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November 24, 2008 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Vsit our website at: www.ca.cnlumbiaz-heinhts.mn.rts Gary L. Peterson Councilmembers Robert A. Williams Bruce Nnwrocki Tanmrera Diehm Bruce KeLenberg Citv 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 Monday, November 24, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALLlINVOCATION Invocation by Rev. Jin Kim, Church of All Nations 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 ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNTrION, ANNOUNCEMENTS AND GUESTS A. Presentation Paid-On-Call Firefighter Retirements B. Presentation Library Foundation Board presentation to Tasty Pizza 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes ofthe November 10, 2008 City Council meeting_ ps MOTION: Move to approve the minutes of the November 10, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the minutes of the October 7, 2008 Library Board meeting. pis MOTION: Move to accept the minutes ofthe September 24, 2008 Park and Recreation pao Commission meeting. MOTION: Move to accept the minutes of the October 16, 2008 Charter Commission meeting. pas City Council Agenda Monday, November 24, 2008 Page 2 of 4 C. Establish work session meeting; on "2009 Housing Financial Strategy" for Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. p27 MOTION: Move to establish a City Council Work Session meeting regarding "2009 Housing Financial Strategy" on Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. D. Establish Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral paa MOTION: Move to waive the reading of Resolution No. 2008-280, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2008-280, being a Resolution establishing a new maximum income of $29,000 for Senior or Retired. and Disabled Persons to be eligible for special assessment deferral. E. Approval of the review of the draft Comprehensive Plan for the City of Columbia Heights• p3o Move to waive the reading ofResolution 2008-281, there being ample copies available to the public. Move to adopt Resolution 2008-281., being a resolution approving the review of the draft copy of the Comprehensive Plan for the City of Columbia Heights. F. Accept bids and award the contract for the 2008 Huset Park Shelter p32 MOTION: Move to approve bids and award the 2008 Huset Park Shelter (structure) to St. Croix Recreation of Stillwater, MN in the amount of $53,500.28; and to Odessa II of Sauk Rapids, MN in the amount of $44,300 based upon their low, qualified responsible bids; and, furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. G. Approval of the reissuance of the license to operate a rental unit(s~ within the City of Columbia Hel~hts at 1307-09 Circle Terrace Blvd. N.E. pas MOTION: Move to issue arental-housing license to Fletcher Wanless to operate the rental property located at 1307-09 Circle Terrace Blvd. N.E. in that the provisions ofthe residential maintenance code have been complied with. H. Approve purchase of Network Data Storage S, s~ p36 MOTION: Move to authorize the purchase of two left-hand network storage modules and atwo- year extended support agreement from Works Computing for $51,470. I. Approval of the attached list of rental housing license applications, in that they have met the p4o requirements ofthe Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for November 24, 2008. J. Approve Business License Applications p42 MOTION: Move to approve the items as listed on the business license agenda for November 24, 2008 as presented, regarding licenses for 2009. K. Approve payment of the bills. p4s MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number l 28I 03 through Check Number 128292 in the amount of $1,715,644.46. City Council Agenda Monday, November 24, 2008 Page 3 of 4 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 2008-285. 4521 Madison Street N.E.. 2008-286. 5056 Washington Street ps4 N.E. 2008-287, 4955 Johnson Street N E. 2008-288 4029-31 2nd Street N.E. 2008-289 679- 81 46th Avenue N.E., 2008-290, 961. 37th Avenue N.E., 2008-291, 1713 Innsbruck Parkway and 2008-292, 3930 University Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights• MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-285, 286, 287, 288, 289, 290, 291, and 292 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-285, 286, 287, 288, 289, 290, 291, and 292 being resolutions of the City Council ofthe City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. B. Adopt Resolutions 2008-293, 1162-64 Cheery Lane N.E., 2008-294, 4326-32 Monroe Street psi N.E. 2008-295 5016 6th Street N.E. 2008-296 4135 Jefferson Street N.E. 2008-297 3906 Van Buren Street N.E. 2008-298 563 38th Avenue N.E. 2008-299 3806 Jackson Street N.E. 2008-300 521 Mill Street N.E. 2008-301 3925 3rd Street N.E. and 2008-302 1218-20 Circle Terrace Blvd. N.E. being Resolutions ofthe City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-293, 294, 295, 296, 297, 298, 299, 300, 301, and 302 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-293, 294, 295, 296, 297, 298, 299, 300, 301, and 302 being Resolutions of the City Council ofthe City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. C. Second Reading of Ordinance 1559, being an Ordinance amending Ordinance No. 1490, City Code of 2005 adding language establishing Abandoned Property P92 MOTION: Move to waive the Reading of Ordinance 1559, there being an ample amount available to the public. MOTION: Move to approve Ordinance 1559, being an Ordinance amending Ordinance No. 1490, City Code of 2005, adding language establishing Abandoned Property. ~. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2008-284. being a Resolution establishing inspection fees for Ordinance pioo No. l 559 re ag rding Abandoned Property- MOTION: Move to waive the reading of Resolution 2008-284, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2008-284, being a Resolution establishing inspection fees for Ordinance No. 1559, Abandoned. Property. City Council Agenda Monday, November 24, 2008 Page 4 of 4 2. First Reading of Ordinance No. 1560. convevinu certain real estate located at 950 40th plo3 Avenue N.E. MOTION: Move to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. MOTION: Move to set a Public Hearing for the second reading of Ordinance No. 1560 on December 8, 2008, in the City Council Chambers at approximately 7:00 p.m. 3. Approval of a Minor Subdivision for property at 950 - 40th Avenue NE. pl6a MOT10N: Move to waive the reading of Resolution 2008-283, there being ample amount of copies available to the public. MOTION: Move to adopt Resolution No. 2008-283, being a Resolution approving a Minor Subdivision ofthe property located at 950 40th Avenue, subject to the conditions outlined in Resolution No. 2008-283. B. Bid Considerations Award the 2008 Sanitary Sewer Lining proiect to Insituform Technologies, USA, Project #0804 MOTION: Move to waive the reading of Resolution No. 2008-282, there being ample copies pl~z available to the public. MOT10N: Move to approve Resolution No. 2008-282, accepting bids and awarding the 2008 Sanitary Sewer Lining Project #0804 to Insituform Technologies USA, Inc. of Chesterfield, Missouri, based upon their low, qualified, responsible bid in the amount of $ 99,076.00 with funds to be appropriated from Fund 652-50804-5185; and, filrthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C. Other Business 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. 10. COUNCIL CORNER 11. ADJOURNMENT , ~, T~ ~ ~' ~ __.... Walter R. Fehst,` City Manager W F/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 10, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 10, 2008 in the City Council Chambers, City Nall, 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. Dave Briley, Oak Hill Baptist Church, gave the Invocation. He told a story of a Polish immigrant couple that was allowed to vote for the first time in this election.. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the presentation of Gym Facility Update, by Joe Primus, Kathy Kelly, and Missy Lee. Nawrocki requested to remove items E, G, H, and I from the consent agenda PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Homelessness Awareness Month Mayor Peterson read the Homelessness Awareness Month Proclamation. B. Proclamation -American Education Week Mayor Peterson read the American Education Week Proclamation. He presented it to Missy Lee, Chairperson of the Columbia Heights School Board. She thanked everyone on behalf of the School Board, Superintendent of Schools, Staff and the students. Nawrocki requested recognition of Veterans Day tomorrow, for those that have given their lives in service of our country. Peterson agreed and asked everyone to acknowledge members of our military with a thank you when you see them. C. Update -Gym facility Joe Primus, District Finance Officer, showed pictures of the gym ground breaking, featuring the drum corps, the architects describing the project, and the "shovel" pictures. He described earth and utility work and pool improvements completed in July and August. September work included footings, block work, brick, and fire protection work. October work included brick, block mechanical systems, steel arrival, cement in the west gym, and AVID class tour of site. Primus thanked the students, staff, parents, and citizens for their patience. Peterson thanked Mr. Primus for his work on this project, along with Superintendent Kelly, and the School Board for their cooperation. Kathy Kelly, Superintendent of Schools, stated that working on this project collaboratively has been a dream. A lot of people have cooperated to accomplish this. This has synergized the community and now we will begin the process to develop the programs. Peterson stated there will be a community celebration at the end of the construction. He reiterated the hope that everyone in the community uses the facility. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve the minutes of the October 27, 2008 City Council meeting. Motion to approve the minutes of the October 27, 2008 City Council meeting. B. Approve minutes of the October 29, 2008 emergency City Council meeting_ Motion to approve the minutes of the October 29, 2008 emergency City Council meeting. C. Accept the minutes of Columbia Heights Boards and Commissions. Motion to accept the minutes of the HRA regular meeting of April 22, 2008. Motion to accept the minutes of the Planning and Zoning Commission meeting of November 5, 2008. D. Adopt Resolution 2008-277, being a Resolution canvassing_municipal general election returns. Diehm questioned the security of our ballots. City Clerk Muscovitz indicated the procedure used to protect the ballots and election integrity. Peterson stated that percentage of registered voters that voted last Tuesday in Columbia Heights was 93.47 percent. That says a lot for our community. The turnout was marvelous. Motion to waive the reading of Resolution No. 2008-277, there being ample copies available to the public. Motion 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, -removed F. Approve the Transfer of Funds from the General Fund to the Police Department Budget to Reimburse the Overtime Fund re: Off-Duty Employment Assi ng_ments Motion to transfer the $735.84 received from ICC, the $984.57 received from Unique Thrift, 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 -removed H. Establish .lohn P. Murzyn Hall rental rates for 2010 -removed. I. Approve agreement for printing, publishing, and distributing the City newsletter. - removed J. Adopt Resolution 2008-278, being a Resolution requesting additional time within which to complete the Comprehensive Plan Review. Nawrocki questioned what the delay has been. Scott Clark, Community Development Director, stated there is a statutory requirement to review the Comprehensive Plan. The 6 next stage will be to ask for Council approval to send a draft to other communities for their review. Diehm questioned who provides our review for other communities. Clark stated that would be Jeff Sargent, City Planner. Diehm asked for a summary of how other communities are addressing housing in their comprehensive plan. Clark indicated staff intends to address the City Council on housing strategies for 2009. Motion to waive the reading of Resolution 2008-278, there being ample copies available to the public. Motion 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 housina; 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 November 10, 2008. L. Approve Business License Applications -removed M. 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 127901 through Check Number 128102 in the amount of $1,213,907.23. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception of items E, G, H, and I. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Heights regular City Council meeting, Nawrocki felt we should keep that meeting date to discuss housing issues, the City Manager's review, and to handle end of the year bills. Diehm stated that traditionally we have cancelled that meeting. We should proceed with the Manager's review, but that would be in a private session. Nawrocki stated that when the meeting was cancelled in the past, the holiday was up against the meeting date. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2007- 279, there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Heights regular City Council meeting. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. G. Grant agreement with ISD #13 for After-School Community Learninn Grant Nawrocki stated he did not intend to remove this item for discussion. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution No. 2008- 273, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, adopt Resolution No. 2008-273, being a resolution authorizing Execution of Agreement with Independent School District #13 Upon vote: All ayes. Motion carried. H. Establish John P. Murzyn Hall rental rates for 2010 Nawrocki stated the rates did not increase. Motion by Nawrocki, second by Diehm, to adopt the 2010 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of October 28, 2008. Upon vote: All ayes. Motion carried. Approve agreement for printing_publishin~. and distributing the City newsletter. Nawrocki stated that we should be looking for ways to save money, not spend more. Changing from black and white to color is a difference is $10,000. Nawrocki asked if the $26,000 covers the salary of Ruth Dunn and the mailing. Keith. Windschitl, Recreation Director, indicated this is the printing, mailing, and tax. Nawrocki questioned if the Northeaster was contacted regarding the cost to include our newsletter in their distribution. Windschitl indicated that their cost is based on weight. He stated that postage will possibly increase next year. Nawrocki again asked if this covers Ruth Dunn's salary. Windschitl indicated that is $4,400 a year. Nawrocki suggested the Recreation Department put the entire document together and it be printed in black and white to save about $15,000. Diehm asked if the School District could give us information on the service they use. She also questioned putting the newsletter on-line only. However, the newsletter does give residents, especially new residents, useful information. Nawrocki indicated that he started the newsletter and that the saving of $15,000 should be considered. Most papers are black and white, and the public still gets the information. Kelzenberg stated that this has been discussed by Council, with a majority requesting to use the proposed style. Motion by Diehm, second by Kelzenberg, 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. Peterson indicated he just received the School District newsletter. Color adds a lot to it. It becomes a piece of information you return to. Williams asked. the School District and School Board to be added as a feature article in our newsletter. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Approve Business License Applications Nawrocki asked the City Attorney if he should abstain from this vote, as he is an officer of the VFW organization. Jim Hoeft, City Attorney, indicated that if he does not receive remuneration from the club as an officer, he may so vote. Whether he feels it is appropriate as an officer to vote, that is up to Councihnember Nawrocki; but abstention it is not required. Motion by Diehm, second Kelzenberg, to approve the items as listed on the business license agenda for November 10, 2008 as presented regarding the licenses for 2008 and 2009. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2008-274, 1731-33 37th Avenue N.E., and. 2008-275, 4544-46 Fillmore Street 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 Gary Gorman described issues at the properties: 1731-33 37th Avenue -repair of kitchen cabinets. 4544-46 Fillmore Street -five items on exterior of building as listed. Motion by Williams, second by Kelzenberg, 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. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, 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. Upon vote: All ayes. Motion carried. . 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. Chief Gorman described issues at the property: 961 37th Avenue N.E. -eight items on exterior as listed. Williams asked if this property is vacant. Gorman stated yes. Diehm asked if the property owners name was left out. Gorman stated the name, Citi Residential Lending, should be included. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2008-276, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams 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. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Reading of Proposed. Ordinance #2008-1559 Abandoned Property Sheila Cartney, Community Development Assistant, stated the second reading of this ordinance would be November 24. She indicated that this was discussed at a work session meeting, and. an ordinance was drafted and reviewed by the City Council. The Board of Appeals was changed from the Planning and Zoning Commission to the City Council. This ordinance will target abandoned properties anywhere in the city. If the property is declared vacant, the City will revoke the certificate of occupancy. Changes can be made to such a property, but occupying it would not be allowed. Staff will notify any one that was involved with the property and post the property. To regain the certificate of occupancy, it would be necessary to apply for an inspection. If City Code is met, a certificate of occupancy would be issued. If corrections are required, they must be completed prior to occupancy. Cartney referred to the inspector's check list and information gathered from other cities, as requested. Clark stated that, in Anoka County, we are the number one for foreclosures in a city of substantial size. We have 7'/2 percent in foreclosure from January 1 to present. About one of every 13 homes is in foreclosure. The potential for the number of homes that could come back on line, without control, is significant. We are seeing properties that do not look bad from the outside, but when abandoned for a long period of time, they are vulnerable to vandalism or deterioration. In 2009, we estimate another 100 homes that will be vacant. This is an important ordinance. Nawrocki referred to the handout referencing what other cities are doing, stating it does not include other local communities. Cartney stated that Minneapolis and St. Paul have this type ordinance, in a more stringent regard.. Clark stated that in some other communities foreclosures are covered under their Point of Sale ordinance. Our ordinance would deal with only abandoned properties. Nawrocki indicated he would like to speak to other communities that have this. Fehst stated that about a dozen other cities include this under their Point of Sale program. Nawrocki stated his belief that this would lead to a future Point of Sale program. Diehm stated that it is important to have a mechanism to deal with vacant properties, i.e. pipes being stolen, or someone can come in and buy the property and then people are living in substandard buildings. We need to rely on State Statutes and building code standards on this. Diehm indicated that she would like to see more work done on the definitions. Hoeft stated there are two tiers included; it can be vacant and must tie in to one of the A-H criteria. Diehm stated that we have an obligation to revoke the certificate of occupancy if the property is uninhabitable. There is no appeal time period. indicated, and we want that handled quickly, to correct the situation and reissue the certificate. Clark asked for a suggested time period. Diehm stated that with this ordinance there is no opportunity to respond to a possible error. She indicated that 60 days is standard. Peterson referred to Nawrocki's comment that this is a way back to a Point of Sale ordinance. There is no one that wants to bring that back. It was in error to pursue that. This is different and addresses problem properties. Diehm stated she is not opposed to a Point of Sale program that is well drafted and presented in a correct way. She agreed that this is completely different and has nothing to do with the RIBS ordinance. Nawrocki indicated he cannot disagree with Councilmember Diehm, that there may be merit if addressed properly, with a lot of corrections. Nawrocki stated he wanted to be assured that if a house was vacant because the sellers had moved and were not able to find a buyer, that they would not have a complicated process to sell their home. Clark stated that is why item G was added, requiring a delinquent utility shutoff. Nawrocki stated concern about standards for the code. There is nothing to differentiate the code from when it was built and now. Clark stated this is comparative to rental inspections. We are looking for safety and structural integrity. Nawrocki stated he attended the 10 meeting for rental owners and they discussed what code was used. He questioned what if the code was interpreted different later on. Diehm stated that they could appeal. Hoeft stated this is no different than our current ordinance and code that is in place. If that changes in the future, we would apply the same standards we do now. Nawrocki questioned the definition of health and safety. Hoeft stated there will always be an interpretation of the code. He has been contacted by other communities that wish to use our ordinance as a model. Nawrocki questioned rental property inspections. Clark stated that there are always areas of interpretation. The Fire Department has focused their attention on safety and habitability. An example would be that the Fire Department makes sure that if there was an issue with water in a basement that it is no longer there. We would be concerned about the amount of times this happened and the source. Nawrocki questioned the charge for the inspections. Clark stated the recommendation would be a flat fee of $200 for a minimum of two inspections, or whatever is required; estimating about three to four hours of time. This would be monitored in 2009 and would be revisited in 2010. It is prudent for the City to cover their costs. Nawrocki stated that this ordinance is different than the one presented at the realt'rs meeting. Cartney indicated this has the changes requested by the City Council. Williams stated this is a totally different ordinance than the RIBS document. If anyone has questions, please bring them forward so this document is the best it can be. Bob Odden, 1201 42'/2 Avenue, stated that we have foreclosures because of development that did not sell. Peterson asked that comments refer to the abandoned property ordinance. Odden stated that safety and health can be anything. Clark stated they would be structural questions and may require a structural engineer's review. Fehst stated that the Building Official has this authority. Diehm indicated that we are looking at our housing code standards. Odden stated there should be a list of items. Hoeft stated there will never be an all inclusive list. These are the same standards as used for rental license revocation and abatement procedures. Odden gave an example of a resident that indicated he was wronged. He suggested there not be an appeal process, but rather a jury trial. Hoeft stated there is due process under the current code. Diehm stated that the first provision placed the appeal with the Planning and Zoning Commission. We asked for a higher level of accountability, for the appeal to come to us, as elected officials. Odden questioned the punishment and the cash escrow. Hoeft stated that the City Code penalty would be a misdemeanor. Clark stated. that the escrow portion would be expanded in the second reading, including a letter of credit or proof of a banker's loan. Odden stated the only way to know if a property is safe is to turn the utilities on. Clark stated. that, by City Code, if the utilities are shut off the Building Official can declare the property uninhabitable. Nawrocki stated that "utilities" includes more than just city services. Hoeft indicated that would be part of the process. Nawrocki questioned if an occupant does not pay their bill, but continues to live in a house. Hoeft stated that we would turn the water off at the end of the year and we can declare it uninhabitable. Terry Barber, 3848 2°d Street suggested combining the School District and City newsletter to save postage. Fehst stated that the time frames are different. Barber indicated that the mortgage companies should be responsible to board up and maintain foreclosed properties or we should put alarms on them. Clark stated we do not want the homes boarded up. Peterson stated that they are not our property. Hoeft stated the best notification system we have are the neighbors. 