,000.00 600,000.00 47,oon.oo o.oo #V.4LUE1 I I I I 572,848.00 I I I 1 I I 5,136,690.00 ( 1 I I I I 190,285.00 I 13,738.25 ( 26,935.75 137soo.vo I o.DO I o.oo I I 0.00 I 0.00 4 _00.00 I 690.00 9,616.68 I 7 646.13 0.00 I 0.00 5,056.83 ( 1,060.56 292.60 I 0.00 3,13).58 ( 0.00 8,768.65 I 8,768.ti5 o.oD 1 0.00 1,364.00 1 0.00 2,353.87 I 148.87 0.00 ( 0.00 817.67 I 100.00 46.56 I x6.56 0.00 I 0.00 287.98 I 159.56 128.72 I 57.13 153.15 I 153.15 929.31 I 315.70 0 0o I o.oo 1,337 79 I 0.00 4.50 I 0.00 4,598.00 I 0.00 1,359.07 1 100.00 0.00 ( 0.00 1,609.78 I 298.20 335.00 1 0.00 0.00 ( 0.00 0.00 ( 0.00 0.00 1 0.00 #VALUEI I #V.4LUE! 9,113.36 1 2,725.56 93,867.54 1 20,247.27 0.00 I O.OU 0.00 I 0.00 o.oo I 0.00 0.00 I 0.00 0.00 1 O.DO 10,223.00 1 0.00 0.00 I 0.00 0.00 I 0.00 6.00 I 0.00 D.oo I o.Do o.oo I o.oo 0.00 I 0.00 o.DD 1 0.00 O.oe I o.oD 0.00 I 0.00 O.OU I 0.00 0.00 1 0.00 o.o0 1 0.00 o.oo I o.Do #VALUEI I aVAWEI I I I I I 511,779.25 ( 261,026.75 o.oo I 0.00