11 Gregory Sloat, 4731. 6`'' Street, indicated this may force new buyers to look elsewhere. Diehm stated that the alternative is to let people buy severely deteriorated homes. We have people in these homes now and have no right to say anything. Diehm stated that without this ordinance we can not remove the certificate of occupancy. We can not "pick on" foreclosed properties. Staff did give us information from places like Chicago, etc. Sloat indicated the fear that this could lead to the R1BS program again. Diehm stated that any changes would again require two reading. Sloat suggested notification to property owners before pulling the certificate. Peterson stated that once it fits our criteria, that would be required. We are addressing the problem of abandoned and foreclosed property. Most people do not want to live next to properties that are decrepit. As for suggesting alarms, call 911 if you suspect any wrong doing. Clark stated that this ordinance will make sure that homes have minimum standards. Williams referred to the City's external goals to improve the City's housing stock. Tim Utz, 556 40`" Avenue, questioned if the current abatement program covers private property. Hoeft stated. yes, however assessments take care of problems and is a reactive process. We want to be pro-active. Utz referred to the six month period for an owner to re-establish ownership. He suggested. a moratorium of five years for the RIBS program. Fehst stated that moratoriums are limited to six months with a six month extension and are for specific land use issues. The public is always notified of agenda items. Utz asked who would do the inspections and how this applies to commercial property. Clark stated the intent for 2009 is for our inspector to do this program and this would include commercial property. Donna Schmitt, 4260 Tyler Street, referred to foreclosure statistics for the year, which are different from the North Metro Realtors Association. We don't have the inspection requirement that other towns have, and therefore have more sales because we allow people to buy homes and fix them. She referred to the opportunity to fix up a home. Clark indicated that these homes and are not simple to fix up. Peterson agreed that a home to fix up is a wonderful thing, but we want them to be safe. The cost for inspections must be justified. We could charge nothing and the general taxpayer would be responsible for the cost. Diehm stated that people shopping for $70,000 homes would not pay to have a private inspection completed. This does not require an inspection - it requires the basics of water, septic service, heat, etc. Diehm stated that as long as you do not abandon your property, this ordinance will not apply to you. Peterson stated this will make for a healthy environment for people to live in. Foreclosed and abandoned properties need to be addressed. Schmitt asked what the realtors said. Clark stated it was discussed with them and their concern was whether the work precluded the sale and if escrows were allow with a temporary certificate of occupancy. Clark described a temporary certificate of occupancy. Cartney indicated that the temporary certificate was inadvertently omitted from this ordinance and would be added. Deb Johnson, 4626 Johnson, thanked staff for presenting this ordinance. This was a long time coming. Sometimes you have to just do something; you can't just study it to death. The stripping of copper is done by criminals. She stated that she does not need more criminals in her neighborhoods. If you board up the houses, you won't see the flashlights of the criminals. We have a lot of foreclosed properties. She indicated her desire that this ordinance be approved. Clark stated that we will cross reference our utility shutoffs, police reports, etc. Johnson stated that the property across from her became uninhabitable when criminals entered. 12 Peterson indicated this is the first reading of the ordinance. The second reading would be November 24tH. 30 days are required before the ordinance goes into affect. Laura Palmer, 1202 40t", asked the proper way to identify properties. Clark stated that we have a map of these properties and share it with the Police Department. Clark stated that unsecured properties can be handled by our Fire Department. Palmer questioned if there is a density ordinance in subsidized homes. Hoeft stated that would be illegal. Peterson indicated that her area is a targeted area by our officers. She stated it is working. Motion by Diehm, second. by Williams, to waive the Reading of Ordinance No. 1559, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set a Public Hearing for the 2nd Reading of Ordinance No. 1559 for approximately 7:00 pm on November 24, 2008. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst handed out the Public Safety building progress report from EDS. We will receive bids on December 2 and ask for approval of them on December 8. Nawrocki stated that the dumpster at 4657 Tyler is hanging out of the yard. There is graffiti on the light pole next to the barber shop at 40t" anal Central Avenue. There is graffiti on the wall across from the property on Gould that we purchased. The time on the clock on 40tH and Central is incorrect. Fehst stated that has been reported. Nawrocki asked when the newsletter would be delivered. Fehst indicated he would check on the delivery date. Nawrocki requested an updated budget with the current recommendations. Fehst asked that the Finance Director be given this request. Nawrocki stated that the newsletter is to keep people up to date and informed. We should call attention to the enforcement of no over night parking in the newsletter. Peterson stated that information is on our cable channel and warning letters are placed on cars in the street. Report of the City Attorney -nothing to report CITIZENS FORUM Donna Schmitt asked when the next budget meeting would be held. Nawrocki stated that would be December 1St for the Truth in Taxation hearing. Schmitt questioned when the Planning and Zoning Commission will receive the proposed Comprehensive Plan. Fehst indicated he would check on this. Schmitt reminded everyone that campaign signs must be removed by Friday. COUNCIL COPI~TER Kelzenberg • Thanked the School Board Chair, the Superintendent of School, and School District Finance Officer for staying through the entire City Council meeting. 13 Williams • Thanked everyone for their support in the election. It is an honor to serve this community. We have great open mike sessions; if anyone has better ideas, contact him. He also thanked Kathy Kelly, Joe Primus, and Missy Lee for staying through this whole meeting. We may look at a joint newsletter. Diehm • Congratulated the Mayor, Bobby Williams, and Bruce Nawrocki on their re- election. Read a comment from the green sheet on how well the elections are run in our community. She thanked the City Clerk for her work on the elections. Nawrocki • Thanked the voters in the community for allowing him to continue to serve. He requested that pros and cons of all items be presented by staff. He gave comments about the procedure for setting meetings and work sessions. He asked that work session minutes be placed on our cable station. Peterson • Thanked the voters for the continued opportunity to serve them. He enjoys working with this staff and commended the City Manager for having some of the best staff that you can put together, • Indicated. pride in our community, as 93.47 percent of registered voters voted on Tuesday. • Leaving tomorrow for the National League of Cities conference. Williams will do the Mayor's report. • Don't forget our service men and women for putting their lives on the line; remember Veterans day tomorrow. They are doing a great job for us. • Don't take ourselves too seriously, and do a random act of kindness. ADJOURl~T1VIENT Mayor Peterson adjourned. the meeting at 9:56 p.m. Patricia Muscovitz CMC City Clerk RESOLiITION N0.2008-277 CANVASSING MUNICIPAL 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`" 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 Mavor 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 14 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 I, 2009 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 official 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 "decennial" 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 3l, 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. 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 TT RESOLVED, that all interested parties be advised of this change. 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`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 l6, 2008 of an public hearing to be held on November ] 0, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 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. 15 City Council Minutes Monday, November 10, 2008 Page 12 of 13 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-wit: 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 day of posting of this Order revoking the license as held by License Holder. 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) of that 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 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 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 1. That on September 11, 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: Shall replace all missing storm windows on the building, shall repair the shed in the backyard that has the doors missing and siding coming off, shall repair the railing going up the stairs to the front door that was missing the wood rails, shall repair the missing stone door closer on the upstairs side door, 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 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. 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 I1, 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`h Avenue N.E. Columbia Heights, Minnesota. 16 City Council Minutes Monday, November 10, 2008 Page 13 of 13 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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: Shall repair the privacy fence gate that is torn apart, shall replace the dryer vent cover on the rear of the house that is broken, shall replace all missing screens in the windows, shall replace all missing downspouts on the gutters, shall repair or replace the soft overhang in the rear that is falling down, shall repair the garage where it has been hit, shall install sod or seed, or approved landscaped material on the large bare area west of the driveway, shall repair, or replace the deteriorated driveway. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 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. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 37`" 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. 17 APPROVED 11 /6/08 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUS 1 EES MINUTES October 7, 2008 The meeting was called to order by Chair, Barbara Miller at 7:05 p.m. Members present were, Barbara Miller, Patricia Sowada, Nancy Hoium, and Lynette Thomson. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. Not present: Catherine Vesley. The minutes of the September 2, 2008, Board meeting were approved as mailed The bill list dated 9/22/08 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 10/13/08 was reviewed from the floor. It was moved, seconded and passed that the bills be paid. The accounting dated. 10/7/08 was reviewed. Old Business: 1. Loader gave an update on the proposed. 2009 budget and distributed the detail budget books. The potential date for the presentation of the budget to the City Council is October 29, 2008. This presentation will include all departments and the Library Board is not required to attend. Loader noted page 4 of the Budget book containing comments on the ILS changes, recommendations made by the City Manager, and equipment needs of the IS Department related to the ILS changes.. The 2009 utility, book, and maintenance/repair budgets were discussed. Miller asked the difference between the original proposed budget and the current proposed budget. Loader noted page 15 and a difference of around $25,000 due to the ILS changes. Loader mentioned the rising gate count, Internet use, and circulation. Discussion continued. concerning the budget book and the upcoming presentation. 2. A trespassed individual was in the library this past month. Police responded and arrested the individual. Loader has requested that a condition of his release be he is no longer allowed in the Library. Police and parents understand the situation and are cooperating. If the individual continues to come into the Library, the nett step would be a restraining order. 3. On October 8, 2008, Loader and Chernin will meet with Anoka County staff to discuss the ILS. Aleksandr Chernin, IS Director, has the equipment hardware and is working on the Internet connection. 4. Projects a. The YA shelving has been ordered and will arrive anytime. The Library is getting a quote for the shelving for patron hold pick up in the lobby. b. The purchasing of the workstations for the children's department is being delayed due to a recent report obtained on ergonomics. Loader and Dana Weigman, Adult Services Librarian, are developing options for the workstations, and are requesting a new design to bring down costs. 18 c. The Library will be replacing the emergency door that currently has a hole, and is postponing replacing other doors due to the cost. d. The sump pumps below the elevator are located in a pit with an oil tank and cam~ot be disconnected due to the danger of oil seepage into the storm sewer. The sump pump in the entry will be fixed and taken care of by Public Works. e. The public PCs will be replaced at the end of October. New Business: 1. The Board reviewed the August crossover statistics. 2. Moved and seconded to adopt a white ballot for Board officers. Motion passed. Officers for the next two years will be: Barbara Miller (President), Patricia Sowada (Vice President), and Catherine Vesley (Secretary). 3. The Board reviewed the Summer Reading Club Statistics and noted the record-breaking numbers. Items from the Floor: 1. The Board discussed a newspaper article concerning the Library, the recent spaghetti dinner, and future building projects. 2. The Board discussed the open house on December 3`d in celebration of the Library's 80`h Birthday. 3. It was requested that the Board create a basket for the Silent Auction on December 7`h. Board members are encouraged to bring ideas to the November Board meeting. There being no further business, the meeting was adjourned at 7:44 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Colzrrnbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or' employment in, its services, progr°arns, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Colzrmbia Heights services, programs, and activities. 19 City of Columbia Heights Park and Recreation Commission September 24, 2008 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Holum; Kevin McDonald; David Payne; Marsha Stroik; Gary Peterson, Mayor; Keith Windschitl, Recreation Director; Lauren McClanahan, Public Works Superintendent Also present: Candace Amberg, RLA of Brauer & Associates, Ltd.; Residents from the Ramsdell Park neighborhood APPROVAL CONSENT AGENDA Motion by Payne, second by Greenhalgh, to approve consent agenda. Upon vote: All ayes. Motion carried. LETTERS AND REQUESTS A. Reauest for an extended rental time of one hour on October 17. 2008 for anon-alcohol traditional Somali wedding ceremony Windschitl informed the commission on the details of the request. During this celebration the men and women celebrate separately and there will be no alcohol at the event. Windschitl. stated that in previous situations the rental time has been extended by one hour when there has not been any alcohol and recommends the one hour early entry fee of $60.00. Evans asked if the renters are residents of Columbia Heights. Windschitl replied yes. Motion by Holum, second by Greenhalgh, to approve the one-hour extended time until 2:00 a.m. on October 17, 2008 with a $60 fee. Upon vote: All ayes. Motion carried. B. Request for a full or partial refund from a JPM rental on June 22, 2008 Evans asked how much money was paid and if the date was re-rented. Windschitl replied that the renter paid the $500 down payment and the date was never rented again because the letter of cancellation was received within 2 months prior to the date. Evans indicated staying with the original decision to not refund the $500. Peterson stated that although this is an extreme circumstance it is still a tragedy. Stroik indicated that in other personal tragedies refund would be issued. Peterson indicated that he read a proclamation for this group on the Tibetan's situation during a council meeting. Holum stated that something could. be done for this group without setting precedence because the Commission reviews each situation. Evans suggested refunding half of the down payment. Windschitl agreed that a precedence would not be set because each request is reviewed one at a time on it's own merit. This renter is also a resident of Columbia Heights. 20 Recreation Department 9/24/2008 Page 2 Motion by Holum, second by Stroik, to refund half of the down payment, $250 due to the circumstances of the cancellation. Upon vote: 5 ayes, l nay. Motion carried. OLD BUSINESS A. 2008 Ramsdell Park Master Plan Evans asked for the total cost for Sullivan Park with the change orders included. Amberg presented the preliminary master plan for Ramsdell Park. This is an overall plan so that when funds become available there is a clear direction of where things will go and how to better plan what improvements will be made. Amberg spoke about the details shown on the Master Plan. Evans asked if soil borings have been done at Ramsdell Park. Amberg replied none at this tithe. Evans asked if they had been done at Silver Lake and Sullivan Lake Parks prior to construction. Amberg replied yes and nothing problematic was found. McDonald asked where the parking for the new gym spaces would be located. Windschitl replied the far west end, although the future improvement shown on the plan for parking is on the school owned property would be a better location. He indicated that the goal is to create ample parking around the park so that residents are not blocked in their driveways. Amberg indicated that a gate would be installed along the parking lot to create direct access into the park from the parking lot along 49~" Avenue, which would help with some of the current parking issues. Pedestrian level lighting would be installed. along the trails. Residents in attendance responses; great plan, this will create better parking with relocation of ballfield, asked about lighting of the ballfield and when games would be played, what is the current use or purpose of the park building. Several residents thanked the Staff and Commission for the ability to have input and be a part of the process. Windschitl replied that this type of field would not be used foramen's softball league. With the dimensions of this field it would used for High School girls or youth little league. He indicated that the park building is reserved. during summer months for occasional family picnics, gatherings or garage sales. It is also used for the Recreation summer youth park programs. Windschitl feels that one amenity missing from this park is an outdoor picnic shelter because so many people use Kordiak Park for that reason. The Commission thanked the residents for attending the meeting and were directed to leave comments on the website or with Hansen. McClanahan indicated the general idea for creating an approved master plan is so that as funds are available, improvements can be made. He stated when issues arise like the problems with the wading pool leaking the staff can decide the proper steps to take in repairing, replacing or removing based on the Master Plan and what residents want. Windschitl indicated with the large response from residents it is important to adopt a master plan to show that their concerns and comments were heard. McClanahan stated 21 Recreation Department 9/24/2008 Page 3 that by having a master plan in place it increases the chances of receiving grants and other additional funding. Evans tabled the Ramsdell Park Master Plan discussion until the next Commission meeting to receive public comment. Peterson suggested taking action on the grant offer received at the July 23, 2008 Commission Meeting from The Bobby & Steve's Auto World Youth Foundation before the opportunity is not available. Hoium questioned the motive behind the donation being an election year. Peterson indicated that every station has a community to donate to but the Commission should inform them of their decision. The members agreed that if any resident wants to give a donation to the City we should use it to the fullest capacity. Motion by Payne, second by Greenhalgh, to accept the $50,000 grant from The Bobby & Steve's Auto World Youth Foundation for a community playground at Huset Park West. Upon vote: 5 ayes, 1 nay. Motion carried. B. Update on Honeywell Study/HVAC Project Windschitl stated the City Council approved moving forward with the Honeywell HVAC Project. This includes renovating heating and cooling, replacing windows on the north side of the hall, exterior doors, and full roof replacement. He indicated the working relationship with Honeywell over the past ten years has been a positive and cost effective contract. Evans asked how much the total is. Windschitl stated $930,227. Stroik asked if more than one estimate was received for the project. Windschitl replied several bids were taken for each area of the project and the low bid is taken for each portion of the project. Hoium asked about an energy saving payback. Windschitl replied yes, Honeywell has a measure and verification process once the project is complete. He explained the annual energy savings is $8,469 each year. Hoium asked for further explanation on the energy savings. Windschitl stated that Honeywell calculated the cost of replacing the units that are well beyond their life expectancy into the total cost savings projections. Evans asked about the Honeywell maintenance contract being reduced. Windschitl stated that it would be reduced $15,000 annually. Evans asked if the 15-year payback is reflected from the boilers. Peterson indicated that a pay back is on the added heating system and will pay back the added cost of better system but then you own the system. Windschitl explained that this plan does not just include the cost of the units and energy savings, but also what has been done and fixed over the years to maintain the current system and what would need to be fixed if nothing were to be replaced. C. Update on Sullivan Park and Silver Lake Park Improvements Amberg reported that pockets of diesel range organic was found at Silver Lake Park, on hold 4-5 weeks to put a plan into place on how the handle the contaminated soil, mix soil and aerate to a level that is considered clean, then replaced with 2 feet of clean soil on top. Construction at Silver Lake Park should be done mid October if no serious weather delays. 22 Recreation Department 9/24/2008 Page 4 McClanahan stated the shelter is up at Sullivan Lake Park. He is unsure of when lighting will be installed. Silver Lake Park will be taking shape in three to four weeks when the crews can resume working. Evans indicated concern with the water holding area by the playground.. McClanahan echoed Amberg's statement in that the area is not meant to hold water but will be the second holding area if the first holding overflows after a three and a half inch rainfall. D. 2009 Recreation Budget Meeting Windschitl stated that the City Finance Director would like to put together a total City Budget presentation for the City Council on one night. He indicated that not much has changed in the budget. It has gone up about $35,000 from 2008 to 2009 for the proposed budget; mostly for personnel costs with step increases and wage adjustments. The Recreation budget will be linked together with all other budgets and presented in a one- night power point prerecorded presentation. Windschitl invited the Commission members to attend. The Commission Members requested a copy of the budget book for their review. Windschitl stated he would give a budget summary at the next commission meeting. Motion by Payne, second by Stroik, that the Recreation Budget would be presented to the City Council on the same night as the other budgets within the City. Upon vote: all ayes. Motion carried. REPORTS A. Recreation Director None at this time. B. Public Works Director/City Engineer McClanahan stated the involvement with the parks he believes there will be a good product. The final testament and reward will be if people are using the parks. Stroik indicated publicizing the progress when the parks are complete. She suggested having a ribbon cutting ceremony after a community cleanup day. C. Commission Members Greenhalgh asked about the status of the scoreboard at Prestetnon Park. Windschitl replied that it is being looked into. He stated that the fall men's softball league has 13 teams. There are two youth fall baseball teams using Prestemon Park. McClanahan indicated progress at McKenna Park with the MN Twins Grant includes the removal of the backstop fence and the new backstops will be installed in a few weeks. Windschitl stated the goal of the grant is to create a safe dugout for ballfields. 3Td & 4th grade baseball is played at McKenna Park. Payne indicated placing nameplates at the improved parks with Commission and staff members involved in the projects. Evans indicated a memorial at the Huset Park shelter for Jerry Foss. 23 Recreation Department 9/24/2008 Page 5 Peterson reported that rumors of the City discontinuing the Jamboree are not true. ADJOURNMENT Eileen Evans adjourned. the meeting at 8:05 p.m. Deanna Saefke, Recreation Clerk Typist II 24 COLUMBIA HEIGHTS CHARTER COMNIISSION MIlVUTES October 16, 2008 7:00 p.m. Gauvitte Room Murzyn Hall Call to Order The meeting was called to order by President Joe Sturdevant at 7:02 p.m. Roll Call Members present: Bob Buboltz, Joe Clason, Katherine Francen, Nancy King, Mike Patiuk, Rachel Schwagel, Joseph Sturdevant Members absent and excused: Roger Johnson, Carolyn Laine, Lori Ritzko Members absent and unexcused: Barb Gertsema, Katy Korday, Dan Vogtman Council Liaison, Tami Diehm, was present. City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers, were absent (and excused). Approval of minutes of July 17, 2008 Motion by Commissioner Buboltz, seconded by Commissioner Schwagel, to approve the minutes of July 17, 2008, as presented. Motion passed unanimously. Correspondence Secretary Nancy King reported on correspondence since the July 17th meeting. Member applications were received for Joe Clason and Katherine Francen, who were both appointed to the Charter Commission. Their completed oaths were sent to the Chief Judge and Anoka County. Council letters and Ordinance 1551 were prepared for city council action on August 11 and August 25, 2008, regarding duties of the City Clerk and City Treasurer. On September 22, the city council tabled the second reading on the abolishment of the Police/Fire Civil Service Commission to a future city council meeting. Recognition items were prepared for Joseph Sturdevant, who served two full terms (eight years). Tonight's meeting packet was prepared and mailed to all members. Status of Membership Introduction of new Charter Commissioners Joe Clason and Katherine Francen were welcomed to the Charter Commission. At the current time, there are still two vacancies on the commission. Several members will end their two terms of service next year. Council Liaison, Tami Diehm, recommended to President Sturdevant that he should announce the purpose and responsibilities of the Charter Commission during a Mayor's Report, which occurs on cable TV the day after each council meeting. Recognition of Outgoing Commission Member President Sturdevant acknowledged Joseph Sturdevant (Sr.) for his past eight years (two terms) on the Charter Commission. Mr. Sturdevant was unable to attend the city council meeting for his recognition, so he was invited to attend tonight's meeting to receive his recognition. Mr. Sturdevant had many good ideas and recommendations for the commission to act upon, and he was thanked for his commendable service. Mr. Sturdevant commented that he appreciated all commission members working together, and noted that no one left the commission during times of disagreement. He also encouraged new members to bring up new ideas to either this commission or any other individuals within the City of Columbia Heights. October l6, 2008 Page 1 Columbia Heights Charter Commission 25 Old Business Status of Ordinance 1551, City Clerk vs. City Treasurer Duties The Charter Commission held their first reading of changes that need to be made to the City Charter (to reflect the changes in the duties of the City Clerk and City Treasurer duties) on April 16, 2008, and the second reading at the commission level on July 17, 2008. Sections of the City Charter that need to be changed are as follows: Chapter 6, Section 55, Subordinate Officer; Chapter 7, Section 66, Levy and Collection of Taxes; and. Chapter 8, Section 77, Local Improvements How Made. The City Council held their first reading of this ordinance on August 11, and the second reading and adoption on August 25, 2008. The ordinance will become effective in 90 days from date of passage by the City Council. Status of the Abolishment of the Police/Fire Civil Service Commission Council Liaison, Tami Diehm, announced the City Council tabled the second reading of this ordinance to a future council meeting date so time is given for members of the firefighters' union, their representatives, and management can meet on this subject. Continued Review of the City Charter With the City Attorney absent this evening, President Sturdevant recommended no action on this topic for this meeting. Discussion will be continued at the next meeting in January. New Business President Sturdevant inquired if there were any new thoughts or direction. for the commission or the community. Commissioner Schwagel commented that as a new resident of the city, she wanted to introduce herself to the community anal see if there's anything she could do to make this a better place to live. Commissioner Francen suggested that all City Commissions have a combined meeting where all members come together for introductions of individuals and information is provided on how each commission functions. This recommendation was well received and felt it would be informative for attendees. Council Liaison, Tami Diehm, stated Crestview will be hosting a candidates' forum for the city, county, and the school board, but she did not know the date. President Sturdevant stated. the League of Wornen Voters will present a School Board forum on October 23 at 7 p.m. in the Community Room at the school. Nezt Meeting Date The next regular Charter Commission meeting date will be January I5, 2009, at 7 p.m. at Murzyn Hall. Adjournment Motion by Commissioner Buboltz, seconded by Commissioner Patiuk, to adjourn the meeting at 7:42 p.m. Respectfully submitted, Nancy Le King Secretary to the Charter Commission October 16, ?008 Page 2 Columbia Heights Charter Commission 26 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: November 24, 2008 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Establish Work Session BY: Walter R. Fehst BY: ~ `` J ~ , for Mon., December 8, 2008 DATE: November 21, 2008 v ~, P _ , _"' NO: DATE: It is suggested to schedule a City Council Work Session meeting regarding "2009 Housing Financial Strategy" on Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a City Council Work Session meeting regarding "2009 Housing Financial Strategy" on Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. f- COUNCIL ACTION: 27 CITY COUNCIL LETTER Meeting of 11 /24/08 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ,~ ~. ITEM: RESOLUTION 2008-280: ESTABLISHING BY: K. Hansen BY: ~~rt%'". ~ ,y SENIOR CITIZENS OR RETIRED & DISABLED PERSON DATE: 11/17/08 DATE: HARDSHIP SPECIAL ASSESSMENT DEFERRAL Background: In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled. persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $29,000, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $27,300. Recommended Motion: Move to waive the reading of Resolution No. 2008-280, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2008-280, being a resolution establishing a new maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. KH:bt Attachment: Resolution 2008-280 COUNCIL ACTION: 2~ RESOLUTION NO. 2008-280 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. Dated this 24th day of November, 2008. Offered by: Seconded by: Roll Call: Attest: Mayor, Gary Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 29 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 24, 2008 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Approval of the review of the draft BY: Jeff Sargent, City Planner BY: ~-°~ ~ ~ ~,!`'' , Comprehensive Plan DATE: November 18, 2008 BACKGROUND: At the November 10, 2008 City Council meeting, the City Council approved Resolution 2008-278, extending the deadline date for the submittal of the Comprehensive Plan to the Metropolitan Council to May 29, 2009. The next step in the Comprehensive Plan process is to submit the draft plan to the City's neighboring jurisdictions so that they may review and approve the draft plan. The Metropolitan Council requires that these jurisdictions shall have up to six months for this review. The jurisdiction include: the City of Hilltop, the City ofNew Brighton, the City of Fridley, the City of St. Anthony Village, the City of Minneapolis, the Rice Creek Watershed District, the County of Anoka, the County of Hennepin and Independent School District #13. At this time, City Staff is requesting that the City Council approve a Resolution, which verifies that the Council has reviewed the draft Comprehensive Plan. When the Resolution is approved, the City may then submit the draft plan to the abutting jurisdictions. It should be noted that City Staff will set up a joint City Council and Planning Commission meeting that will be open to the public, in order to have a formal meeting to discuss the draft plan. This would give the City Council, Planning Commission and the public the opportunity to submit recommendations and suggestions to help strengthen the Comprehensive Plan. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-281, there being ample copies available to the public. Move to adopt Resolution 2008-281, being a resolution approving the review of the draft copy of the Comprehensive Plan for the City of Columbia Heights. Attachments: Resolution 2008-28I COUNCIL ACTION 30 RESOLUTION N0.2008-281 RESOLUTION APPROVING THE REV~W OF THE DRAFT 2030 COMPREHENSIVE PLAN UPDATE FOR THE CITY OF COLUMBIA HEIGHTS WI~REAS, the City of Columbia Heights is in the midst of updating its Comprehensive Plan and has completed the draft, and; WHEREAS, the City of Columbia Heights submitted for an extension to the deadline for submittal for the Comprehensive Plan to the Metropolitan Council, and; WHEREAS, the approval of the review of the draft plan will enable the City of Columbia Heights to submit the draft copy of the Comprehensive Plan to the abutting jurisdictions for their review and approval, and; WHEREAS, the City of Columbia Heights will hold a joint City Council and Planning Commission meeting in January 2009 for a formal review of the draft Comprehensive Plan, and; WHEREAS, the City of Columbia Neights will open the joint City Council and Planning Commission meeting held in January 2009 to the public for their input. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council approves the review of the draft Comprehensive Plan in order to allow its distribution to the abutting jurisdictions for their review and approval: Passed this 24t" day of November, 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 31 CITY COUNCIL LETTER Meeting o£ 11/24/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT• CITY MANAGER NO: PUBLIC WORKS ./'~ ITEM: ACCEPTING BIDS AND AWARDING A BY: K. Hansen BY: ~® CONTRACT FOR. THE 2008 HUSET PARK SHELTER DATE: 11/18/08 DATE: ~ a~, Background: At the September 2°d, 2008 work session, the City Council authorized staff to seek bids for a picnic shelter at Huset Park (west). Plans and specifications were prepared and Thirteen contractors were provided copies of the bidding documents. Twelve bids were received and publicly read aloud at the November 13`", 2008 bid opening. A copy of the bid opening minutes is attached. Analysis/Conclusions: The work includes a 44-foot hexagonal (6-sided) shape pre-fabricated shelter structure with stone bases and steel seamed roof -identical in color and materials to the new construction of new shelters at both Sullivan and Silver Lake Parks. The plans also included electrical plug-ins and interior lighting. To keep costs down, staff obtained bids separately from shelter suppliers and for the construction installation. The low bids were submitted by St. Croix Recreation for a Litchfield shelter and by Odessa II Construction, Inc. of Rockford, Minnesota, for installation in the total bid amounts of $53,500 and $44,300, respectively. The low bid prices are approximately $12,800 over the 2008 budgeted amount of $85,000 for Huset Park shelter, prepared in 2007. The main cost difference is the increase in the price of steel in the last 2 years, and the original estimate being prepared prior to any shelter bidding or installations. Litchfield is the same shelter manufacturer as the shelters installed in 2008 at Sullivan and Silver Lake Parks. Upon evaluation of the bids received, the low bid numbers are consistently low and the project architect and city staff recommends accepting for a total recommended contract amount of $97,800. The Park Capital Improvement Fund amount currently has adequate funds. Recommended Motion: Move to approve bids and award the 2008 Huset Park Shelter (structure) to St. Croix Recreation of Stillwater, MN in the amount of $53,500.28; and to Odessa II of Sauk Rapids, MN in the amount of $44,300 based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. Attachments: Bid Tab(s) KH:cb COUNCIL ACTION: 32 Bids Received for Huset Park Shelter Structure 1. Icon Shelters (MN-WI Playground): $51,684.45* 2. Litchfield Industries (St. Croix Recreation): $53,500.28 3. Classic Recreation (Midwest Playscapes): $55,007.25 4. Poligon (Flanagan Sales): $66,642.38 5. RCP Shelters (Earl F. Andersen): $77,328.59 *NOTE: Icon bid submitted for the shelter did not reflect specific items requested in the RFQ and was non-responsive in providing an Z~pdated bid to include those items. 33 PROPOSAL FORM BID TABULATION FOR HUSET PARK SHELTER BASE BID SCHEDULE: Landscape Architect's Estimate Odesa II Bid American Liberty Constr., Inc. Peterson Companies No. SHELTER Est. Qty. Unit Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars hts[all prefabricated Shelter Structure - cotnplete, as per plans, details and specifications including sealing the interior 1.01 wood roofdecking, attachment to the stone piers,etc.INOTE: 1 LS $15,000.00 $15,000.00 $ 16,500.00 $16,500.00 $ 11,772.00 $11,772.00 $ 12,999.00 $12,999.00 Shelter stmctw a shalt he provided by the Owner -refer to plans for additional infornation . Furnish and constmct Stuns Piers with precast caps and collars 1.02 and concrete footing for the shelter stmcture columns - 6 EA $3,000.00 $15,000.00 $ 2,300.00 $13,800.00 $ 4,871.91 $29,231.46 $ 3,050.00 $'18,300.00 com lets, as er lans, details ands ecifications. 1 03 Fumish and install all Electrical Work for the site and shelter . stmcmre as indicated on sheet El - cmn lets. 1 LS $10,000.00 $10,000.00 $ 14,000.00 $14,000.00 $ 16,129.80 $16,129.80 $ 14,950.00 $14,950.00 - - BASE BID TOTAL: $ $43,000.00 $44,300.0 ~ $57,133:~6 ~ $46,249.0 BASE BID SCHEDULE: Veit Companies Kevin Casey Sunram Construction Fitol-Hintz Construction No. SHELTER Est. Qty. Unit Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid Unit Bid Total Bid In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars In Dollars Install pretabricated Shelter Structure - crnnplete, as per plans, details and specifications including sealing the interior 1.01 wood roof decking, attachment to the stone piers, etc. (NOTE: 1 LS $20,500.00 $2Q,500.00 $ 20,000.00 $20,000.00 $ 25,000.00 $25,000.00 $ 12,100.00 $12,100.00 Shelter structure shall be provided by the Owner -refer to plans for additional information . famish and constmct Stone Piers with precast caps and collars 1.02 and concrete footing for the shelter stmcture columns - 6 EA $4,600.00 $27,600.00 $ 3,350.00 $20,100.00 $ 5,500.00 $33,000.00 $ 4,765.00 $28,590.00 com lets as er lans details ands ecifications. 1 03 Fumish and install all Electrical ~'Vork for the site and shelter . stntcture as indicated on sheet El -com lets. I LS $19,650.00 $19,650.00 $ 17,500.00 $17,500.00 $ 20,000.00 $20,000.00 $ 15,675.00 $15,675.00 BASE BID TOTAL: $ $67,750.00 $57,600.0 ~ $78,000.0 ~- $56,365.00 34 CITY COUNCIL LETTER Meeting of November 24, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: November 17, 2008 DATE: The matter of the revocation of the License to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner of the property located at 1.307-09 Circle Terrace Blvd. has corrected all violations and paid all fees and penalities. RECOMMENDED MOTION: Move to issue a rental housing license to Fletcher Wanless to operate the rental property located at 1307-09 Circle Terrace Blvd. N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 35 CITY COUNCIL LETTER OF: Novem I AGENDA SECTION: CONSENT I ORIGINAFINANCE T. ( CI APPROVALER _ NO: ITEM: PURCHASE OF NETWORK DATA BY: WILLIAM ELRITE BY: STORAGE SYSTEM ~° .'`.~ NO: DATE: NOVEMBER 20, 2008 f The City has utilized a computer network centralized at City Hall and linked to the Library, Public Works, and Murzyn Hall for approximately ten years. The heart of this system is the data storage modules. These units store all electronic documents, databases, e-mail messages, Laserfiche document images, and system disks for virtual servers and PCs. In 2005 significant research was done by the IS department regarding the type and brand of servers that would best fulfill the City's needs. The result of that research is that LeftHand Networks storage modules provided the best, most cost-effective solution to our needs. One of the main criteria in this evaluation was finding modules that had a good reputation for reliability and company backup support. LeftHand Networks storage modules meet these requirements. The modules that were purchased in 2005 have provided the City with very good service and reliability, and the company has provided good product support. However, these modules are currently filled to 80% of their capacity, making it essential to upgrade the current storage system. Attached is a memo from the IS Director with his recommendations for this replacement. He is recommending the purchase of two 3.6 terabyte storage modules. These modules will be installed in City Hall and the units currently at City Hall will be moved to Public Works to fulfill their storage device needs. This is, for the most part, a proprietary purchase as only one designated vendor handles LeftHand Networks systems in our area. That vendor is Works Computing Inc. Although we are not recommending changing to a different type of network system, Aleksandr Chernin, our IS Director, did check pricing on other comparable storage devices and found that LeftHand Networks are still the lowest priced solution for our needs. Staff is recommending the purchase of two 3.6 terabyte storage modules at a unit cost of $22,240. In addition, staff is recommending the purchase of a two-year extended warranty at $3,495 per module for a total of $6,990. The total of this purchase is $51,470. This is included in the 2008 and 2009 budgets. Subsequently, we would be purchasing one unit in December and the other unit in January with both units being installed in late January. RECOMMENDED MOTION: Move to authorize the purchase of two LeftHand Networks storage modules and atwo-year extended support agreement from Works Computing Inc. for $51,470. WE:sms os> >zo~ cour~cl~ COUNCIL ACTION: 36 CITY OF COLUMBL~ HEIGHTS DATE: November 19, 2008 TO: Bill Elrite, Finance Director FROM: Aleksandr Chernin, IS Director RE: LeftHand Networks storage system purchase Due to increasing City IS data storage capacity and performance requirements, I recommend upgrading our data storage system by purchasing two Lefthand Networks NSM-2120 modules and two-year support extension (3 years total) from Works Computing for $51,470 plus tax. Our current data storage system was purchased in 2005-2006. It includes three 1 TB LeftHand Networks modules: two in a mirrored configuration ("primary cluster" with 1 TB useful capacity, 83% full), and one module for backups (750 GB useful capacity, more than 90% full). The primary cluster provides storage for user documents, databases, GroupWise messages, Laserfiche document images, system disks for virtual servers and PCs. Besides insufficient capacity, our current storage system can no longer provide enough throughput to accommodate increased requirements (larger files and GroupWise messages, more SQL database transactions, more virtual servers), because each storage module has only 4 relatively slow disks. By using two NSM-2120 modules in a primary storage cluster we can significantly increase both capacity (from 1 TB to 3.3 TB) and performance (each module has 12 high-speed SCSI disks). Two existing modules from the primary cluster can be used. for backups. The third module can be used at Public Works to provide storage for GIS files and sewer truck TV videos -its capacity should be sufficient for at least 2009. We had very good experience with LeftHand Networks equipment and technical support. Hewlett- Packard has recently purchased the company to be able to provide competitive solutions for midsize storage market. At the user group meeting LeftHand Networks CTO assured that NSM-2120 product line and technical support will stay. In July 2008 NetworkWorid tested storage products from 12 vendors, and named NSM-2120 among the performance leaders. I've talked to multiple vendors about the alternate solutions -IBM, HP (before LHN purchase), Compellent, NetApp -and they either are missing important features, or are more expensive. Besides, by continuing to use LeftHand Networks products we can better integrate old and new modules into IS infrastructure. 37 Since Works Computing is a designated Lefthand Networks reseller for the City, they get better prices from the vendor than other resellers. Our LefthHand Networks sales rep told. me that whenever there is a bid process for Lefthand Network products, other resellers never participate because they cannot beat the designated reseller. By purchasing two-year extended support beyond. initial one-year warranty the City saves $1,810 as compared to extending support year-by-tear ($6,990 for two-years as compared to $8,800 for two one- year extensions). I realize that it is a very significant investment into IS, and was trying to "squeeze" as much as possible from our current storage system. Unfortunately, the data growth is an industry-wide trend, and Gartner predicts that even in recession times storage systems will remain one of the top IT spending priorities. I therefore recommend proceeding with the upgrade. We should have sufficient money left in 2008 budget to purchase one NSM-2120 in December 2008, and enough money budgeted in 2009 to buy another module in January 2009. Then we can install both modules in January 2009. 3 3$ Prepared For: City of Columbia Heights Quote Date: 11/20!2008 Expiration Date: 1 2/2 012 0 0 8 Created By: WORKS COMPUTING INC 1801 AMERICAN BLVD EAST STE 12 BLOOMINGTON. MN 55425 System 1 Line Part Customer No. Qty Number Part No. 3 2 B-2120-3600-15 4 2 W-2120-E2-STD Laura Glandt-612-802-3516 Description 3.6 TB SAS NSM 2120 STORAGE NODE BASIC 2YR EXTENDED (3YR TOTAL) SAN PLATFORM WARRANTY FOR NSM System 2 Subtotal: Unit Ext Resale Resale $22,240.00 $44,480.00 $3,495.00 $6,990.00 $51,470.00 39 CITY COUNCIL LETTER Meeting of November 24 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: November 18, 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 24, 2008. COUNCIL ACTION: 40 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10500 30062 30108 20128 20083 20173 10194 10219 12167 30023 12167 12076 30179 10208-RY 20034 20038 10150 12052 15004 10146 20196 Anoka County Community Action Prograrr~4349 5TH Equimax Real Estate, LLC 4650 JOHNSON Equimax Real Estate, LLC 3746 STINSON Daniel Busse 621 51ST Jim Globes 4645 WASHINGTON James Globes 4644 WASHINGTON Jose Antonio Espinosa 4546 POLK Isidro Garcia-Suarez 1468 LINCOLN Greg Johnson 4957 TYLER Ross Johnson 4226 4TH Elizabeth Klenert 4957 TYLER Travis Klien 1204 CHEERY Cynthia Klum 3826 STINSON Robert Machei 564 HUSET Rose Maciaszek 4401 JACKSON Rose Maciaszek 4400 VAN BUREN Nicholas Miller 3819 VAN BUREN Linda Sawochka 838 40TH Raymond Sowada 4113 6TH Tom Stolarczyk 4732 4TH Joseph Tohey 4532 FILLMORE 11 /19/2008 09:24 4~ Page 1 CITY COUNCIL LETTER Meeting of: November 24, 2008 AGENDA SECTION: NO: ORIGINATING DEPT.: License Department CITY MANAGER APPROVAL ITEM: License Agenda NO BY: Shelley Hanson DATE: Nov. 19, 2008 DATE: r BY ~~ BACKGROUND/ANALYSIS Attached is the business license agenda for the November 24, 2008 Council meeting. This agenda consists of applications for Contractor licenses for 2009 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. RECOMII~NDED MOTION: Move to approve the items as listed on the business license agenda for November 24, 2008 as presented regarding the licenses for 2009. COUNCIL ACTION: 42 TO CITY COUNCIL November 24, 2008 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES (2009) BLDG *MN Petroleum *Gene's Water & Sewer *Bonfe's Pl & Htg 682 39`" Ave, Columbia Hts $60.00 3134 California St, Mpls $60.00 SOS Randolph Ave, St Paul $60.00 *Timco Construction *Carlson-Lavine Inc *Midwest Window & Door *Kevitt Excavating *LeRoux Excavating *One Call Contracting 14700 28t" Ave No,Plymouth $60.00 2965 Partridge Rd, Roseville $60.00 5575 Eastview Ave, Mound $60.00 3335 Pennsylvania Ave N, Crystal $60.00 2104 64t" St, Wht Bear Lake $60.00 7060 143`d Ave No, Ramsey $60.00 Modern Roadways 1620 Winnetka Ave No, Golden Valley $60.00 MN Tree Experts 7527 Oliver Ave No, Brk. Pk $60.00 *Xtreme Climbing Tree 1105 Evergreen Ln N, Plymouth $60.00 *Gosiak Tree Service 9578 110`" St, Little Falls $60.00 *Majestic Tree 4247 Queen AveN, Mpls $60.00 *Northern Heating & AC 9431 Alpine Dr, Ramsey $60.00 *Quality Refrigeration 6237 Penn Ave So #100, Richfield $60.00 *Joel Smith Htg & AC 13915 Lincoln St, Ham Lake $60.00 *Paul Stafford Htg, Elect 6225 Cambridge St, Mpls $60.00 Automatic Gar Door 8900 109`" Ave No, Champlin $60.00 *Air Mechanical 16411 Abderdeen St, Ham Lake $60.00 *Kath Fuel Oil 3096 Rice St, Little Canada $60.00 *Gilbert Mechanical 4451 W 76t" St, Edina $60.00 *Standard Heating 410 W. Lake St, Mpls $60.00 *New Mech 1633 Eustis St, St Paul $60.00 *Sharp Heating 7221 University Ave, Fridley $60.00 McGough Construction 2737 Fairview Ave N, Roseville $60.00* MP Johnson 50 South 6t" St, Mpls $60.00* ****BUSINESS LICENSES FOR 2009**** GAMES OF SKILL POL *Jimmy's Pro Billiards 4040 Central Ave NE, Columbia Hts $465.00 POOL HALL POL *Ji~nmy's Pro Billiards 4040 Central Ave NE, Columbia Hts $100 43 LIQUOR LICENSE POL, F,BLDG,ZA *Sarna's Bar & Grill 3939 Univesity Ave $6,700 *LaCasita 5085 Central Ave $6,700 WIl~TEBEER LICENSE POL,F,BLDG,ZA * Puerta de Sol 3800 Central Ave $2,000 CIGARETTE SALES POLICE *Columbia Market 4900 University Ave NE $300.00 *University Food n Fuel 4001. University Ave NE $300.00 *University Auto Services 5257 University Ave NE $300.00 MOTOR VEHICLE SALES POL David's Auto 573 40`" Ave NE $300.00 44 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: 11/24!08 STATE OF MINNESOTA COUNTY OF ANOI~A 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 128103 through 128292 in the amount of $ 1 715 644.46 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 45 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2008 14:13:10 Check History GL050S-V06.74 COVERPAGE GL540R *************************** *** *************** ********************************** * *** D E B B I E S * *** D E B B I E S * *** D E B B I E S * *** D E B B I E S *************************** *** *************** ********************************** Report Selection: Optional Report Title.,.....ll/25/08 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 128103 thru 128292 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J DEBBIES Ol P4 Y S 6 066 10 Y Y 46 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2008 14 Check History GL540R-V06.74 PAGE 1 11/25/08 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN 128103 266.25 AMERIPRIDE INC 128104 120.40 ANOKA COUNTY SHERIFFS DE 128105 256.25 ASPEN MILLS, INC. 128106 275.80 BAKER/PATRICK 128107 368.00 CAMDEN PET HOSPITAL, INC 128108 936.14 CAPITOL BEVERAGE SALES L 128109 28,547.72 CHISAGO LAKES DISTRIBUTI 128110 6,303.95 DANIMAL DISTRIBUTING INC 128111 933.48 DEX MEDIA EAST LLC 128112 102.35 EXTREME BEVERAGE 128113 607.00 FSH COMMUNICATIONS, LLC 128114 60.91 GENUINE PARTS/NAPA AUTO 128115 23.41 GRIGGS-COOPER & CO 128116 3,078.07 HOHENSTEINS INC 128117 3,187.25 HONEYWELL INC 128118 103,546.00 INDEPENDENT SCHOOL DIST 128119 359,968.39 JJ TAYLOR DIST OF MN 128120 40,599.56 JOHNSON'S OUTDOOR SERVIC 128121 1,417.50 LAKE SUPERIOR COLLEGE 128122 350.00 LARKIN/JOHN 128123 10.66 MARIN/RUBY 128124 246.26 MARTIN-MCALLISTER INC 128125 400.00 MBPTA 128126 85.00 MET COUNCIL REGIONAL DAT 128127 3,613.50 MIGUEL/LISA 128128 35.50 NORTHEAST BANK 128129 110,458.27 OFFICE DEPOT 128130 34.50 PETTY CASH - KAREN MOELL 128131 138.57 PHILLIPS WINE & SPIRITS 128132 5,155.92 QUALITY WINE & SPIRITS 128133 6,645.49 RELOCATION CENTER 128134 94.12 RICOH AMERICAS CORPORATI 128135 101.04 SHAMROCK GROUP-ACE ICE 128136 248.97 SHATTUCK/CHESTER 128137 94.00 STREICHER'S GUN'S INC/DO 128138 1,858.53 SUN PUBLICATION INC 128139 98.18 SURLY BREWING CO INC 128140 438.00 T-MOBILE INC 128141 32.53 ACS INC 128142 286.64 ALCOHOL & GAMBLING ENFOR 128143 60.00 AMERICAN BOTTLING COMPAN 128144 502.20 AMERIPRIDE INC 128145 95.63 AUSTIN/LENNY 128146 33.44 BELLBOY CORPORATION 128147 9,154.39 BISTODEAU/FELISHA 128148 125.00 BLOWERS/CAROLE 128149 725.00 47 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 11/25/08 COUNCIL LISTING CHECK NUMBER AMOUNT BRAY/LIZ 128150 200.00 CAPITOL BEVERAGE SALES L 128151 14,062.30 CARTENY/SHEILA 128152 18.72 CHISAGO LAKES DISTRIBUTI 128153 2,420.42 CITY OF COLUMBIA HEIGHTS 128154 130,099.40 CITY WIDE WINDOW SERVICE 128155 83.08 DANIMAL DISTRIBUTING INC 128156 813.00 DORKO/AISLINN 128157 26.78 EAGLE REALTY 128158 747.64 FARNER-BOCKEN 128159 16,602.29 GRIGGS-COOPER & CO 128160 2,162.97 IDEARC MEDIA CORP 128161 61.75 INTEGRA TELECOM INC 128162 174.21 INTERBANK 128163 17.64 IVERSLIE/CHARLOTTE 128164 435.86 JJ TAYLOR DIST OF MN 128165 17,904.80 JOHNSON BROS. LIQUOR CO. 128166 30,579.88 JOHNSON/JOEL RAYMOND 128167 30.00 MINNEAPOLIS FINANCE DEPT 128168 68,494.07 MUSCOVITZ/PATRICIA 128169 86.11 OFFICE DEPOT 128170 77.59 PAUSTIS & SONS WINE COMP 128171 1,467.75 PHILLIPS WINE & SPIRITS 128172 17,014.58 PLAYS MAGAZINE 128173 44.00 PREMIUM WATERS INC 128174 77.50 QUALITY WINE & SPIRITS 128175 5,753.93 ROSENDO/CRECENCIANO 128176 5.00 SAM'S CLUB 128177 264.30 SARGENT/JEFF 128178 19.54 SHAMROCK GROUP-ACE ICE 128179 435.99 SIGNATURE TITLE MIDWEST 128180 138.78 STREICHER'S GUN'S INC/DO 128181 1,422.63 TRI COUNTY BEVERAGE & SU 128182 98.00 VINOCOPIA INC 128183 3,010.50 WINE COMPANY/THE 128184 264.40 WINE MERCHANTS 128185 9,613.67 WORLD CLASS WINE 128186 577.65 XCEL ENERGY (N S P) 128187 1,910.20 BERGGREN STEEL FABRICATI 128188 75,126.00 BUETOW AND ASSOCIATES IN 128189 72,080.56 EDS BUILDERS INC 128190 22,279.24 ENGINEERING REPRO SYSTEM 128191 8,768.65 HILLTOP TRAILER SALES IN 128192 298.20 JIMMY'S JOHNNYS INC 128193 159.56 KEMPER & ASSOCIATES 128194 690.00 LANDWEHR CONSTRUCTION IN 128195 261,026.75 MINERAL SERVICE PLUS LLC 128196 694.50 48 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 11/25/08 COUNCIL LISTING CHECK NUMBER AMOUNT ABM EQUIPMENT 128197 48.33 ACCENT STORE FIXTURES 128198 654.97 ACE HARDWARE 128199 43.12 ACE SUPPLY COMPANY INC 128200 11.96 ADVANCED GRAPHICS SYSTEM 128201 74.44 ALLIED-BFI WASTE SYSTEMS 128202 89,952.17 ANOKA COUNTY 128203 250.00 ANOKA COUNTY LIBRARY 128204 316.55 ANOKA COUNTY PROPERTY RE 128205 224.00 AUDIO EDITIONS 128206 660.23 BAKER & TAYLOR 128207 2,329.28 BARNA GUZY & STEFFEN LTD 128208 14,085.00 BLOWERS/CAROLE 128209 41.43 BORROUGHS CORPORATION 128210 1,093.21 BRADLEY & GUZZETTA LLC 128211 6,290.00 BRAUN INTERTEC CORP 128212 613.30 CHAMBERLAIN OIL COMPANY 128213 935.09 CINTAS FIRST AID-SAFETY 128214 68.06 CITY PAGES 128215 450.00 CLARK PRODUCTS INC 128216 135.05 COLUMBIA PARK MEDICAL GR 128217 737.00 COMMERCIAL ASPHALT 128218 504.78 COORDINATED BUSINESS SYS 128219 63.54 CSC CREDIT SERVICES INC 128220 25.22 CUMMINS N POWER, LLC 128221 184.26 DEMCO MEDIA 128222 1,022.88 EDAM 128223 365.00 EHLER5 & ASSOCIATES INC 128224 5,226.25 EMBROIDERY & MORE 128225 1,350.38 FACTORY MOTOR PARTS INC 128226 175.04 FAIRS NURSERY & LANDSCAP 128227 4,460.00 FIDELITY BUILDING SERVIC 128228 5,167.90 FORCE AMERICA 128229 1,268.42 FRIENDLY CHEVROLET GEO, 128230 574.27 G & K SERVICES INC 128231 1,034.86 GENE'S WATER & SEWER INC 128232 3,800.00 GENUINE PARTS/NAPA AUTO 128233 102.00 GOODIN CO. 128234 144.24 GRANITE WATER WORKS INC 128235 1,145.94 HEINRICH ENVELOPE CORP 128236 167.12 HOME DEPOT #2802 128237 66.16 INFRATECH 128238 4,078.20 INSTRUMENTAL RESEARCH IN 128239 178.50 INSTY PRINTS 128240 148.35 KANDI KOUNTRY INC 128241 4,952.25 KEEP INC/THE 128242 25.00 KEN KEE SERVICES INC 128243 217.00 49 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 11/25/08 COUNCIL LISTING CHECK NUMBER AMOUNT KENNEDY & GRAVEN 128244 5,223.47 LEAGUE OF MINNESOTA CITI 128245 15.00 LEAGUE OF MN CITIES INS 128246 1,000.00 MAC QUEEN EQUIPMENT CO. 128247 365.33 MARCO, INC 128248 310.00 MEDTOX LABORATORIES, INC 128249 266.73 MENARDS - BLAINE 128250 29.71 MENARDS CASHWAY LUMBER-F 128251 1,280.70 METROPOLITAN COUNCIL WAS 128252 70,075.34 MIDWAY FORD 128253 213.30 MIDWEST LOCK & SAFE INC 128254 138.45 MIDWEST TAPE 128255 1,050.43 MINNEAPOLIS OXYGEN CO. 128256 13.21 MINNESOTA CITY-CNTY MGMT 128257 116.17 MN HISTORICAL SOCIETY 128258 32.50 MN MUNICIPAL BEVERAGE AS 128259 5,000.00 MN STATE BOARD OF ACCOUN 128260 45.00 MYERS TIRE SUPPLY COMPAN 128261 140.88 NAGELL APPRAISAL, INC 128262 1,200.00 NEXT DAY GOURMET 128263 36.23 NORTHERN WATER WORKS SUP 128264 239.98 OFFICE DEPOT 128265 947.09 ONVOY INC 128266 1,205.42 PERSONNEL DECISIONS INC 128267 1,475.00 PIONEER PRESS 128268 64.87 PREMIUM WATERS INC 128269 19.30 PROSOURCE TECHNOLOGIES I 128270 3,197.83 QUALITY RESTORATION SERV 128271 270.00 QUICKSILVER EXPRESS COUR 128272 15.57 QWEST COMMUNICATIONS 128273 240.38 RANDOM HOUSE, INC 128274 75.00 RECORDED BOOKS 128275 537.95 ROSEDALE CHEV 128276 10.59 ROYAL TIRE 128277 287.85 S & T OFFICE PRODUCTS IN 128278 507.76 SBSI INC 128279 1,137.42 SCHINDLER ELEVATOR CORP 128280 285.69 SEAL GUARD SYSTEMS INC 128281 740.00 SHERWIN WILLIAMS 128282 184.40 SUN PUBLICATION INC 128283 116.33 T-MOBILE INC 128284 15.42 THOMSON GALE 128285 151.29 TOP VALU LIQUOR 128286 92.37 TWIN CITY HARDWARE 128287 601.84 USA MOBILITY WIRELESS IN 128288 34.36 VALPAK OF MINNEAPOLIS/ST 128289 660.00 WHOLESALE TRUCK-TRLR PR 128290 57.03 50 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 11/25/08 COUNCIL LISTING CHECK NUMBER AMOUNT KENNEDY & GRAVEN 128244 5,223.47 LEAGUE OF MINNESOTA CITI 128245 15.00 LEAGUE OF MN CITIES INS 128246 1,000.00 MAC QUEEN EQUIPMENT CO. 128247 365.33 MARCO, INC 128248 310.00 MEDTOX LABORATORIES, INC 128249 266.73 MENARDS - BLAINE 128250 29.71 MENARDS CASHWAY LUMBER-F 128251 1,280.70 METROPOLITAN COUNCIL WAS 128252 70,075.34 MIDWAY FORD 128253 213.30 MIDWEST LOCK & SAFE INC 128254 138.45 MIDWEST TAPE 128255 1,050.43 MINNEAPOLIS OXYGEN CO. 128256 13.21 MINNESOTA CITY-CNTY MGMT 128257 116.17 MN HISTORICAL SOCIETY 128258 32.50 MN MUNICIPAL BEVERAGE AS 128259 5,000.00 MN STATE BOARD OF ACCOUN 128260 45.00 MYERS TIRE SUPPLY COMPAN 128261 140.88 NAGELL APPRAISAL, INC 128262 1,200.00 NEXT DAY GOURMET 128263 36.23 NORTHERN WATER WORKS SUP 128264 239.98 OFFICE DEPOT 128265 947.09 ONVOY INC 128266 1,205.42 PERSONNEL DECISIONS INC 128267 1,475.00 PIONEER PRESS 128268 64.87 PREMIUM WATERS INC 128269 19.30 PROSOURCE TECHNOLOGIES I 128270 3,197.83 QUALITY RESTORATION SERV 128271 270.00 QUICKSILVER EXPRESS COUR 128272 15.57 QWEST COMMUNICATIONS 128273 240.38 RANDOM HOUSE, INC 128274 75.00 RECORDED BOOKS 128275 537.95 ROSEDALE CHEV 128276 10.59 ROYAL TIRE 128277 287.85 S & T OFFICE PRODUCTS IN 128278 507.76 SBSI INC 128279 1,137.42 SCHINDLER ELEVATOR CORP 128280 285.69 SEAL GUARD SYSTEMS INC 128281 740.00 SHERWIN WILLIAMS 128282 184.40 SUN PUBLICATION INC 128283 116.33 T-MOBILE INC 128284 15.42 THOMSON GALE 128285 151.29 TOP VALU LIQUOR 128286 92.37 TWIN CITY HARDWARE 128287 601.84 USA MOBILITY WIRELESS IN 128288 34.36 VALPAK OF MINNEAPOLIS/ST 128289 660.00 WHOLESALE TRUCK-TRLR PR 128290 57.03 50 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 11/25/08 COUNCIL LISTING XCEL ENERGY (N S P) ZEP MANUFACTURING COMPAN CHECK NUMBER AMOUNT 128291 35.53 128292 364.83 1,715,644.46 *** 51 ACS FINANCIAL SYSTEM 11/20/2008 14 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 11/25/08 COUNCIL LISTING CHECK NUMBER AMOUNT 1,715,644.46 RECORDS PRINTED - 000808 52 ACS FINANCIAL SYSTEM 11/20/2008 14:13:13 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 40,934.21 201 COMMUNITY DEVELOPMENT FUND 1,985.17 212 STATE AID MAINTENANCE 350.00 225 CABLE TELEVISION 6,290.00 240 LIBRARY 10,991.58 261 AFTER-SCHOOL PROGRAMS 44.00 410 SHEFFIELD REDEVLPMNT NON-TIF 110,458.27 411 CAPITAL IMP-GEN GOVT. BLDG 103,546.00 412 CAPITAL IMPROVEMENT PARKS 613.30 415 CAPITAL IMPRVMT - PIR PROD 1,115.64 417 PUB SAFETY BLDG CONSTRUCTION 441,123.46 418 COMMUNITY CTR CAPITAL BLDG 359,968.39 420 CAP IMPROVEMENT-DEVELOPMENT 17,447.55 430 INFRASTRUCTURE FUND 250.00 431 CAP EQUIP REPLACE-GENERAL 4,952.25 436 CAPITAL EQUIP REPLACE-LIQUOR 1,145.94 601 WATER UTILITY 69,192.96 602 SEWER UTILITY 74,946.39 603 REFUSE FUND 89,952.17 604 STORM SEWER UTILITY 307.89 609 LIQUOR 237,516.97 651 WATER CONSTRUCTION FUND 765.89 652 SEWER CONSTRUCTION FUND 86.63 701 CENTRAL GARAGE 6,258.92 720 DATA PROCESSING 84.99 880 PERMIT SURCHARGE 3,613.50 $81 CONTRIBUTED PROJECTS-REC 28.72 884 INSURANCE 1,574.27 885 PAYROLL FUND 130,099.40 TOTAL ALL FUNDS 1,715,644.46 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 1,715,644.46 TOTAL ALL BANKS 1,715,644.46 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 53 CITY COUNCIL LETTER Meeting of November 24, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: .~ ~ Abatement DATE: November 14, 2008 DATE: NO: 08-285 - 08-292 Declaration of a nuisance and. abatement of violations within the City of Columbia Heights is requested regarding property at 2008-285 - 4521 Madison Street 2008-286 - 5056 Washington Street 2008-287 - 4955 Johnson Street 2008-288 - 4029-31 2°d Street 2008-289 - 679-81 46`" Avenue 2008-290 - 961 37`" Avenue 2008-291 - 1713 Innsbruck Pkwy 2008-292 - 3930 University 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 Numbers 2008-285, 286, 287, 288, 289, 290, 291, and 292 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-285, 286, 287, 288, 289, 290, 29I, and 292 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACT10N: 54 RESOLUTION 2008-285 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4521 Madison Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed. council action contained herein was sent via regular mail to the owner of record on October 30, 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 22, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 30, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 14, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or replace the deteriorated driveway B. Shall sod., lay down grass seed or install approved landscaping material on all bare areas of the yard C. Shall repair the door closer on the side door 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4521 Madison Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 55 or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4521 Madison Street N.E.constitutes anuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 56 RESOLUTION 2008-286 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 Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5056 Washington Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on October 39, 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 22, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected.. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 14, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard B. Shall clean up all oil in the driveway that is running into the yard 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5056 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal. as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and 57 completed. ORDER OF COUNCIL 1. The property located at 5056 Washington Street N.E.constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 5$ RESOLUTION 2008-287 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 Dewey J. Kulzer Jr. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4955 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 That on July 17, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 29, 2008 the owner called. and requested an extension of time. An extenstion to October 27, 2008 was given. 3. That on October 27, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 4. That on November 17, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the dead maple tree in the back yard. Shall remove the tree stump to a minimum of 2-4 inches below ground level 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I . That the property located at 4955 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 59 or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4955 Johnson Street N.E.constitutes anuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Cali: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2008-288 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article I I, of City Code, of the property owned by Bob Landucci. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4029-31 2°d Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed. council action contained herein was sent via regular mail to the owner of record on October 297, 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 25, 2008 an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed above. Inspectors noted that seven violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 13, 2008 inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair or replace the front storm that is torn off B. Shall remove all areas of scrub growth C. Shall repair or replace the damaged garage service door D. Shall repair or replace the deteriorated driveway E. Shall replace the broken front window on the lower unit F. Shall remove the dead tree (and all of the tree stump(s)) in the -front yard- to within 2-4 inches below ground. level G. Shall repair or replace the front storm that is torn off 5. That all parties, including the owner of record and. any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 61 That the property located at 4029-31 2°d Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL l . The property located at 4029-31 2°d Street N.E.constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 RESOLUTION 2008-289 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 Alexander Cajucom (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 679-81 46t" Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 22, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the property on October 29, 2008 noted that the property remained unsecured. The Fire Department contacted DuAll Restorageion Services to board up and secure the building to prevent unauthorized entry. 2. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 679-81 46t" Avenue N.E. 3. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 679-81 46th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 63 1. The property located at 679-81 46`h 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 64 RESOLUTION 2008-290 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 37tH Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the C'rty of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 6, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the property on October 29, 2008 noted that the property remained unsecured. The Fire Department contacted DuAll Restorageion Services to board up and secure the building to prevent unauthorized entry. 2. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 679-81 46tH Avenue N.E. 3. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 961 37`n Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 65 1. Tlie 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 ?008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2008-291 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 Mary P. Ratte (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1713 Innsbruck Parkway, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, 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 28, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 25, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 12, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the dumpster on the property that has been there more than sixty days (60). B. Shall repair the gutter/fascia on the front of the house 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1713 Innsbruck Parkway is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served. notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 67 or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1713 Innsbruck Parkway 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 68 RESOLUTION 2008-292 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 Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I . That on October 29, 2008 the Fire Department was at the property to check for occupancy and found the property unsecured. The property was deemed hazardous by the Fire Chief and it was decided to abate the property. The Fire Department contacted DuAll Restoration Services to board up and secure the building to prevent unauthorized entry. 2. That based. upon said. records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous structure located at 3930 University Avenue N.E. 3. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed. above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 69 ORDER OF COUNCIL 1. The property located at 3930 University 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 Clary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~o CITY COtTNCIL LETTER Meeting of November 24, 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: / ; , Revocation 6 ~ t'~ DATE: November 17, 2008 DATE: NO: 08-293 to 08-302 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-293 - 1162-64 Cheery Lane 2008-294 - 4326-32 Monroe Street 2008-295 - 5016 6`" Street 2008-296 - 4135 Jefferson Street 2008-297 - 3906 Van Buren Street 2008-298 - 563 38`" Avenue 2008-299 - 3806 Jackson Street 2008-300 - 521 Mill Street 2008-301 - 3925 3rd Street 2008-302 - 1218-20 Circle Terrace Blvd. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution. Numbers 2008-293, 294, 295, 296, 297, 298, 299, 300, 301, and 302 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2008-293, 294, 295, 296, 297, 298, 299, 300, 301, and 302 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: 71 RESOLUTION 2008-2y3 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 Katherine Crosby (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1162-64 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 November 6, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 25, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 6, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 12, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. l 162 -Shall hook up the dryer vent so that it vents to the outside b. 1 l 62 -Shall repair the hot water heater pressure relief valve so that the valve extends to within 18" of the floor c. 1162 -Shall replace all covers on that are missing electrical outlets 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 72 The rental license belonging to the License Holder described herein and identified by license number F9347 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 73 RESOLUTION 2008-294 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 Steve Look (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4326-32 Monroe Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1V, 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 4. That all parties, including the License Holder and. any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8821 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ~~ Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 RESOLUTION 2008-295 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 Josephine Masita (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at SOl 6 6`" Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and. reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT l . That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8710 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 76 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~~ RESOLUTION 2008-296 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 Sunday Olateju (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4135 Jefferson Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 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 F8697 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 200$ Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 79 RESOLUTION 2008-297 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article I V, Section SA.408(A) of that certain residential rental license held by Dave Buchanan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3906 Van Buren Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL l . The rental license belonging to the License Holder described herein and identified by license number F8663 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 so Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~1 RESOLUTION 2008-298 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 Mario Gutierrez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 563 38`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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8831 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. AlI 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 82 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 83 RESOLUTION 2008-299 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 Eric Russell (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3806 Jackson Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1W, 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 November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September l 5, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inppection 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 1II SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by 1rcense number F8832 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. 84 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk as RESOLUTION 2008-300 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 Nathan Erickson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 521 Mill Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and. all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 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 November 4, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed. by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing 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 The rental license belonging to the License Holder described herein and identified by license number F8619 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on tl~e buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. 86 Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk a~ RESOLUTION 2008-301 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 Tesfaye Kiros (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3925 3rd Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 12, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and. all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 1, 2008 inspectors for the City of Cohzmbia Heights, inspected the property described above and noted five 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 November l 2, 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 November 18, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and. violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall clean all lint and garbage from behind washing machines and clothes dryers, and all heater vents in the laundry room 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 $s 1. The rental license belonging to the License Holder described herein and identified by license number F9269 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered. by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 89 RESOLUTION 2008-302 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 Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1218-20 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 13, 2008 of an public hearing to be held on November 24, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 29, 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 November 13, 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 November 19, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall immediately have a qualified technician repair the heating facilities in the unit. Boiler not working. 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 90 1. The rental license belonging to the License Holder described herein and identified by license number F8792 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 91 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeti;, Date: November 24 2008 AGENDA SECTION: Public Hearings NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: 2°d Reading of Ordinance No.1559, BY: Sheila Cartney BY: Being an Ordinance Amending DATE: 11/1.7/2008 , ~/ Gam- %' Ordinance # 1490, City Code of 2005 Adding Language Establishing Abandoned Property BACKGROUND: At the August and October City Council Work sessions staff discussed 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. The Council reviewed the proposed ordinance at the October work session and suggested some changes, staff made those changes and presented the proposed Ordinance to the Council at the November 10, 2008 City Council meeting. The Council approved the first reading and suggested specific changes, the following changes have been made: 1. Addition to appeals process: a hearing shall be set within 30 days of an appeal (Article 5) 2. Addition of Temporary Certificate of Occupancy (Article 3, Section 4) If approved the Ordinance will go into effect in 30 days, staff will fully implement this program in January 2009. RECOMMENDATION: Staff recommends 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 approve Ordinance No. ] 559, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, By Adding Language Establishing Abandoned Property. Attachments: Pro osed Ordinance l 559, Ins ection checklist COUNCIL ACTION 92 ORDINANCE NO.1559 BEING AN ORDINANCE AMENDING ORDINANCE NO. 14908 CITY CODE OF 2005 ADDING LANGUAGE ESTABLISHING ABANDONED PROPERTY The City of Columbia Heights does ordain: Chapter SB,Article I-7, Abandoned Property, is hereby added to read as follows: Chapter 5B. Abandoned Property Article 1. Purpose and Definitions Section I :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. Cert~cate of Occupancy: A document issued by the Building Official allowing for occupancy or use of a building, and. certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. 5. Code Official. The Code Official refers to the current city Building Official or designee. 6. Compliance Order: A document issued to the owner of a property after a building code inspection that requires the correction of identified. deficiencies or hazardous items. 7. Immediate Hazard: A condition, structural failure, or defect that is likely to cause immediate injury to a person or property if not corrected.. 8. Property: Real estate, including any improvements therein. 9. Renewal Fee: Fee paid for new Certificate of Occupancy, which includes related inspections. 10. Vandalise: To destroy or damage (property) maliciously Article 2: Determination of Abandoned Property Section 1: lnvesti~ation. The Code Official, or designee, shall be responsible for the investigation of all properties or complaints concerning vacant or abandoned property. Section 2: Declaration of Abandoned Property The Code Official shall declare a property abandoned if the property is vacant and there is evidence of one or more of the following: a) Reoccurring City Abatement processes. b) Building has been declared uninhabitable. 93 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 Occupanc,~ 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 Ins ecp tjon. 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. 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 provisions. 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. If corrective actions are not warranted a new Certificate of Occupancy will be issued by the Code Official. Section 4: Issuance of Temporary Certificate of Occupancy with Financial Guarantee For corrective actions the city may issue a Temporary 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, letter of credit, proof of construction loan or similar financial guarantee equivalent to 110% of the estimated cost of corrections. a. If escrowed items contain immediate hazardous items, the Temporary 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. b. Once the correction items have been completed, and are in compliance with the Property Maintenance Code as approved by the Code Official, a New Certificate of Occupancy can be issued replacing the Temporary Certificate. Article 4: Administration Section I : Application & Inspection 1. Application Required. The owner or owner's representative is required to make application for the issuance of a new Certificate of Occupancy, which would include the inspection by the Code Official. 2. Fee. At the time of issuance, the applicant for a new Certificate of Occupancy must pay a fee appropriate for the type of building as set forth by annual City Council resolution. 94 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. 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. A hearing shall be set within 30 days after receipt to the City of a written appeal. 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 frill force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 95 Property Address: Page 1 of 4 yam. Property Condition Report ~- Columbia Heights Initial Residential Rental Property Inspection {Carefislly rend this entire report) t TH[S REPORT IS NOT A WARRANTY, BY THE CITY OF COLUMBIA HEIGHTS, OI2 EVALUATOR OF THE f UTURE US1iFUL LIFE, OR TH1; FUTURT~, CONDITIONS OF ANY BUILDING COMPONENT OR FIXTURE. Address of Evaluated Dwelling: Licensee's Natne: Licensee's Address: Type of Dwelling: Single I~'atnily _ Duplex _ Townhouse _ Condo* I~or candominiuro units, this evaluation includes only those items located within the residential units and clues not inchide the connnan use wrens, or other areas of the struchu•e, Present Zoning District Present C?ccupaney: Conforming ^ Non-confot•ming ^ Reason for Nonconforming Status: __ Comments: Property location and possible use restriction information: _ ^ I-fas open peesnits. Completion anti/ot• occupancy resh•ictions or requirements Wray apply. ^ Habitable area of dwelling unit [units occupant load to PROPIRTY OWNER/REI'RGSENTATIVC llISCLOSURE STATIIM>;NT: TO BE COMPLETED BY THF, 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' FIEALTI•I OR ANY OTHER CITY OF COLUMBIA 1-IEIGHTS' AGENCIES. 1 FURTI-iER DECLARE TI-IAT, TO THE BEST OF MY KNOWLEDGE, THERE _HAS vHAS NOT BEEN FLOOD DAMAGE, SEWER BACK-UP OR WATER SEEPAGE IN THE BUILDING. Signature of the Owner or Representative Date 'This Report: 1. Is intended to provide basic information to the Owner prior to the issuance of n rental license. Minimum standards for this report are contained in the City of Columbia I leights City Codc (Chapter 5). This report WILL, be used to enforce requirements of the City Code. 2. Is not a wars<znty by the City ol'Columbia Heights oi'Ute condition of the building, ar any building component, nor of the accuracy of this report 3, Covers only the items listed on the form smd only those items visible at the tune of the evaluation. The Evaluator is not required to use a ladder to observe the condition oI'the roofing, disassemble items or evaluate inaccessible ascas. 4. is valid for one year from the date of issue and only for the o4vner named on this report. Questions regsu•ding fhis report should be directed to the Ivaluator. Complaints regarding this report should be directed to City of Columbia Heights, Community Development, Residential Renta[ Property lnspectims l'rogrnm, 590 40"` Avenue NG, Columbia Heights, MN 55421, Phone Na. 9G3.70b.3G78 96 Property Address: Page 2of 4 "M"= Meets mittitnum requirements -the item complies with the minitnwat Housing Cocle requirements. "13"= Below minimum requirements -the item is below minimum Housing Code requirements. "C"= Continents -the item cannot be adequately evaluated or it has some deficiency, but the deficiency is insufficient to make the item below minitmun requirements. "H"= I-tazardous -the item tit its present condition may endanger the healdt and safety of the occupant. "RR"= Repairllteplace -the item requires either repair or replacement. "Y"= Yes "N"= No "NV"= Not visible/Viewed "NA"= Not Applicable Any item marked "R", "C" or "H" must have a written comment about the item, Additional comment sheets may be attached if needed. I tem# Cont meats BASEM GNT/CIrLLAR 1. Stairs and Handrails ... ................................................ 2. Basement/cellar floor .................................................. 3. Foundatiott .............................................................. 4. Evidence of dampness or stauting ................................... S. First Floor, floor system ................. . ........... ................. 6. Beams and columns ................................................... Electrical Service(s) ti of Services ....................... 7 Service Size: Amps: 30 60 100 1S0 Otlter Volts: 120 120/240 8. Electrica] Service installation!grounding ........................... 9. Electrical wiring, outlets and fixtures ............................... PLUMBING SYSTEM 10 Floor Drains ............................................................ [ I. Foundation drainage (Sump Pump) ................................ [2. Waste and vent piping ................................................ 13. Water piping ... .................. ...................................... 14. Vacuum breakers on faucets ...... . ..... . ............................ t S. Gas piping (All floors) ........... . ...................... . ............. I6. Water heater(s) installation ......................................... . 17. Water heater(s) venting .... . ....................... . ......... . ...... . 18. Phtmbing fixtures ..................................................... HEATING SYSTEM(S) # of ......... 19, I-Ieating plant{s) Fuel: Type; a. Installation and visible condition ................................. b. Viewed itt operation ................................................ c. Combustion venting ................................................ The Isvaluator is not required to ignite the 1-eafing plant{s) 20. Additional heating units} Fuel; Type: a. Installation and visible condition ................................. b. Viewed in operation ................................................ c, Combustion venting ................................................ ADDITIONAL COMM>JNTS ................... 21. KITCHEN 22. Walls and Ceiling 23. Floor condition and ceiling height 24. Evidence of dampness or staining 2S. Electrical outlets and fixtures 26. Plumbing fixtures 27. Water flow 28. Window size and operable area 29. Window condition 97 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 operable 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 4 1. Stroke 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 4G. I'Iuutbing fixtures 47o Water flow 48. Window size and operable area or mechanical exhaust 49. Condition of windows or mechanical exhaust. SLEEPING ROOM(S) # of 50. Walls and ceiling 51. Floor condition, area, anti ceiling heights 52. Evidence of dampness or staining 53. Electrical ou#lets and fixtures 54. Window size and operable area S5. Window cotutifion 56. Smoke alarms I CO Alarni Properly located EIard-wired ENCLOSED PORCHES AND OTHER ROOMS (Evaluator shall identify each additional room separately and Comment when necessary.} S7. Walls and floor condition 58. Evidence of dampness or staining 59. Electrical outlets and fixtures 60. Window condition ATTIC SPACE (Visible area) G 1. Roof boards and rafters 62. Evidence of dampness or staining 63. Electt•icai wiring, outlets and fixtures 64. Ventilation ADDIT[ONAL COMMENTS 65. Page 3of 4 98 Pt•opet•ty flddress: GxTGRi(?R 66. Foundation 67. [casement/cellar windows 68. Drainage (grade} G9. Exterior walls 70. Doot•s (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.Chitnneys 77.Outlets, fixtures and service entrance 78. Vacuum breakers on outside faucets CARACIJ 79. Root structure and covering 80. Wall structure and covering 81. Slab condition 82. Garage doors 83, Garage door opener 84. 1/lectrical wiring, outlets, and fixtures 85. Additional Comu~ents XARD 86. Grass coverage 87. Sidewalk 88.Driveway 89. Trees/Shrubs 90. Weeds Page 4of 4 I hereby certify that the above a•eport is made in compliance with the City of Columbia Heights City Code, Citapter 5, and that 1 have utilized the care and diligence, reasonable and ordinary, far meeting the cet•ti~cation standards prescribed by tl-e City Property Maintenance Code. I have found no instance ofnon-compliance with the items listed above as of the date of ti-is report, except (hose designated herein. Evaluator Signature Phone Number Date 99 COLUMBIA HEIGHTS CITY COUNCIL LETTER 1Vleetina nf• NnvPmhar 7d 7nnR AGENDA SECTION: Other Ordinances and ORIGINATING DEPARTMENT: CITY MANAGER'S Resolutions Community Development APPROVAL NO: ITEM: Adopt Resolution 2008-284, Adopting BY: Sheila Cartney r BY: Inspection fees for the Abandoned Property DATE: November 18, 2008 Ordinance No. 1559 BACKGROUND: Attached is Resolution 2008-284 establishing the fee charged for the inspection required as part ofthe abandoned property ordinance that was adopted by Columbia Heights Ordinance No.1559. The suggested fee is $200. This fee includes the first inspection and any follow up inspections, associated paperwork, record keeping, and issuance of Certificate(s) of Occupancy, the escrow agreement and maintaining the escrow account. The table below represents the average costs associated with this Ordinance: Task Staff Time Estimated Cost Set up Inspection including research and associated a erwork 45 minutes $30 Ins ection 1.5 hours $60 2na Ins ection 30 minutes $20 Draft A reement for Escrow 1 hour $40 Maintain Escrow accounts NA $40 Issue Temp Certificate of Occu anc ,Record kee in 30 minutes $20 Issue new CO, record kee in 30 minutes $20 Posta e $1.00 Total $231.00 This table only represents the average cost to the Community Development Department and does not include the ancillary costs to administering this type of program. The cost from. other departments that may be involved is not calculated in these fees nor are the costs associated in dealing with difficult properties. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-284, there being an ample amount of copies available to the public. Move to Adopt Resolution 2008-284, a Resolution Adopting Inspection Fees for Ordinance No. 1559, Abandoned Property. Attachments: Resolution 2008-284 COUNCIL ACTION: 100 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2008-284 ADOPTING INSPECTION FEES FOR ORDINANCE NO.1559, ABANDONED PROPERTY WHEREAS: Ordinance 1559 established the City of Columbia Heights Abandoned Property Ordinance; and WHEREAS: The City is attempting to establish fees that are reasonable to cover costs for said inspection; and WHEREAS: The City will review these fees annually to ensure they cover the expenses of said program; NOW, THEREFORE, BE 1T RESOLVED that the attached proposed fee schedule be adopted and effective November 24, 2008 through December 3 l , 2009. Approved by the City Council of the City of Columbia Heights this 24th day of November 2008. Motion By: Second By: Passed: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 101 FEES FOR ABANDONED PROPERTY INSPECTIONS Effective November 24, 2008 through December 31 2009 Fee for Inspection $200 per unit (including re-inspections and issuance of a temporary Certificate of Occupancy or new Certificate of Occupancy) 102 CITY COUNCIL LETTER Meetins~ nf• Nnvemher 74 ~(1(1R AGENDA SECTION: Other Ordinances and ORIGINATING DEPT.: CITY Resolutions Community Development MANAGER N®: APPROVAL ITEM: 1st Reading of Ordinance No. 1560, BY: Scott Clark BY:~~ ® , Conveying Certain Real Estate Located at DATE: November 18, 2008 ~ 950 40`" Avenue N.E. Background: On August 25, 2008 the City Council approved a Preliminary Development Agreement, which outlined the provisions of exchanging the City's "Plaza Property" (illustrated on Attachment I) located at 950 40`" Ave. N.E., in exchange for the Northeast Bank Building exterior to becompletely re-skinned. The Ordinance being presented to the Council would effectuate this transaction. Attachment II illustrates both the residing effort and also serves to depict the deplorable condition and appearance of the building prior to this effort being made. The reason that a Preliminary Agreement was done was in recognition that the City had a series of activities that needed to be completed that would take time, and the new office owner needed to precede immediately due to seasonal issues. Staff has secured the following information: l) An appraisal of the "Plaza Property". There are two ways of viewing value on the subject parcel. The first is '`value in use", meaning only a limited or special market would purchase the property and with this as a basis, the value is $245,000. The value of the Plaza on the open market is only $25,000 based on needing to demolish the Plaza in order to construct a building on the subject parcel. 2) A minor subdivision has been processed. through the Planning Commission. The reason for this action is to separate the Plaza. as a legal lot of record from the Parking Ramp. 3) A Business Subsidy Agreement, which will not require employment covenants, will need to be acted on coupled with a public hearing. The aforementioned hearing will be held on December 8, 2008 in conjunction with the second reading. Overall, staff is recommending approval of the Ordinance based on: I) There is no true financial impact to the City. The City is exchanging anon-liquid asset (meaning that this property is tied to the office property under a 99 year lease with a one dollar annual rent which effectively prohibits the sale of the property to the general market) for the re-skinning. The exterior improvements cost is valued at $456,900. This figure needs to be viewed within the perspective that the new owners in 2008 also reinvested $994,405 in the Plaza, parking ramp and the interior ofthe building for a total rehabilitation infusion of $1.,451,305. In addition, the City benefits by: 1) eliminating any future liability associated with the Plaza 2) the office owner will now pay property taxes on the Plaza property and 3) per the terms of the sales Ordinance, will pay for the casualty insurance, now being paid for by the City, on the adjacent parking ramp. 2) The exterior improvements provide for the following benefits: 1) Creates a more marketable building based on appearance. This building has been very problematic since its construction in the early 1980's and the desired results from these improvements will be a higher level of occupancy 2) Assisting in establishing these improvements are consistent with the City's overall objectives of redevelopment along the Central Ave. Corridor 3) Is a continuation of concentrated redevelopment in the City's "downtown area". 103 Recommendation: Staff recommends setting a Public Hearing on December 8, 2008 at approximately 7:00 p.m. for the Second Reading and approving the Ordinance as presented. Recommended Motion: Move to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. Move to set a Public Hearing for the Second Reading of Ordinance No. 1560 on December 8, 2008, in the City Council Chambers at approximately 7:00 p.m. Attachments: Ordinance No. 1560, Map of Subject Area, Photos Illustrating Renovation Work, Preliminary Development agpenda wn~en ~s a copy of ly8l lease not included COUNCIL ACTION: G:\Community Development\City Council\Letters ?008\15` Reading Ordinance No.l S60 950 40` Avenue C'nnvevance 104 ORDINANCE NO. 1560 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 AiJTIIORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 950 40~n AVENUE The City of Calumbia Heights does ordain: Section 1: The City is the owner of certain real property in the City of Columbia Heights, legally described as ``Exhibit A" and attached as part of this Ordinance (the "Subject Property"). Said real estate is located at 950 40th Ave. Northeast, Columbia Heights, Minnesota. The Subject Property is referenced in an original agreement, dated July 20, 1982, between the Columbia Heights Housing and Redevelopment Authority and Terry Everson, which has been amended and assigned. from time to time, as the "Walkway Property". On August 25, 2008 the City Council agreed to accept a "Preliminary Development Agreement" by and between the Crty of Columbia Heights and Stadium Village Properties (the "Agreement"). This Agreement detailed the rationale for the City to transact an action that would deed title of the Walkway Property from the City to Stadium Village Properties, LLC (the "Developer") in exchange for the aforementioned entity to reinvest, at the Developer's owned office building located at 3989 Central Ave. N. E., in the complete reconstruction of the exterior facade. At the time of the passage of the Agreement, the cost for the reconstruction was estimated at $500,000. The actual cost of the project, based on information provided by the Developer is $ 456,900. In addition, the Developer also infused $994,405 into other improvements in the Walkway, City owned Parking Ramp and the office building. As of the date of this Ordinance, the subject exterior improvements have been substantially completed. As part of the Agreement, the City commissioned an appraisal of the property. This appraisal, dated October 7, 2008 and completed by Nagell Appraisal and Consulting, establishes three separate values for the Walkway Property. The "value in use", meaning a value of a specific property to a specific person or firm as opposed to the market in general is $245,000. The "value in exchange", meaning the value on the open market is $25,000. The third is a "lease fee value" of $13 based on the dollar a year provision in the 1982 Agreement. Section 2: The City Council, by the passage of this Ordinance, hereby agrees that the preliminary consideration of the Developer, i.e., the reconstruction of the facade at 3989 Central Ave. N.E., has been substantially completed, and that in turn, the Subject Property should be deeded to the Developer for $ l .00. Section 3: As part of this transaction the Developer agrees to pay to the City $1,500 for park dedication fees as part of the minor subdivision approval process. In addition, casualty insurance on the adjoining parking ramp, as described in the 1982 Agreement, will become the responsibility of the Developer and proof of the same should be submitted to the City's Finance Department upon request. Section 4: The Mayor and City Manager are herewith authorized and directed to execute all documents necessary to effect the teens of this conveyance. 105 Section 5: This Ordinance shall be in full force and. effect from and after thirty (30) days its passage. First Reading: Second Reading: Date of Passage: Offered By: Second By: Roll Call: Gary L. Peterson-Mayor Attest: Patricia Muscovitz-CMC/City Clerk 106 E/t~' B'~ ®i /~ t® ` ~° ~ 3 x:~ - ~ Plaza Lot ^ , ~ "~~- -~ ,~ .~.,,~~-w_.~~ ~ ..::- . _.. ~- 16,614 square feet .._ ~~ 0.38 acres ~„ Q _ ~., ~ y _.>_ .-r _,• : , 3 ~ ~ _ s ~' ~k: ~ ? _~ --~ ~;, , ', ^ - "~ ~. Y r: - --- -i ,~~ ~r~(r- . _-_ -- i „a .w..• ~ ~ #; ,~ Office Building Lot `Parking Ramp Lot ~" ~`"' -~ r x.,- -- ~-:-~ 45,277 square feet -` ~ --=~` ~ 35,147 square feet ,~ ~.~- ~- 1.04 acres J ~~ ~ - ~ ~ - l f - : ~ 0.81 acres 4_ 1 , k i - iA ; N W S-E iii''',b~C s Lot Areas y= ~y~ / _/ j ~ i I_ , ~~"~ ~ j {;_ =~ ~ _ ~ " ~~~ ~ -- l_ ~~g ~+.~av~. ~.u&s~l -°a'~a~w "'_z-x"~'`re`-~r""--_"i'~3~~lass.~~.....::2;._ 3,Y,~zY:X Y.°~t~3~S.eTa ~=~.,s.b.:..-~.-_ ... -_.J .., i ~r'Fj.... m ~.~ z. ~,za~ ~ ~.. ~<-..~ ~.IF ~ ; ~a~ s I'reliminaiy llevelopment Ag~•ecnletxt by and between the City of Columbia Heights and Stadium Village Properties, LLC THIS AGREEMENT, dated this 2S`E' day of August, 2008, by and between the City of Columbia I Ieights, a municipal corporation under the laws of Minnesota (the "City} and Stadium Village Properties, LLC ("the Developer"}: WITNESSETH: WHEREAS, the Developer is owner of property located at 3989 Central Ave. and also has certain contractual rights through an Agreement dated July 20, 1982 ("Agreement"). The original Agreerncnt was between the Columbia Heights Housing and Redevelopment Authority and Terry Evenson, and has been amended and assigned from time to time, and WI-IL;REt1.S, the aforementioned 1982 Agreement provides for the Developer to operate a 369 stall parking ramp with the ability to purchase said ramp on July 20, 2022, and WHEREAS, the Agreement also separately defines a plaza area ("Walkway Property"} which is leased to the Developer under a 99 Ieasehold year provision (as illustrated on Exhibit A), and WHEREAS, the Agreement allows the City to sell the Walkway with the Developer having the first right of refiisal, and WHEREAS, the City has been approached by the Developer with a proposal that effectively transfers the City's Walkway Property to the Developer, in exchange of the Developer reinvesting approximately $500,000 in reconstructing the outside facade of the subject building located at 3989 Central Ave., acid WHEREAS, the Developer needs to initiate the reconstruction, due to economic and seasonal considerations, prior to the City being able to complete all of tlae various processes that are necessary to convey the property, and WHEREAS, the City is desirous to have the reconstruction project completed as soon as possible and is of the opinion that the end results will constitute a positive comrnuiuty reinvestment, and WHEREAS, the City elects, tluough this agreement, to give preliminary approval to the subject transaction based on the understanding that the City must undergo a series of due diligence processes and will make every effort to mitigate any situation that would make the transaction unfeasible. NOW, 'I HEREFORE, in consideration of the foregoing and the obligations set forth herein, the parties agree as follows: l . The City and Developer agree in principle that the City will sell the Walkway Property to the Developer, which at this time is assumed to have a fair market value of approximately $250,000. In turn, the City will contt•ibute a like amount of funds to the 110 Developer, in exchange of the Developer reconstructing the facade of the subject building. 2. The form of this negotiation may differ front a cash transaction, but the end result will be the Developer securing fee title to the Walkway Property in exchange for the facade reconstruction. 3. City actions necessary to complete the transaction include: a} Securing of alt appraisal b} Processing a zninoz• subdivision pursuant to City Ordiance 9.114. c) Securing a certificate of survey d} Amendments to the 1982 Agreement as applicable 4. In order to defray the City's direct administrative casts associated with this transaction, the Developer agrees to amend the 1982 Agreement so as to transfer the responsibility for the purchase of causality insurance on the parking ramp from the City to the Developer. The Developer also acknowledges that the Walkway will become taxable pz•operty. 5. Staff will investigate any State law issues associated with the Business Subsidy Act (MSA) 116J.993 to 116J.995, as amended. 6. Both parties recognize that the City's transaction must meet local, State and Federal law in order to be allowed. 7. All attempts to mitigate issues that may prevent this transaction from occurzing will be attempted in a goad faith manner. Notice for communication between the parties shall be delivered to the following: {a} As to the City: City of Columbia Heights 590 40"' Avenue NE Columbia Heights, MN 55421 Attn: Scott Clark (b} As to the Developer: Stadiuzz~z pillage Propczties, LLC 1313 Fifth Street SE Suite 100 Mizu~eapolis, MN SS414 Attn: Dave Jasper 111 IN WITNESS WI-IEREOF, the City has caused this ngreeznent to be duly executed iza its name and behalf and its seal to be hez•eunta duly aff xed and the Developer has caused tI>is Agreement to be duly executed ui its zlame and behalf on ar as of the date first above written. CITY OI` C{~~.UMBI~/HEIGH'~'S, MINNESOTA By Its: City Manager-Walter R. STADI~t1M VILLAGE, LLC ______ I3y. ------• Its: 1-I:1SharedlCammuoity DevetopmentlParking Ramps~3989 Ra~nplPrelsminary llevelapmcnt Agreement 8-18-20Q8 FINAL 112 u ~.-: e e r~~-° a~ a I ._ ~ z ~,' -.' ~t ~_ - a Y. _ ~ ~ Yt,..:.},~ d. d _ ~ _ ~ #- ! ter--; ,r ~ ~ ~, -~J ~ ~ i ~ i` d ~ ~~,T'T'"~" C__.... ~._ ~ ... fir-::. r.w a ~ _ _ -.. - - ~ Gorr~rr~ero~a~ plaza i~r ertt~: 950 40t" Avenue Northeast Columbia Heights, MN 55421 City of Columbia Heights Freare For; Attn: Sheila Cartney - 590 40~" Avenue Northeast Columbia Heights, MN 55421 tae: ( otc~l~er 7, 2Q8 ire are I William R. Waytas, Appraiser -y` Andrew M. Thompson, Appraiser AF P IS~L C(3 Sll~Tl 7515 Wayzata Boulevard Minneapolis, MN 55426 Telephone: (952) 544-8966 Fax No. (952) 544-8969 File #G0809006 7515 tlVayzata Blvd. x#115 l~linneapalis, 2l~Rg-Nr?55p4p26 City of Columbia Heights Attn: Sheila Cartney 590 40`h Avenue Northeast Columbia Heights, MN 55421 Dear Ms. Cartney: October 29, 2008 In accordance with your request, a surr~rnary appraisal repare has been made on the following described property: Sub}ece Praperty: 950 40`~ Avenue Northeast Galumbia, MN 55421 The property is legally described herein. The appraisal assumes that the property meets all current environmental standards. The appraisal analysis and conclusions are subject to certain limiting conditions and assumptions described herein. It is our opinion of the as-is market value as of ~~ is: FINAL OPINION OF AS-IS tVIARKET VALUE (Value in Use): 2~ t00 FINAL OPINION OF LEASED FEE VALUE: ~ =- FINAL OPINION OF VALUE IN EXGHANGE: a~6~,; Our company has 10 employees, has been in business since 1968 and has sufficient knowledge, experience and resources to competently complete this assignment. The accompanying report contains data secured from my personal investigation and from sources considered to be reliable; however, correctness is not guaranteed. To the best of my knowledge and belief, the statements contained in this report are true and correct. Neither my employment to make this appraisal, nor the compensation, is contingent upon the value reported. This report has been prepared in conformity with the code of professional ethics and standards of professional appraisal practice of the Appraisal Institute and appraisal standards set forth by Uniform Standards of Professional Appraisal Practice. Sincerely, , rf~ f~ ] f ~' f~ 1 ~ ~ ~ ` °, ~ r,,- William R. Waytas, S ,CRP Certified General N~~ 000813 ~~ Andrew M. Thompson Appraiser MN 20620004 !~(inneapalis: 952-544-8966 St. Paul: 651-209-6159 General Fax: 952-544-8969 TABLE OF CONTENTS .~:. _ ~., ~~~f:;~.~.r~ ~` Summary of Important Facts and Conclusions 1 Introduction 2 Intended Use of Report, Date of the Appraisal 3 Scope of the Appraisal 4 Property Rights Appraised, Personal Property 5 Identification, Real Estate Taxes 6 Subject Building, Sales & Lease History 7 ,-~ . to ~. ~~ ~, .~ Regional Data $ 9 Regional Map 11 City & Neighborhood Description Neighborhood Map 12 Site Description 13 13 Zoning, Zoning Map 15 Plat Mao 1 ~' Flood Map 17 Aerial Photographs 18 Description of Improvements 19 Subject Photographs ~p , „~ Highest and Best Use 23 24 Income Approach 25 Sales Comparison Approach Cost Approach 25 35 Reconciliation Definitions 36 Environmental & Building Conditions 37 Extraordinary Assumptions & Hypothetical Conditions 37 Assumptions and Limiting Conditions 38 Certification 40 Qualifications 41 Addenda 44 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS ~ !&' ili. ~~ __ _ _ a.__ w :~ - - _ _,~ ' ~, a -. au»uc €a, ~, Y :. ` i.r - ~ it ~. ~`„ -~ ~ w} d ~L~~ ~ r r'j TM ~~ r '` "~ 4. ~ t_' .~. F x t _~ ., _. t ~ rw' ~ x A .,l°°~yyy - Lis '+; .. '1 ~~~~, r ~ jF s ~; ~JJ ~ r +q ~ ~r' ' ~ / f ., - - - , _...... r , General Descriptian: Plaza Appraisal Repart: Summary Report Current Use: Plaza /Drive thru for bank underneath Yes, see rear of report for standard Speci~.l Assumptians: assumptions. Site Size: 16,614 SF, (0.38 acres) Building lmpravements: Plaza with lower bank drive through Current Zoning: CBD -Central Business Land Use Plan CBD -Central Business Highest and Best Use: Assemble with bank PraperEy Rights Appraised: Leased Fee ~ Fee Simple Interest Persanal Praperty: ess or personal property included No busi n 5a z,~lm~~ i:3 ~.C e~`.L ~&G .'_'s~ ~ ~..'?, .'46'a J 7 V ~ ',"°i$.L ° 7 ~ ;e"t l,„~.°~".''^,.'~ ~f~,.C'!::-'t' S,:t a ~":.tliL. '~~~~ '..''~'~°~'°."rr? ,~ 7 ^g f ~ &. ~ z ~'~ ~ ~ °1`v a < :~~ ~ ~ ~ i ~ ~a /F g ~¢ ~q } y 9 Syr: •,S r~'. `.:'~ }~~f C':~§aY Li ~~8 a4'A.'~'~.. siFf .M.....L v3s:iCv~ 5 n C T °~ ' ~ p p~ ;8 - SpY ! n ~ ~ J is ~..33 m & . S ~e~'aJY +~'„~~e1 dCk~iE9 im`..~~ a.1~ g~•°Y ^s " Y~^ w q g rrppm~,, ~}g°~,~ }. y'y ~±q pgg y R4 ~VE~Ce &~. ~„+f~ E A L ~ ~v'a lY V~t9 y~~i Yr..1 £C~LS l rg^^~~ re~ ~dvs~rl ~I~n{~ .Y"~: },d ii~b~~.,'/.u ",+~f 7n y+ > } ~g`~~w c~~+~S xi v Yx 2~r~~>:~~`~§~l"b ~:.d ~~.C a°^"~.w w'w a :%'S ",. ~. A„m~=~. " 't ~ a"4QJ4 a r: °.~ ~'Pa ~ ~i Y S ° ~g g ~SCxBi ~'1 ar~~.t le ~!n tielrIDe}: y L, ~ g g ~ e ~ tJ Ll pi~ar$ B5 aricet Value leased fee}: X13®Qt} ~itaS1 ar~et ~falue In ~~hange 2s~~}~.} =~~"s°'. .. . ~.. ~ fr~ v!f`tii7,1 ~u.LL ~~~_'~':.'iin ° ,x.."~:4.';?Di;"~C?ci~ CC:~`~T i INTRODUCTION This report reflects the data found and the conclusions estimated from an appraisal of 950 40t" Avenue Northeast in Columbia Heights, MN. The property has a "special use" and is known as "The Plaza", which consists of an upper level plaza with a lower level that is used as a drive thru by Northeast Bank. The City of Columbia Fleights has a year 99-lease with the adjacent building owner that was signed in 1982 with a payment of $1.00 per year. The subject parcel consists of "The Plaza" and an adjacent parking ramp. For appraisal purposes, "The Plaza will be appraised as a separate parcel. The subject property is being appraised in "as-is" condition. Since the subject has a lease fora $1 per year (well below market). Three values will be provided in this report. Fee Simple, without any lease in place, Leased Fee with lease in place, and Value in Exchange, outside of the adjoining bank property essentially no uses would consider the plaza as a useable improvement and therefore, would only be interested in the underlying land only. NOTE: Due to the unique property use and 6ease situation there are three values provided in this appraisal report. 1) Value in Use (Fee Simple): Due to the unique nature of the property (plaza use with bank drive through underneath) for appraisal purposes land sales of competing commercial sites in the subject marketing area will be used to determine the land value. Then the depreciated cost of the improvements will be estimated and added to the land value to determine an overall property value. Value in use is appropriate as it is likely only the adjoining bank property would be a user of the existing plaza/drive through structure. 2) Leased Fee: This will use the present value of the current lease in place. If the lease stays in place the value of the property is significantly lower as compared to the other two values. 3) Value in Exchange (Fee Simple): This will use be the land value less razing costs for the improvements. This value reflects what a typical buyer who would develop the site would be will in to pay. INTENDED USE OF REPORT The client intends to use the appraisal for a possible sale. This appraisal assignment was requested by the named client/owner for its sole use. No party, other than the client, may use or rely upon any part of this report without the prior written authorization of both the named client and the appraiser. This report is not valid unless it contains the original signatures in ~nY unauthorized third party relying upon any portion of this report does so at its own risk. DATE OF THE APPRAISAL The effective dafes are: • The effective date and inspection date is Octcxber ~~ ~` The date of the report is October 7 -October 29, 2008. 4 ;~.;_=° ?~ ~~F~° :~wr:g ~ ~ 2 ~h~ 3~6~ [ tx ,t:~.c~I.n gc,[ cc;~~? 3 SC®PE OF THE APPRA[SAL REPCIRT USPAP 2006 defines Scape of Work as: The type and extent of research and analyses in an assignment. For each appraisal, appraisal review and appraisal consulting assignment, an appraiser must: 1) Identify the problem to be solved, 2) Determine and perform the scope of work necessary to develop credible assignment results; and 3) Disclose the scope of work in the report. 1) Provide a reliable opinion of market value as it relates to the intended use. Per assignment request (see addenda for engagement letter), the following degree of research and analysis has been made. The narrative format used is a St~rnrr~ary 2) Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of USPAP. See individual approaches for further detail. Ti~~e ~_ ~ - ~~ ~ d a) ~ - ~ ~ Public record, plat maps, zoning maps and aerial photographs were used to identify the subject property. b) , .r~"- /r:spectic~-t: An inspection of the subject property and lease. Physical factors: Based on property inspection and conversations with the client, city and county officials. Lot size is based on county information. Economic Factors: Consisted of gathering of information from market experts, city and/or county offices, and internet about the region, community, neighborhood, zoning, utilities, and any pending projects in the area that may affect the subject property. c) ~; !~-~t o" ~` `~s~. ~ Sales data of competing properties within the subject market area were given primary consideration. The most relevant data is 3) used in this report. Sources include, appraiser data files, assessor, internet, developers, agents, MLS, periodicals, in-office library, etc. In addition, during the course of appraisal practice and of this appraisal process, the appraiser has had ongoing discussions with market participants (buyers, sellers, property managers, real estate agents/brokers, etc.) and/or viewed market data in relation to how the current real estate market may impact the subject value. The appraiser has not researched the title or ownership records. d) - -~ _- ,_, ~ ~s c7r {~° ~rry ~ ,-: An extensive review of market data was performed. The most recent, similar and proximate data has been used. The data used will be adjusted on a grid. Appropriate collection, verification, analysis and viewing has been performed in the valuation approaches, given the purpose and intended use of the report. A final value opinion will be discussed and correlated. The appraiser accepts full professional responsibility for all of the analyses and conclusions contained within this report. The data used was obtained from sources considered credible, yet its accuracy is not guaranteed. PROPERTY RIGHTS APPRAISEC~ Real property ownership consists of a group of distinct rights. There are two primary property rights, Fee Simple and Leased Fee. F~V - estate is defined in The Dictionary of Real Estate Appraisal, 3rd Edition as: °'Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." This would typically reflect an owner-occupied property. When the property rights appraised are the unencumbered fee simple interest of the real estate, the appraised value is subject to normal easements for drainage, public streets and utilities, if any. The effect of any existing mortgage or delinquent taxes on the subject property has not been considered in this appraisal. interest is defined in The Dictionary of Real Estate Appraisal, 4t" Edition as: "an ownership interest held by a landlord with the right of use and occupancy conveyed by lease to others. The rights of the lessor (the leased fee owner) and the lessee are specified by contract terms contained within the lease." This would generally reflect~a tenant-occupied property. Due to the nature of the property and lease both Fe be appraised. PERSONAL PROPERTY > will Appraised value reflects real estate only. `" ~~~ § F~ ~r r`§~rsonv o€•o'oeN is included in the appraised value. 5 IDENTIFICATIC3N 950 40th Avenue Northeast Street Address: Columbia Heights, MN 55421 LOTS 24 THRU 27 BLK G RE- SERVOIR HILLS TOG/W LOTS 20 21 & 22 BLK 1 WALTONS REAR OF LOTS 33 & 34 BLK 6 RE- SERVOIR HILLS TOG/W THAT PRT OF LOTS 28 THRU 31 SD BLK 6 & THAT PRT OF LOTS 23 & 24 SD BLK 1 LYG ELY & NELY OF FOL DESC LINE: BEG AT A PT ON S LINE OF SD BLK 1 18 FT W Legal Description: OF SE COR OF LOT 23 SD BLK 1, TH N PRLL/W E LINE OF SD LOT 23 87 FT, TH NWLY TO A PT ON N LINE OF SD BLK 6, SD PT BEING 47.23FT E OF NW COR OF LOT 30 SD BLK 6 & THERE TERM; TOGNV ADJ VAC ALLEY; EX THE RENT- ED PRT OF THE ABOVE DESC PROPERTY; SUBJ TO EASE OF REC (westerly part of, to be determined, about 16,614 SF The County PID 36-30-24-32-0253(dtVesterly part of site plat map) The Fee Owner: City of Columbia Heights Census Tract 515.01 REAL ESTATE TAXES ( Taxes, per County Records I Payable 2008 Tax I $o Special Assessments / Salid 11Vaste Fee /Other ( ~0 Total Tax & Assessments: ~ $0 County Assessar's Value Payable 2009 (Entire Parcel) Subject (Allocated) Land $321,300 $103,129 Building $1,817,600 583 405 TOTAL $2,138,900 $686,534 Allocated values are for plaza area only and come from plaza site area divided by total site area multiplied by assessor's value. Appraised value assumes any and all special assessments paid in full and that there are no delinquent real estate taxes. 6,sa~ ~ ~`"~?,~=u=- ~ ~ ?5~ `'~4~-8~+~~ sr/~~6~nv.cal@!~~c~~kE.ccrr7 SUBJECT BUILDING, SALES & LEASE FIISTORY Building History Comments: Property use appears to be unchanged from current use. Sates History Comments: No known or reported sales of the subject property within the past three years. Lease Data Current Lease: There is a 99-year lease signed in 1982 for $1.00 per year. Landlord: City of Columbia Heights Tenant: UTC Properties Stabilized: Yes Leasehold Interest: The lease is below market, therefore in favor of the tenant. REGIQNAL DATA Minneapolis, St. Paul and the surrounding communities are known as the Twin Cities Metropolitan Area. Slightly over half of Minnesota's residents live within this area. In both of the fully developed central cities--Minneapolis and St. Paul--the population has declined due to smaller household sizes, yet growth in other areas of their counties has been more than offsetting. Below is detailed where this growth has occurred: County 1990 Census 2000 Census 2006 Est. Census % of Total `00-'06 Est. Change Median Income* 2~3,G41 ~~8,~?34 `~27;3~r5 i'.0°,f O.t~~~ ~`~1,G34 Carver 47,915 70,205 87,545 2.3% 24.7% $72,998 Dakota 275,227 355,904 388,001 13.1 % 9.0% $GG,4G7 Hennepin 1,032,431 1,116,200 1,122,093 37.8% 0.5% $55,996 Ramsey 485,7G5 511,035 493,215 1G.G% (3.5%) $49,898 Scott 57,846 89,498 124,092 4.2% 38.7% $78,106 Sherburne 41,945 64,417 84,995 2.9% 31.9% $G1,313 Washington 145,896 201,130 225,000 7.G% 11.9% $73,491 Wright 68,710 89,986 114,787 3.9% 27.G% $59,615 Tofal 2,399,376 2,796,459 2,966,733 100.0% 6.1% $64,391 $~~".,7:'" .~ it :u d?~a ~~t~ e:~"t? €Q~P ~~~''~'~ ~%~6ii'~'~ u,'`"i~~ ~.-^.5i -"~:aS :.fir `c'~. ~3"E~ ~~'~t.sf~~;.ff 3'^ ~,~c~ §C6~`:~'L.~s"tl~ rs ~~.~,K'~~.r~. tys The subject is located in Anoka County, which grew by 9.7% between 2000 and 2006. The subject is located in the southern portion of the county in Columbia Heights. cartioic Uata: The Twin Cities is the Country's 13th largest market in population and the 11th in retail sales in the nation. In 1999, the median household income for the nine county Twin Cities Metro Area was $58,449. The above grid reflects a breakdown of median household income for the 9 county Twin Cities Metro Area. The unemployment rate for Minnesota as of July 2008 was around 5.9%, which is slightly above the national average of 5.8%. The current residential interest rates, for a typical 30 year mortgage, are around 5% to 7%. Commercial rates are around 5.5% to 7.5%. Rates are expected to be relatively stable aver the next year. The 2008 overall economy is experiencing stress from a financial crisis. The housing market in most areas is down 5-30%+, the stock market is also down by 20-40%, commercial market is soft with modest declines. Recently the U.S government has taken action to stabilize the economy. - -=~3 u..M1 td ..-~it~8 ~}I C~~;Tt Regional Data -continued Greater Twin Cities Metre Area Market Vacancy Market 2005 2006 2007 2008 Current Market Trend Office 16.1% 15.2% 15.2% 15.4% Soft Stable Industrial 13.0% 13.0% 11.9% 12.4% Stable Improving Retail 6.3% 2.9% 6.9% 7.6% Stable Declining Apartments 6.1 % 4.7% 4.2% 3.9% Good Improving Gap Rates 2005 2006 2007 2008 Current Market Trend Office 8.0% 7.3% 7.1% 7.4% Stable Increasing Industrial 9.2% 7.8% 6.9% 7.2% Stable Increasing Retail 7.9% 5.1 % 6.6% 7.1 % Stable Increasing Apartments 7.5% 6.0% 5.5% 6.7% Stable Increasing Source: lVORTNMARQ Compass July 2008 ` The median income as of 2000 was $50,610, which is below the County and Metro averages. The population in 2000 was 18,520. The average sale of a residence in the subject city is as follows (per Northstar MLS stats). City Year # of Sales Average Sale Price % Change Since Yr Priar 2005 337 $194,545 Columbia 2006 242 $189,044 Heights 2007 209 $185,376 Jan -Current 2008 225 $144,483 (2~,'a ~~ F ~`~"~` ~ ~ ; r~ ,.:~_ ..~~ I ,~ -,~~ ~~~;~~ DWI! ~c~!? 9 REGIONAL MAP 1, "' tr~~ .~.~-, 1a9 __ _ ' ~ e I f ,( r~P t ~:: ~ ~ 7 ~ h , I f ri. ' Lino loif ,. ~ Arw7ca -1-: I .... a f zaz f ' I Lekes ... ._ iaj_ _ - - _..._____ - ;k _. 3 .~F.. UaNon -:,t ; ~ ~' .-. I I _I .... t ! -Rog rsl 4 ._.,._. 18 f i - i I ~ 121; - I iC `~ I o eW1 R2pid8 Ch llp ` ~ ,~. , ~ p. e ' 7 ., Hugo C ~ 81 -. ~ '~' 1071 te9h FVe N.. if _. '- - __-_ .. .. it ' ' t~.. ( -117. ' ]1 _. zm , ~ ,,~„n ~ n Useea-- ~~ ~ at0 ' ~ 1 _~__ ~.::: .__ t .. ... _. .. _ _ ~ ~ 1 ~ I ~ Ife} 1 ~ ~. ~ ervokynPark ~ 1 1 I _ ~ .r ' 1~ _ - t ~. 9 ~ d ty' -~ ~ ,..,.-t~l-.. 1Xc ww _ y 1,a~.Bcu ~ gt L.,acn ~ e.A a Grove ~ 1 m ~ --_ _. 7G I q3 -- - - -.._ - 5 _ ~ ~ ~Rltq I y ~ f is Sno[evlewo ti 11 7elta' .rs 1. °t9t`rrte l ~ ~ B1 ~J.~ -""Hrookyn ~ ~ 1 •J Lcnter ~ ~ '~~ __ ~ sr ~ •i~c. - '• - 1 Vadnefs H~~ ~ Scar Lnf`e r..• ~j 'S ', ~ .srs'al NEV.'Bflglrton r . sg lY t n w r oP_i J- I - ~~ w~ ~ - w . 'i --~ ~ ~ 61. - 6 Caem Leice McYGOfne~~ , i S - I - ~ ` i ~ ~ : '..' I New Hope ~txr la .. j ,. o FGL.,In:del N Ts ~ I 5? p :.. ~~ . Crystal' ~ I ~ >'~ St .Antnnr • Lttlle i d lp I to ~, c ~ -.} . ~. ... PtylnmAhy 39h ANa.N f Su6kct ~ =g ~Ftosev e ae rwda _ - n ~~ ~ ~i1h Si. a ., _. ' 1oz f . 1 e5 r ,__ I _, _ Medim 2 ~ 7o i ~ r ~ __ _... . -= _ " G~ _ EAaPlewood; _ _ _.. I .-.. -..,.. Eyt cc -- LeUtlertlak ~, v7 ;, -_ 10 I -- _ IS ,.. , lake Le7:@' ,.>/ .r. ~ ::_ - Lon ' .. FMCOn -- I e9 I f ., =?' , g a f. _ . • -` ___ _ ~ 1, ' ~._ -i 791 156 . _. .- 1s ': aif I hdlntlQapolis 1 HngMs ~ _ ~. - ~: ._ -~ , - 9a- ~ I ~ I Oa6dalep _ _ rz e __ . ~ ( - yac L?~ ,: U- IvsAY 4 e!, d y1_f` ~ 'y ~ ~ i: vlc~odland io Gg r '_ .*t-L~ , ~ St-Louts _ o a'k 7 c - I s- SL PaLI~ ~. - ~~ - - I - qq MIr111e101ikai ~ ~ I , 7 .: e ~ ~ ~ X00 I ~~_ ~ ~ ( i r ~ - T ~ ~I~y 1 > ~ - ~ Dee even -- .-~~ - . _- 7 ~ iNrs1 St i - F.JxaIBkX _... a., . 1 ~ t1i U 81 I oe l .: ieo' I - rv' ~ 7 - 7 • S .- -Paul g 5~l-0 ' ~ ~ ~ T `.- 190 ~ Pa~J -1P • '621.--~-' _, _-- G~ f 7 i ( .q daa -- Co"I~PI ': 4 ;. 12-+ .J , as ~Ricl~ietrl -~ = - ~ ~ ~=1: pt~ t .I: L :: F , r~andaa 1 156 ~ 20;4 T I #, 10 r t?, (' ttl~~~~s-~ ~ -°' +~~R u~' f ., s €. c_rCz'~.<. ~. ~1 !?p i I CI1"Y & NEIGHBORHOt~D DESCRIPTION ~ ~~ yoe Suburban 95% Developed Stable growth with areas of redevelopment - City Limits Single-Family 60%, 2-4 &Multi-Family 15%, Comm./Ind. 20%, Vacant 5%. Average conformity Average -- New to 80 + years, predominantly under 60 years ~~1 .. ~ ~ § .,_ ,_~ .. $1.75 - $4.00+ per SF _ $100,000 - $250,000+ L,-3 : $2.00 - $6.00+ per SF $40,00 - $75,000+ ~„ $5.00 - $10.00+ per SF $50.60 - $150.00 + per SF $8.00 - $15.00+ per SF - $50.00 - $200.00+ per SF i s; 6% - 7% : Stable re-development -~, Gradual increase in values over time ~. No major apparent ~~..,,,.,; .The subject is about 15 minutes north of Downtown Minneapolis and is situated just off the southeast corner of Central Avenue NE and 40t" Avenue NE. Traffic along Central Avenue NE is heavy. The Mississippi River is located less than 2 miles west of the subject. Buildings in the area range from 20 to 60+ years old. Newer buildings in the area are primarily due to redevelopment (city has been a major component) which has had a positive impact on the area. Appeal of the area is largely due to proximity to downtown. Columbia Heights has a reputation as a stable community. Access to most shopping and surrounding communities is via I-694, Central Avenue (Hwy. 65) and University Avenue (Hwy. 47). Most commercial properties front along Central Avenue NE, which is the main thoroughfare for Columbia Heights. Most buildings in the area are of average quality. NEIGHBORHOOD ~dIAP .® m '.. I ~ I i ~I ' I I m ( ~ pC ME, ,_ awray rarle ._ -_ _, m_ 46th Avs N ! - .l ~, t s ~ ' -'TO a Biwd. ~ . rn - 9 6 !I - -' ~ -07tit Ava NE ~ - ` r ~tl ~. ~4iu ,. _ !JE - -- = Std=StNW~- New BrIO'iaon -~ ~ rn 4 ~; D t..-blot a ~ I~'?6th Ave I c-' - - ~ 146th Ave NE 3 m ~ "' o I v tn.. b ~ }y ~`~ ~ ~ ~ _ ~ ~.. :.` i ~ i J Z c ~ ~ c fl kfley ~ Ath4weWE ~' a~ ' ~-tn W 1s 'Couniy..Road E ' ~ ~. ~ AA-~il; Ave NEB z .. n e. Ave WE m ~ ~ `'~ 44th Ave NE s?- 44th i.. ° . a ~ ' ~ ` Ave NE. :: ~ ., 43 tl2 r?! m z ' A3r~-Ave NE ~I ., Aar 2 .; w N ,. I ~ 42 1R :Ave-1JE z ?. ,u... z ~ ..j ' _ ',42nd Awe...tJE ~~ -.. ._...... stt:,cr m z L .~- ` Jti<E. .:k _~ t ' A f st Ave ~ 9<i: r.'=¢ M - =`?. &iiver Ln NE - - , m rn I ~ 1 cowmmn i t' ~° ~ ' 1 ' ino '' S ~b f E ~~? 4DIh Ave JE :xeighrs - ® z ;° K h : e .1~. c. m ..~ ~ c . h~ 5 - ~ iiusCt~flark is Z _. Q'®6o d- 4° ~ u i z. m_r;. ~-Z--. IJ ~~ _ .. _ 3sn "~ 've. ~ 5.~. a4 i ', „ ~ ~ _ _ ~ih „va N E a s3 i ie ~, - .. E ~ 7th nwe F'E z t Ave PJ rn C° m ,. J --NE 6 iT2 Awe , ~ 36th Ave . S s 3Qr 4 ~ J Awe NE, 3"t hAve NE o - -- N ~ u~ ,~~ ' m m SM ~ F_" .. ~. N_ _ - 'iz~ ,Sitr.~.vo, 35th ,~ e a ~, I _. .a ?5t rn „ h. Ave NE ~ ; term»tr==~v ~.. o ~ ~~ v ^1 Ay. tJ z sz a°' ~ Y ~ 7~ ~_q _ ~. _ U ~~ Z c=mw ~m 3 .z1 ~-_ ' ~ ~ 3''nd iAve Yt ~ ~' `~'~ ~ ~ ~~" - ~~~32nd Awe NE w ar _ ~; 31 An®_ ~ _ V7 Z - ~ 23 z Ardygyy, p ~ t - -- rn ~ w z w ~ Fioriy .A " m m m'- r 31 at Ave 'K'' ~~, m.. n ~ z I ~I ~~ it ~ _ - :'b BrooMSm Park i~ ?; { ~ (._ ~ 8i~s :rerfr~m,rce ff~td I . ~rk4ey , ~ ~ z5z :, .. ~ -- '~+ JV eNew .. iio:~---~E91hAVe-N.:_.."~9 ,~ ?, ~ _- :~'~ Rrden xNs` .x >;naita ._a ., i i /~ r. i ~ _ ~ t z aid Ave N __'~_-__ Center a ( I I ___ _.... _ r•.t~ Psrk ~ liew xrigixotq ~ , .. -+t ~ ' ~ i a ~ i tni _~ ._ Lh ~ ; I _ v,. 1 _ ,- _ _._ -~ _ ' _ 1 - _,__ t ... Ie11toP.. , ~ i ... - ~ ~ nG I f5f-.' ____ _. _._. ~ 49th Ave N I ~ J': ~ Corbin ~ V '. ._ Gryslat fl 'a~' .._w, I E t. !] _ 1 1, ( ~ ~ ~ ~_ xei Fs ~ ~ 7th A~t~ _-.: ~ ~ / y~ I = ~. ~.. ' 51 W ~-. r bbirwda le l7 6,t iC ..~ ` - _~w<t . ` ( ' i ,' ' t . ,. ~ n 9 • ( ~J ' ~ _ 1 S1. Ardtro ~ ; c:. '^Y r I~'''-I 3] two - ~ ' a__j_ ~~ ~a-e _ ..: .`no-n~+.ae, ~ _j i ____ "98th Ave Id L _ ~ ' ~ '~ osevige _ t ^5t _ _.. ' ._ •' ~ r~ I ' .. ~ . e~. ~ ~. fl -.__..._. ~. .t.1= r ~r~~ _~_ OS ..___ -_ ~, I i i e ~ t jl Pn'. 1 I ~ !OI ~ :. _ '. 18th f~yc t`)4__ t __ _.. ._ _ _..._. _.__ ~ j I ~ _ F I ten _. - ,_Odlden Yadey-..__'r _,~ _.,! '¢t i'.,' _..-_ I ` I ='° ~ , _pcasvr+aY_ yLwrderdnla 1 Y ~ i. ~ ' l ~ .` .~ ~ . ~. L ~- ,. t r 27 , ci ~l ~ L_-- -._ ri~ ~ . _.-_-___ " -.-_ ~f€h Pak-... . u i _ _ . - _ -' ~ C.~rFin . 7 ~ 4. ,. e _ .157 -- ~ r ~ ' _. / p~ -._:... ~ %_ 34tH Ave ,~ ~ ~ a ~ z 2 2V i ~ ~ I i'. ~_ . ,_~ .._ , A <„ . -..._. - ~- tJlinnea o!s h"Ave NE - sL aMhony :.. ~~ ~ z_ ~ w 1 0 - ~ - 33rd=Av- { cn__ ...? ° ti7 ~. 12 - >i- tillrc~ ; .;~-, ~~~_~~~~ I ~rw1~~ c~°°~~~ .~ c~rrt SITE DESCRIPTIC9N Dimensions: Triangular, see plat Grass Site Area: 0.38 acres (1G,614 SF), per City Low Area: Appears none. Topography/Shape: Mostly level /Irregular Sail conditions/Drainage: Assumed to be stable in upland areas /Appears adequate Utilities: Electricity/Gas: Yes /Available ~lltater/Sanitary Sewer: Not available OfiF-Site Improvements: Street/Curls/Gufter: Bituminous /Concrete /Concrete Sidewalk/Alley: Concrete /Yes Street Lights: Average Storm Sewer: Yes Access to site: Off 40t" Avenue Northeast, Alley Frontage/liisibility: Off 40t" Avenue Northeast /Average Flood hazard zone: No, see Flood Map Apparent Easements: Typical utility and drainage Encraachments: None apparent Unusual Conditions: None apparent Current Use: Plaza Building Improvements: Plaza Surplus/Excess Land: Not applicable Functional Adequacy: Below Average North: Strip mall South: Northeast Bank Surrounding Uses: East: Parking ramp, residential beyond. West: Northeast Bank Distance to Major Road: Subject is located approx. 3 miles NW of I-94 access. Gomments: Immediate surrounding uses include mostly commercial. No apparent unusual conditions, adverse easements or encroachments are noted. Building to the west is multi-story and so is parking ramp to the east. zaNir~G The subject is currently zoned GBD, Centrai Business District, which allows primarily for commercial uses. The subject is considered a legal and conforming use. Purpose, per Anoka County. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. CBD, Centr~I Business District Multiple-family residential, when located above a first floor commercial use, community center, government offices, government protective services, public parks and/or playgrounds, recreational facility (in and outdoor}, school, vocational or business, school, perForming/visual/martial' arts, auditorium/place of assembly, banquet hall, billiards hall, bowling alley, clinic, Prima Permitted Uses: ~ medical or dental, veterinary clinic, adult or child licensed daycare facility, financial institution, convenience, Lmted_or full service food service, health or fitness center, hotel or motel, medical laboratory, off sale liquor store, museum or gallery, office, retail store, service or studio professional, studio, radio or television, movie or live performance theatre. Major Restrictions and/or No restrictions. Requirements: Minimum Site Size: 6,000 SF zaNiNG MAP --~ ~_ I _ ~ ~, 1 ~t ~ _7 ~ _-- ~~ ~~ ~~ ,, 0 .. . .~ . , :1 ;~ , t ~~~ ~~ ~~~ ,_ .. ^ ~~ ~~'•- IJ~ ~~ ,;~ i-' ~ - J 1, ~ r 4 ~... l ~ ~^ ~~~~ - --- 1 - ,. I~ : ~~ ~< _i~ ~~ ~, ~ -~l _~ i .~ .. ;~ ~i - ~, I~ ' ~~ ~ , . __ :atre xn ~:+ ~~~ ~ ~~~'i ~.. pia ~ - _~ PLAT MAP ~~fi`+IV.Ir~ ~~' ~ ~`. .C~y l..g-o ~ i.~cc. ras ar \•. Q.F -__ ~`- i La X197) F~.•~~=u-m~ ~N yL7dLLE c trr/'vi2 .a'~t 'tt ~~JJ v --11 :~ f ~ I L. t \~ ~ `r T.cO .aE'3': B ~5`u~ t - I ~. ,>~ ' r ~ ~ ' .fir} zb ~ -' ~ ~ ~~- . , ~:;~C~+> ~~~ ,.~. ~ }~ (i`7 (1 ~ E5, ~-1~ ~ i ~-1.2 -~ ,,~ ~ 1C1 ~ 9 ~,~:~r~ ~ cQ~~u~ ,:,~ `~ }~G ~ I ~~l/) ~k ~' I ~`~,~/<r I ~I1B iii ~`¢~S~t p.U~ ~~ ::/~. V`~ ~„W.. i 1 /, , %` `l<3i'J ~} i i.:s _Xf .9A:.. .. ~. ~ in _ _ a _ n"~ a {.d atl) e - T) - . ``,y., ~ ~. •L 4 i •l~''t~ ~ 1 Ac ' ~ '~ ~ r-. .. .. .. ~ .. .. .. ~. to - ~ _ 4n ,~ ~ 32 ~ r'> ~ i X38' ~ ,# i ~Z ,~ X48 54 ~ 1 ~ 53 J ~ ~7 ' ~ ~ i 4 b ~ G2 ~~ C~~ O "{ ~.f 1 n td49 .mac < ~r I -~ ~~' c~ ~ ~~ 23 ~s) ~#j ~j ~ L} ~,~ r 3 i I (3 11 5 ~ 7 ) S 3+ ro d j~` 5,:5~} / 9 ~ ~ 3 z '~ ~~~~ ~~ ~.~;~~ 22 zo B ,~ » 1~ to ~ - ,. (3~) ~ `~' o n I~ C ,. .. I ~ ICI~7 (~!~ ,~ I -,- ., G2 z i~ i6 4 J2 O ~ ' ~ 4~ o ~ ~3 2/ /y ;7 J5 /3 ~ ~ cs7 c ~) ~ 3 uJ ti !~<b ^e ,5} t`) - (s) (~~ 69 6s}> ~f~ ~3~ (~) `ry) Cn} ts) C ~) L (to-)C) '`.-.4' r° `.5a ~9? c ~ ,- 9 0, `/~L~ ' :. O .:.r ~; COULD AVE•-,~,_~ _ ~` •, ~fi a ._wa..' .... ... - .. .... a. . ~pl~ S. :eB. o z ass'} (~ (s3) 4 r GJ (a> ~j ~J =,(e:;i I ~x1b bo '~ ~~~Aj ~ SS a}. 4, r_".~/o~L~,a H airs Canm ~..~Y/. . ~~ ~J ~b d~ ~ Ih (.SG~ s~ ;•'., . i<~ ~. .. rLVa-- - -- -- ~ 4o t62S3 ,s ,q. „~,s~4 ~°'~' yy P~9 d,~ g.,,!.aft~,•~n~ ~ A.. l'~z ./`~ ~q 52'~~~ ~ie.Z.B~ e R° ~198~Ri.a - s.. - Q 1~ 2~. Prf \. '~,i11~i 19.E8 ~.. ~.. ~y ~ s T '`D ~5 X41 ~ K' ~ 5: os~' Red outline is very approximate, per dotted line on map, appraiser and zoning map. Alley appears to be vacated. ._ ,. _-. .. i n..K, / ,_ ~ ~~ 1 Ore~i. e c.~i?' i,ciE !'~~[il 15 FLQC}D MAP ~. Prepared fir: ~~,}..~~~~~~ f'JagellAppraisal & Consulting l.• ".r ~ ~~~ •~,h~~: 9~C140th Ave NE v,'ww.ia7t~rtlaa~l.carrti • i-g~Cl-2~2-633 GDlumbia Heights, C~;lf~l X5421-31111 ~~ ~` J ~ "~ _~~t~`l~ fir' ~~ ~ A r~?,,f fs p;:r.. :~ f s 1 Y u, ~~ % ~ k,. ~fz ~/ /// ~ ''~;f ~ .~ ~ ., ,/ _~' _ - .~,~v~l ~ ~ ,,`, W ~ ~, I :~ ,, ;` .~- \} _ F ~ F Hazards ft~ap w fu4ap taurnber '' ~ ~ 270D1 Q00058 G' b 2 ti, ~ .f' ~ ~ 1 i, I o z '' EfP~Ct14e Dafe a ~ Sertember 29,1976 ~ /` i i ~' 4(~'~' At~ty t~[7~r 1~~ I poweredbyFloodSouroe -- _-_ - ~ 577.77.FLDDD __ _ __ _._ - - I www.floodsouroe.com ~ AERIAL PHOT©GRAPH ~ ~Xaa! _. , _ _.. . fi y" p 'c' r§ V' n iT1~'~ f~: . F- - '?' ~v~ ~ ~ cif }~•. f ~ a .~.~-2 I ~ ''T ~~: . rt'"~` 1 ~~.~ ,r; .-.ate ~ , ~ ~ , ~~ ~.:~ .~. ` ` `r ' / ~ ~ ~qy, 41ST Avta - ~- t ~ ~ ~~~ 1~I y~ ~ m ~ ~ ~~~ ' ~- 1 ~ • :~~ r zap it.ti i rr ,~, ~ e~ ~ ~ a _ _ c ~ a t i~.~ rY - ~~.~ ~~'~~w~a-.al ~A'. ~~I.`~~~1a was ,m. '°~~. ~~ ~^° ~~-,.mss L~ ~1 r. ,[~it ~''&:"".d:..P .- _ "C 40th tir - ,}#`~t , t _ ~ i ~- ~ ~' _ - - Gould A t ~ `1j ' ~ .y~ ~;,~} f. f,- ~~, ~ r~F i~ '~ A t~~ r~ y~ 1 ~{ ~ ~f~f. ~y1 _ { Y _ I .~t ~~~J ~ } - 1 ~ ~;... ¢s.~'1 ~. ..~~-~ ti ~ ~ ~? 'ham `'~ y ,. ~~ ~ . ~j( ;; Ry l fN ~ f t per, ~~ ? y!'1 . 1 ~ _ ! ~ ~ ~ W +*F _ '~,J .~,~ ~. ,~.~ ,{ ;r'm., :mom ~~~ ~~ W ~~rKi7 •i ~.,,..~, _, i :°c. (.;_ DESCRIPTIC)N 4F IMPRQVEMENTS Building. Data Type of building Plaza hlumbier of buiDdings . One Number of :stories Two level dross building area 12,500 SF, estimated Year built ~ 1982, per City Quality Class/Gonditian Average /Average Type of construction Structure Concrete foundation, concrete pillars Fcoof S€~~ace Masonry (plaza area) :Exterior 1/Valls Brick/Concrete Doors/V1lindows None /None Mechanical/Plumbing/Insulation. HVAC None Electrical /Plumbing Adequate /None Hot-water heater /Sprinkler None /None Elevator /Insulation None, stairs / N/A Energy Management System None Comments: The subject is currently used by the bank as a multi lane drive thru on the main ground level. The upper level is a plaza which is used as open space by the bank, city reports is doesn't get used much. 18 _ i ,,r 5~n, k,°~k3r C~ _=ill SUBJECT pHOTC?GRAPHS r~~ ,; ~ ~ ~ k ern t ,' ~' ~ _ + ~. t w .i. F.R~Z ~" s F ~ 2` 5 ~ t i r ~ _ ~' y ~ t.~ ~ ~ ~ { '[fit'. ~ Z'~ F ? ;l'~ View of Subject View of Subject 19 SUBJECT PHOTt~GRA.PHS ~.r" T ~ ~~ ~'ii a.~:,n;r:PS3'. c. trr. m~ 1 ~ ~ '.~ s t L~ :' s ~F' } `~ kY ~~t ~ ' Lj' 7f ,.. ~~~ i _ f View of Subject (P6aza) _: ~, ~ _ , ,~ ~ - , - i .~~~rrw ~ I ,ir JK. ~ ~.~ ~ ~, ~: t_ _ .- ~ ~r.. .. ~.5 V ~ :. ~ irt ~' M '4: T _ _ ~}:. 'S:R ' ~s~e$W. _. ~ .a ~r r..... .1 K. `[1 c ±x... .( .... ~~~ .3114..E 1'~i ~.~Z"v': View of Subject 20 -`r .[ ~ ~.:~~ ,su,ti-g i 9~2-` `-+-UAL:," ' ,v~~.-,r1.:_..,., ~ i! ur.~, .-- ~ f ~Jiev~ of Bank SUBJECT PHIJTGIGRAPHS ~~ ~~ Street Scene Lacking East on 40th Avenue NE SUBJECT PH4T®GRAPHS 1 ~ ~ ~, - t h ~ } s ~ W f ~~r ~~ ~ s ~~ ~ ~~ Pc - ~ r ~ ^^,,55. i '~i E xt r .. ==f~ ,w~ _~-~.. ;'S w :. _ +;;~ w~a }., i -,t T ` Y I ~ t+h ~1~ ~ ~,,~, ~~aa ~_ 7 ,+~ynr . ~~ f ~~~~ Street Scene Looking East on 40t" Avenue NE ~~ ,: ,, t` L I ~+r j` ~ '~ r e , r. ' 4 2 : E`~F 1'~x ~ ~ ~ - . ~ y,.~r t~ sr ~, ~ ~ _ 4 1 ,~~~ ' -7 nay ddb ~ ~r ~t ~~ '- h 1 t C s.~ N~ ~ , .T r YF 'I- ,, }~ ~ y 11td .. ~ i 1'~~ View of Alley looking South (Plaza on Right) 22 _ -... - .. HIGHEST AND BEST USE Highest and best use as defined in The Appraisal of Real Estate, Twelfth Edition, by the Appraisal Institute, 2001 is: "The reasonably probable and legal use of vacant land or an improved property, that is physically possible, legally permissible, appropriately supported, financially feasible, and that results in the highest value." Highest and best use is analyzed in two ways, site as vacant and site as improved. ~-s p~~ ~E~ 1: What uses are allowed by the zoning? i - a What uses are physically possible on the site: - Which possible & permissible uses will produce a positive return? ,. "~ Of the financially feasible uses, which use produces the highest return warranted b the market (the idea! improvements ? Site a~ acar~ ~, ~ _ _ _ _ The current zoning primarily allows for a variety of commercial and coma ier eiai related uses. °~° --; Although somewhat small and triangular, the physical characteristics of the site appear suitable for development. The site has average access and average visibility from 40t" Avenue Northeast, plus side alley. Overall, the site will allow for a number of potential uses including assemblage with the bank property to the west. - ~ Surrounding uses include mostly commercial, including an office building and parking ramp that are both multi-level and restrict view. Market demand for commercial properties is average. Retail would not likely be financially feasible due to the restricted view and most fronts on Central Avenue. Given the subject location, zoning, and surrounding uses, an office or secondary retail use would be most appropriate. Given the above discussion and keeping in mind market demand, site size, zoning and the subject's location, it would be maximally productive to develop the subject with a 4 +/- story office building of average to good quality. --.,_~~~;, ~, :,,~ .~ „~:: Most office properties in the immediate area are between 2-4 stories and the building foundation covers about 40-60% of the site. Based on the above discussion, the highest and best use for the subject site as vacant would be for a office use with about 25,000 +/- SF of average to good quality. ~ Highest and Best Use -- continued ~ I Itr This section describes the process of comparing and contrasting the ideal improvements for the site as if vacant with the existing improvements. Although the current plaza use is allowed under the current zoning code it is not similar to the highest and best use as vacant described above. The existing plaza structure area is somewhat significant and is estimated to be about 12,500 SF with bank drive-through underneath is functional and logical for the neighboring bank use. At this time there does not appear to be any other uses for the property. Therefore, based on the above discussion the highest and best use is to assemble with the bank site. This would render a rectangular site for the bank and allow for future ~ building potential or bank expansion. ~®TE: Due to the unique nature of the property (plaza use) for appraisal purposes land sales of competing commercial sites in the subject marketing area will be used to determine the land value. Then the depreciated cost of the improvements will be estimated and added to the land value to determine an overall property value. INC®IVIE APRR®ACH The traditional Income Approach to value is not applicable in this situation. Very limited rental data of vacant land renders the Income Approach an unreliable indicator. However, the existing lease on the subject property has a significant impact on value due to the length of the lease and annual rate. Therefore, the Income Approach will be applied to determine the "Leased Fee" value. The subject is currently leased by the UTC Properties from the City of Columbia Heights. The neighboring bank uses the plaza property. The rate is reportedly a $1.00 per year (see addenda for copy of lease). The -ease started in 1982 and goes through 2081. Reportedly the tenant is responsible for maintenance. There are no property taxes on the subject. Value by Income Approach: $1.00 per year / 8% _ $13.00 rnd 24 _ I R I SALES COitlIPARISON APPROACH The Sales Comparison Approach to value is not applicable in this situation. Very limited data of plaza type properties renders the Sales Comparison Approach an unreliable indicator. COST APPROACH To arrive at a conclusion of value by the Cost Approach, the estimated vacant site value will be combined with the estimated cost of the improvements. Estimated physical, functional and external depreciation are then deducted from the cost new to arrive at a final value estimate for the subject by the Cost Approach. The Following Outline Is Used In The Cost Approach: - Estimated land value, using vacant land sales - Replacement cost and depreciation are estimated Land value is estimated as if the land were vacant and available for development to its highest and best use. There are several different methods to analyze site values: sales comparison, extraction, subdivision development, land residual, and ground rent capitalization. One or more of these methods may be applicable, depending on market conditions and the type of land. The preferred and most reliable approach is the sales comparison; however, when sales data is very limited, some of the other methods may be employed if appropriate data is available. For purposes of this appraisal, the sales comparison method has been utilized. A number of sales were reviewed in the subject marketing area. Of the data analyzed, the most relevant sales were selected and used on the following pages. ,~,..__ _i ~, - ° - 25 COMPARABLE LAND SALES MAP I _ - ~, Brooklyn -. ~ _ Perk ; i s ~ 65th Aue''U z5zr I ~ ; nth nveN ~ 64hy A+'a?d `'; e ~ -c roni> ?~ Egnde Dr NEO ~ ir)n bruCk t)r 0 i D ~~ ~ 63rd Ave N ~ *'~+ aid Ave P+I ~ ~ _ Z 152 ~. m ~ uJ;' -n q7 r !; ~tevevr prrrkr ~ _.6 c,,., ~ ~BrEntBr e,?riJ I. + ~ ~ ~ .5 Fn~il~,~ ~. G1st Aue N. °' 61 t .-„_ 1 ~_ y ~' µ. ~ 1UE ~' ' ~' 60th' A ~a N ~ ?' ~ Tr°t4~9e t o r ~. t- I ~ ~, s e l > , _ t~ z r i - rn - JE aPt ~~S"32,tk m i y .~ ~ _ z 5Fiiti Ave N~ ~ ~ 50th Av~ 1 `` r c 50th Ave lUE es 'o` Q4ry ~ N,c I, r y N r : ~ 1aa. 57 a, o~iFl, 49th Ave', NE ~ q ; ~ ~ ~, ~.-. r a ~ ~ _. 55th .. ~ ~, '. Come 4 I = `~- V8 NE m ~ ; ~,. ~ _ e tl '~ ~ ~ ~ s Fiikio 46th Ave NE- c rystai 54~h rwe N ~ ~ t 7, ' c _ 1:' ~ P , _ 47t1t A - c .33rd Ave !1'U.r l,':. Surd f;~e PJ ~'. A J ~ ~ - - ~ Com ~ ~ 45th flame NE ~ 1 .. ~2ntl ,,, ' - m ~ 4 ~` st Ave N ~ 51 ~: ~ f ~ _@.i m 51' ~ u ~ ~4ih nvr E 1_ h Ave NE wD y v st Ave N ~ ? `. I `~ I! i~ ~~ °' rn z~ z ,ti_ °. ~ -~ s _ a T 3rd Ave Comp 9 1 c ~ ~ ~_ th Ave N Su6lect I ~ ~ m _ - _ , ~~~_ .. rn i i ~ m ~ ©~~ z B 49th e b` ~~: ~ ~ ~ ~ Q po. . -_: __ ~ 46th F,v~ fd '~ n m Nei~ms~ '~o r ~ duo ~ ..- m ~ ~ ., ~ ~ ~ ~ z I~~ ~ ~ 4Dth ,4ve N~c _ ,p - ~.~..a .. rth five IJ .. rn i rye: pa k nrun r my _.-. ,. ~ 45th Ave-.IJ o . ` , ` _ ...... N ~ ~ _ g" tl A 43 R` ve r u ; v = p+`y rt L ~' t. _. ~ w Comp 5 _. ` 3 : .. 42nd-Ave N ~ , m p D -m 9i < ~ ~yt~9~; ~'~ - m m ~ ,z - 41 t ~ y _ 4©th Ave N c tai G~ 0 fj ~ 81 ~ D ~ _ mt,;e - ~ s. i ~ c n '9 r,, a' - I _, , ~~ ~ ~ Q_ y ,` ~ ~ 3 = .Dowling A,ve N _ n w ~,C y, ~.Z i sw ~ c ~nh~ Fe, N ~ ~ G _ _ ark _ j Y ~ 6th Ave IV ~ ~ ~ ~ z z 36th Ave JU ~ ~ ~ __ . ~ ~ ~ 354h Ave IU ~ 5th IV <[ A z ~~ ~ z ~ ~ i ve y Ath Ave 'IU ~ ~ pa ~ a ~ 34th Ave N y a z 4 k 15z+ '~ ~a/e R z z `~ IU 2 ~ U ~ R7 -m d ~ ~ .. ~e N Lawry Aaa olden Vaii e e ~ ' '.Ls ~o n,r; ,. i I E ~! Coip. aricT'ibr ~ts s~ooli. All rights reservael.l~ ~ ~. _ _ 1_^ Coovnaht ©2004 Mlcrusoft h "~ ~ ~ - rv ~ rn 37th Ave IVE 36th hve. IdE - _ m 37th Ave NE ~ r'n s' y ', ~ Agra IJF ~ / tUE o z omp I ~..,..-- Cp ~ ' -. _ .. __ Minneapolis 34fh Ave N~ ~ z °o. _. __ nthony ~ky .;e ~ m 33rd Ave NE _ _ e aT rl ~~nd ~ NE ~ z7, < `_ N ~r 123 ~, rn A~thon} ~~ 1 ~ ~i~.- ( ~~th ~ e NE 3t}tl~ A•ve NE ~ ! ~ 29th Ave NE° tiJ 29th Ave NE ` z . w. 28th Ave NE - ~ rr cn ' z ~ ~ w ~ z - r ? w ~ ~7ih Ave; NE ~ - ~ z°o w w w ~ m= z ~ w' z uy ~> m >:, ~ NE - 261h A' y ,. _ y ~ m- `r u~ tri rn !153) f ,1531 d ~ Lt)vvr AVa NE = E o ~-Z ~ ^ m y J _ . !i U, 1II 23rd-Ave NE,, ~c m . u~ i; sA~ES ca~nPARisaN APPROacH The Sales Comparison Approach to value is not applicable in this situation. Very limited data of plaza type properties renders the Sales Comparison Approach an unreliable indicator. COST APPRaACH To arrive at a conclusion of value by the Cost Approach, the estimated vacant site value will be combined with the estimated cost of the improvements. Estimated physical, functional and external depreciation are then deducted from the cost new to arrive at a final value estimate for the subject by the Cost Approach. The Following Outline Is Used In The Cost Approach: - Estimated land value, using vacant land sales - Replacement cost and depreciation are estimated _ a~~~ea Land value is estimated as if the land were vacant and available for development to its highest and best use. There are several different methods to analyze site values: sales comparison, extraction, subdivision development, land residual, and ground rent capitalization. One or more of these methods may be applicable, depending on market conditions and the type of land. The preferred and most reliable approach is the sales comparison; however, when sales data is very limited, some of the other methods may be employed if appropriate data is available. For purposes of this appraisal, the sales comparison method has been utilized. A number of sales were reviewed in the subject marketing area. Of the data analyzed, the most relevant sales were selected and used on the following pages. COMPARABLE LAND SALES MAP . -, ,. ~. - Brooklyn -- ~ ~ 1 s ~ ~. ~._ _ . Perk .. ~ m I is ~ ' 35 ,. A+~e iv ~ ~ ~ ~ G~ih -,/E N 252 3 Z '4~ A+'e td ` 1 Medtronic '~ Lynde Dr IVE ~ ;~ ,c . - ; ~ N lnnsbruCk t)r ~ Ave f 63rd A.ve N ~ -._. - _ _- ".- .~.. 152 . - __ ., , ,`~ ' ,~,~Y ~Broakyn 2:rry r'nr&: ter Ce ~" rd ' 2 d ~ Yel`^ _ _::. '-t . , _ ' m z ~ n ; !e 6 ~ _ Fria7ey 61 tit Ave IV ~ z 'a rkt ~ tS S _ °i Q 51 ' ., ~e P:I ~ 5.•d Hve -ldE av , y a r y v;' 6Dtii A.~e Pd ~v ~ ~' ~ Troth - c 9 ~ ~ s~ ~ z ~ x ? ~ °lh 4;e Id t~ -t ''' m PI ;1 t Aye IdE .r is ~ h. r1v_ N" 58t to =~i h Ave Id I r ~~ k P4y ~ o) ,I~ ^ i ~ ~~ - ~~ ~. 57 _..... - ~ Li:,ltY ~rrF p.l ~ ~, ~ ^- ~ _ 5C1fh A4e NE I 6$ - ~'... 100 ~ z,; ~, ~~ 4~t1, Ave PdE ~ _a; '~' ` ~ - m . E9 ~~ 55th- ~~"` N o ~' - Comp 4 ~ > ~.~ ,a ~d7,th ,4ve NE „rystel 1 54tfT ^,Y8 CJ - d 3 l ' c - ~ __ < ~ ' ~ ~ ,. ry Hdttpp ., ~; "' r Ave : .5 il . 53rd ,tve N ~, ~ rc : i ~ ' p z ~ 52nd ~~ve Id `-- ~ ~ y `~ co _ I ~ i _ ~ 4 `~ ~S1`~ F e fJE ' ~ - 5" st' Ave N ~ 51st Ave Id , ~ ~ sz ~ ~, ! ' ~~ , a ~ ''~ 50th Ave iV ~ ~ m z A'3rd Ave N r~, ~ = Gsubicct f I~ .. li. ~ O ' _- 2 _. ~, - A91h Fr,e jd ~~ r ~:. - - l _ NN - -.. ' - o _ a ___ ,.$~.:r '.' 6h ~, a FJ 4 _ ~ ~.. ,~ _ - e Colurnb, n m Herphts 4 ~_ ,. _ _ _. 1001 ~~ 'F' a 47t1 ~;re f l _ '. ~ .. k _._ ~ - i 46th v@ N 15'L z Al '1.6'h eve 6J - r r~ ah =aye NC c " r onal Pl' Me Y 45th Ave , I V w ' 6 ~ . ~ - t~- `~~ _. ~ .. NE L. ~ .~ 37t Av 3 I ~ ~ o „~ ~ p ~ 'cc. ~,® ~ e~JE ~ a,` $.) yg" 43rd -Ave fV ~ ~ a Comp 5 r r q t ~^' n cor _. ~ `m $2nd Ave N 9j. D y ~ Y ~- -, ` v~~ r. x ~, „ m z ~ ,a 41st ~ :e I I z Z .._ _. _ - _ _ t ' hllinneapolis ~, ~ Q~ r ~ ' ~ , _ ' ~: , ~ _ ~ ~ s1 tD 4©th Ave N- ~' ~ _ ..:.__ m ~ 1 i ~ , St=Anthon; Play I a7 b, a ~. ' c ~ - a, o J ~ , ~ > 'Q > 9 3 4 I ~ ~ ~, - - m 2 ~ ~ DOWIIRg A tl fJ y ~ u I ~ ~, - ~ ~ -^t , 37th 'e IJ ~ ~~ - ~ ~ -~-2 '~P ~ kl ~ ~ ' j ~ ~ n ~ ,.. J ar t ~ Id N N z 36th Ave 6th eve I J s co -I ~ 2. ~ ~ o, z I ~ m m Sot ~ ve N 5t1~ ~1ve z y ~ ' D I N ~ a;e~ m m ._ zf ~ A ~ ~, D ~ ~ _ I , d z 4 ~ Ave IJ U ~ ~ ~ 34th ~dth Aye D a ' ~~ I 107 ? ~ ~ ~' NE 7th Ave ; a e N ~ ~ 4> ek z I > ry " a1 o' z 33rd Au rn ~ . ~ 4_ '" PIE 6th ,=,ae 2 1 v N z o ~ +~ ~ ~ e ..Lover Ave 1V Low rwa N m ,,otdegVel(ey ~ Y ` ~_ 5 ~ ~ ~ _. _ I Lo.Vr AV T ~ ~ Y I e N 153 ~, n > LOw y -.ve f!E c ... I ,,,,~ .n._ ,,, _,. nr -,,,n. r , I _ 36th ~~ - ` AF h Fie rdE 45th /,Ve NE ~4~h Ave NE ~\ i m N ~ "15 ip 3 ~-~ Z ~, rn ~~~. 4Dih-Ave ny~' m~ ~ 39th Ave' NE" Ave 1VE " ® in 5' v ~.-- - NE N ; 0 m m ,_ ~ Ave'IdE ei, ~ - G eve NE ~~ ~ ~~ ~7 q 32nd Ave IJE - z N Anthony ~,~, m Ave i~VE 30th Ave NE Ave NE a 29th pvz '~ z Ave {JE ~~~ u N ll W Z m [n > m m n j v 153 c. - ~ o .~°c c c ' Sales Comparison Approach -- continued CC}MPAt~4BLE 1 ~I ~, t' ~ r , f f f ` ~X ~ i~ .~ ~ _ ~!' , ~~ - ~. t ' ~~~,^. X ~." ~ Sr,~..'' - ~. ~ - FL = .her ' ~ .." c. _ _ .,r ,.. .. 1, ,` ~... -._:._ r _. _ _. ~..._ _ t„' ~~~ ,.L .y++~_ r.. - ~ ~~.N~-; ~ ± u~:~ Location: 4707 Central Avenue Northeast, Columbia Heights Proximity: 1 mile north Use: Commercial Land LegaUPID: 25-30-24-32-0074 Site SF: 90,605 SF (2.08 acres) Buyer: Grand Central Como-nons, LLC Seller: Grand Central Properties, LLC Source: CREV, Public Records, Buyer Unpaid Specials: None reported Terms: Market Date of Sale: 10/26/2007 Pricer $1,400,000 Utilities: Available Topography: Level, Irregular Soil: Assumed average in upland areas. Larger lot located on Central Avenue. Per Buyer and Seller, Grand Central Commons and Grand Central Properties are Comments: completely different enterprises and have nothing to do with eachother. l3nit Pri : 5m45 per SF Sales Comparison Approach -- continued C®n/iPARABLE ~ r ' •'/ r~ M .. ', ~ e . ~' ~. f ,~. 4r. - w. _._ Location: 2105 37`" Avenue Northeast, Columbia Heights Proximity: 1 mile Southeast Use: Commercial Land Legal/PID: 363024440025 Site SF: 46,173 SF (1.06 acres) Buyer: City of Columbia Heights Seller: Pratt-Ordway LLC Source: CREV, Public Records, Buyer Unpaid Specials: None reported Terms: Market Date of Sale: 01/26/2007 Price: $506,231 Utilities: Available Topography: Mostly level, somewhat rectangular. Soil: Assumed average in upland areas. A developer purchased old movie theater, split the parcel in Comments: 2 and sold '/Z to the City. City bought with the intention of building a liquor store. nit Price: $'I(}.9~5 per SF 28 Sales Comparison Approach -- continued ~~"~P~l2R~LE 3 .~ . ~~ .. „~ YC ~ ~~~ ~" R-~ ~,. ~' ~.r ' W ~I ~ '` .di , ~ ~ i v ~ L v.,i ~ s~ .., ~ ~: a ~ i a ~~~ ~t-.. ,'.,-may ~ 1 ~ ~ -u„ E ~ ;~ ~ ~°. ~t~a. r ~ ti ; , ti ~ ,a r ` , #_ ti F ~ _ ' ... .:. 7.?: l -+ +.. hid -. Location: 4423 Central Avenue Northeast, Columbia Heights Proximity: '/2 mile North Use: Commercial building LegaliPlD: 363024220044 Site SF: 19,602 SF (0.45 acres) Buyer: CWP Properties Corp. Seller: Don's Car Washes of Minnesota, Inc, and Gerald Kosehney Source: CREV, Public Records, Seller Unpaid Specials: None reported Terms: Market Date of Sale: 08/23/2007 Price: $148,880 (see below for allocation) Utilities: Available Topography: Rectangular, mostly level. Soil; Assumed average in upland areas. Car wash located on Central Avenue. Comments: $179,500 (assessed land value) / $361,700 (assessed total value) = 49.6% (assessor's ratio) x $300,000 (sale price) _ $148,880 (allocated land value) Ilrtit Pri o $7.80 per SF . n ., : _ _ n ~ n.,.,~ 2 Sales Comparison Approach -- continued C®„~PARABLE 4 t ;~-~ - ~, ,: ~ ~ ~ ~ ,~ d ~ > Alg ' Lff *y s . ~ y r ~.T i. }1: 1 ~~~ z i .. kty I r ~ti' " ~ ~ ~ ' . / - ~' ~ , ._...t ~ ~, . . .. } ~, L '~ b ~ .. v :.. - _ -. ~ .. ~_ r _ .... Location: 4839 & 4849 University Avenue North, Columbia Heights Proximity: 1 %2 miles Northwest Use: Commercial building Legal/PID: 263024310090 Site SF: 18,256 SF (0.42 acres) Buyer: Najally Limited Seller: John E & Teresa R.Collins Source: CREV, County, Public Records Unpaid Specials: None reported Terms: Market Date of Sale: 01/17/2007 Price: $135,903 (see below for allocation) Utilities: Available Topography: Rectangular, mostly level Soil: Assumed average in upland areas. Auto repair building located on Central Avenue. Comments: $82,200 (assessed land value) / $287,300 (assessed total value} = 28.6% (assessor's ratio) x $475,000 (sale price) _ $135,903 (allocated land value) Unit Price: $7. per SF 30 ~ ~,~,, ,.;,~_~ ,,~ ~ Utin~sv c~~~~Enag ~~ ~,~~; Sales Comparison Approach -- continued __~~IVIRARl~BLE ~ :, ~.1 ~l~ , c ti _v~j` ~.. ~~ ~ ~ ~ ~ - [.r, Zf,. iTA F4~;'~h ~ ~.rr..,~_ ~~`~ '~~ •~ ~ ~ n ~4~~ ~~ ~ 1 } Y` L . ~ ~ r~~ ~'' , ~ Y~yi - 1 v'~, : I ,+ _ e j f,f~ _ S~~j' ~~~r/ ~-'~.'Jr. _ ~, ' L ~ l ~ ~'~ 6T• ~~.~~. }~ 1 Location: 4025 West Broadway, Robbinsdale Proximity: 4'/2 miles southwest Use: Commercial building Legal/PID: 0602924130044 Site SF: 7,321 SF (0.17 acres) Buyer: BA Properties, L_LC Seller: Wilder, Michael & Susan Source: CREV, County, Seller Unpaid Specials: None reported Terms: Market Date of Sale: 05/31 /2008 Price: $72,710 (see below for allocation) Utilities: Available Topography: Mostly level, rectangular Soil; Assumed average in upland areas. Recent sale of office building. Comments: $92,000 (assessed land value) / $310,000 (assessed total value) = 29.7% (assessor's ratio) x $245,000 (sale price) _ $72,710 (allocated land value) Unit Pri : $9x93 per SF Sales Comparison Approach -- continued Listed below is the adjustment grid for the comparables listed on the previous pages. Comparable items of significant difference are adjusted for on a per square foot basis. Land Comparison Grid........ SUBJECT COMP 1 COMP 2 COMP 3 Comp 4 Comp 5 Address 940 40th Avenue NE Columbia Heights 4707 Central Avenue NE Columbia Heights 2105 37th Avenue NE Columbia Heights 4423 Central Avenue NE Columbia Heights 4839 & 4849 University Ave N Columbia Heights 4025 West Broadway Robbinsdale Proximity Subject 1 mile N 1 mile SE 1/2 mile N 1 1/2 mile NW 4 112 miles SW Terms Cash Eq. Market Market Market Market Market Conditions Typical Typical Typical Typical Typical Typical Sale Date Current Oct-07 Jan-07 Aug-07 Jan-07 May-08 Location Average Good Average Average Average Average Zoning/Use Commercial Commercial Commercial Commercial Commercial Commercial Utilities Available Available Available Available Available Available Phys Char Average Average Average Average Average Average Sale Price N/A $1,400,000 $506,231 $148,880 $135,903 $72,710 Site Size (SF) Price/SF 16,614 90,605 $15.45 46,173 $10.96 19,602 $7.60 18,256 $7.44 7,321 $9.93. AO ' Terms Cash Eq. Conditions Typical Market Adj. Current 2`/~ 4 ~`~ 0~'U ~ ~° let Ad, ?~,~~ °"~~ v`;~ ff°° Effective $/SF $15.76 $11.51 $7.90 $7.82 $10.03 Location Average -20% Zoning/Use Commercial Utilities Available Phys Char Triangle -10% -10'/0 -10°la -"s0% - i0% Site Size (SF} 16,614 e -10~?~ - Adj/Unit $41.x3 $10.36.... $7.11 $7.03 '' $9.03 °5ugnt aeviations may exist uuc iu ~ uui.u...y. ~~ - _ ;The impact financing may have had on the sale price, favorable interest rate or term. All of the sales were cash or estimated to be near or at market rates. Reflects non-market conditions that may or may not impact the sale price, such as differing motivations of buyer or seller (related parties, distressed or liquidation sale, assemblage, listings, pending sales, etc.), impending eminent domain proceedings, influence due to tax ramifications or lack of market exposure. All comparables have normal conditions. 32 - - ,~ _~ .._ .., v~ .. Sales Comparison Approach -continued A time adjustment of 3% per is used to account for appreciation. This adjustment is based on the appraiser's judgment. It takes into consideration surrounding land uses, intended use, neighborhood characteristics, traffic, exposure and access. Comparable 1 is adjusted for superior frontage on a busy corner. ._ All comparables have similar zoning. All comparables have utilities available. °° - Rectangular sites are more desirable than triangular sites. All comparables are adjusted far having rectangular shapes. - Adjustments recognize smaller parcels of land typically sell for more per SF than larger sites. No adjustments needed far all comparables. C~..~ ~ a The comparables used are considered good indicators of value for the subject and are deemed to be the best of available data. Other sales considered were farther, needed more adjustment and/or were more dated. After adjustment, all of the sales are considered to provide a good indication of market value for the subject site. The sales have an indicated range of $7.82 to $12.61 per SF, with an average of $8.91 per SF. Therefore, taking into consideration the above discussion and the overall characteristics of the subject, a value of $9.00 per SF is concluded for the subject property. 16,614 SF x $9.00 per SF = $150,000 (rnd) A typical buyer for the subject would prefer land only, rather than the land with the plaza. Value in exchange is the land value less razing costs. Razing costs commonly range from $4 to $10 +per SF. Taking into consideration the concrete structure and close by building improvement to the east and west (3 sides), razing costs would likely be at the upper end of the range, or $10 per SF are considered appropriate. Estimate based on local razing costs and Marshall and Swift Cost Manual. Razing costs: 12,500 SF x $10.00 per SF = $125,000 $150,000 (land value) less $125,000 (razing costs) _ $25,000 -- 1 ...~ _ ~~~-~~:~~ 1 ,~ . ~ ~ .., ~ ~~ .,_.~, 33 Cost Approach -- continued Cost Approach to Value Tab{e GBA Multiplier 12,500 $44.00 Plaza $550,000 $550,000 Indirect Construction Costs 5% $27, 500 Entrepreneurial Profit 5% $27,500 $605,000 €~ _._ „_ ~iation s6c~i 32.E"~`~ X106,625 c iryct.Fca~~l ~`;°,l6 x.:02,500 t~i rl ~! ~ > E il°,/b ,p~0.2~0 p p ^ y ~ 0..a~d r'~L @ $529,375 Depreciated Cost of Improvements $75,625 Site Improvements $20,000 Land Value $150,000 'V~LIJE $245,625 VALI~Em/SF $19.60' Qepreciation Physical depreciation is based on Age/Life Method Physical: (13 effective/40 economic = 32.5%) High functional depreciation noted due to the very limited number of Functional: potential bu ers, main) the nei hborin buildin . External: Low -Cost and value are not presently equal in the market. Cost estimate is based on Local Builders and Marshall & Swift Average Source: Quality Class B Parking Structure, Section 14, Page 34 (calculator method) aiue in use recor~ies the asi~oinin hand property is likely the €~nly potential user of ~ia~alrive thrc~~€h property. I~'E CtFIII~" - 'o C S~` APPIQACF{ (value in l.Ise): 245,09 34 REC©NCILIATION Cost Approach (Value in Use Land & Plaza) $245,000 Cost Approach (Value in Exchange Land ®nly) $150,000 (Less Razing Cost of Plaza) ~P (Net land value) $25,000 Income Approach (Leased Fee) $13.00 Sales Comparison Approach Not Applied In the to value, the appraiser estimated the replacement value of the subject improvements as of the date of the appraisal. This value indicates the cost as if built today, plus the derived site value, less estimates for depreciation from any and all causes. The market value of the site was derived utilizing a direct comparison approach as if the parcel was vacant. The ~ to value is not applicable in this situation. Because the subject is currently leased, an income value is given. The ~ is not considered appropriate due to the limited data of building improvements similar to the subject. Very limited sales data renders the Sales Comparison Approach an unreliable indicator of value. °~ws~o~~o Based on the proceeding data there is a significant difference between the Cost and the Income Approaches. This is not uncommon when a public agency is involved in a lease situation as there can be numerous programs and/or incentives available. Logical thinking would be that the bank property owner would not purchase the subject given the current lease structure when compared to be overall property value. However, if the bank owner purchases the plaza property they would gain control of the overall property and therefore could have many more use/building options available in the future (including redoing the siding of the existing bank building), which is what the city and bank building owner are proposing). Due to the unique property use and lease situation there are three values provided in this report. ,~ F V UE t USE (FEE ~ :, : ~E): $245,000 LEAF ~ $~ 3.a ~ :~ VALUE l A ~ ~I°E l PLE)p $25,000 Final Value reflects market exposure time of under 1 year before effective date of appraisal. Changes in the market, management and/or the building subsequent to the effective appraisal date could impact the market value of the property. - ~ ~~,- ,, .~in~~c ~ ~,::,~~, 35 TYPE AND DEFINITION OF VALUE This report provides an opinion of market value. '~'x~°T ALUF -The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (A) buyer and seller are typically motivated; (8) both parties are well informed or well advised, and each acting in what They consider their own best interest; (C) a reasonab/e time is allowed for exposure in the open market; (D) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable therefor and (E) the price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ATIOt ~- The general process of separating value between the component parts of a property. A method of estimating land value in which sales of improved properties are analyzed to establish a typical ratio of land value to total property value and this ratio is applied to the property being appraised or the comparable sale being analyzed. "' ~ m °° `~F`s:~r~~a~~~~~ ~~~°~a' ~.,~en:~~, a ~~€~r~~ ~'~~a~a:?> ~~~rae~~l ~ff,s~~~€~~e, - The value a specific property has to a specific person or specific firm as opposed to the value of persons or the market in general. Special-purpose properties such as churches, schools, and public buildings, which are seldom bought and sold in the open market, can be valued on the basis of value in use. The value in use to a specific person may include a sentimental value component. The value in use to a specific firm may be the value of the plant as part of an integrated multi-plant operation. .. ~, '~ e - __. -_ _ _ ,.. ... r,. ~J ~. -- In economics, the attribution of value to goods or services based on how much can beobtained for them in exchange for other goods and services. Market value as an appraisal concept is a type of exchange value. ENVIRONMENTAL & BUILDING CONDITIONS Regarding any adverse environmental and/or improvement structural conditions (such as, but not limited to, hazardous wastes, toxic substances, mold, construction defects or inadequacies etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property, none are apparent, however, appraiser is not an expert in this field, value assumes no hazardous or significant structural conditions exist. Value assumes any abandoned wells will be properly sealed. If any of these conditions exist the appraised value could differ significantly. EXTRAORDINARY ASSUMPTIONS OR HYPOTHETICAL CONDITIONS 6 , ~. Exraaretir~ar~ Assc~sti~r~m An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions of conclusions. Cost of removing plaza structure to a vacant site is not based on a formal estimate, actual costs from competitive contactors could vary. If costs are found to be different, value could change. No other extraordinary assumptions conditions were made in this appraisal report. HyPotl~etial Oor~it~e That which is contrary to what exists but is supposed for the purpose of analysis. No hypothetical conditions were made in this appraisal report. ASSUMPTIONS AND LIMITING GONt31TIONS 1. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership and good management. 2. The furnished legal description is assumed to be correct. 3. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The appraiser has made no survey of the property. It is assumed unless otherwise noted that no survey has been viewed and that all improvements are located within the legally described property. 4. The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 5. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 6. The appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraiser assumes no responsibility for such conditions, or for engineering, which might be required to discover such factors. 7. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, radon gas, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 8. Information, estimates, and opinions furnished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser can be assumed by the appraiser. 9. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the appraiser is affiliated. Assumptions and Limiting Conditions -continued No part of the contents of this report, or copy thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the appraiser is connected), shall be disseminated to the public through advertising, public relations, news, sales, or any other public means of communications without the prior written consent and approval of the appraiser. 10. The appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation far it, is contingent upon the appraised value of the property. The appraiser has no personal interest or bias with respect to the parties involved. 11. The appraiser has personally inspected the subject site. To the best of the appraiser's knowledge and belief, all statements and information in this report are true and correct, and the appraiser has not knowingly withheld any significant information. 12. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 13. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. I have not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the properly. Since I have no direct evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. 14. As of the date of this report, William R. Waytas has completed the requirements of the continuing education program of the Appraisal Institute. 15. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representative. 16. To the best of my knowledge and belief, the reported analysis, opinions, and conclusions were developed, and this report was prepared in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. i r 39 CERTIFICATI©t~ l c. ~° that, to the best of €~ny kr~owlede and belief 1) The statements of fact contained in this report are true and correct. 2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analysis, opinions, and conclusions. 3) I have no (or specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the parties involved. 4) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5) My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6) My compensation for completing this assignment is not contingent upon the development or reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7) My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8) For William R. Waytas, the reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the requirements of the AppraisaP institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, which includes the Uniform Standards of Appraisal Practice. 9) William R. Waytas has made a personal inspection of the property that is the subject of this report. Andrew M. Thompson did not inspect the subject property. (If more than one person signs the report, this certification must clearly specify which individuals did and which individuals did not make a personal inspection of the appraisal property). 10) No one provided significant professional assistance to the person signing this report. (If there are exceptions, the name of each individual providing significant professional assistance must be stated.) 11) In accordance with the competency provision of the USPAP, we have verified that our knowledge, experience and education are sufficient to allow us to competently complete this appraisal. See attached qualifications. 12) As of the date of this report, William R. Waytas had completed the requirements of the continuing education program of the Appraisal Institute. 13) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representative~,~'' ~~ ~'% _ ~ f`~ ,~ ,~~. --~-~ ~~ ~`" w ,~ Andrew M. Thom son illiam R. Waytas, Sr~c, CRP p Certified General M `4000813 Appraiser MN 20620004 Date: Date:10f0762008 I- CURRICULUM VITAE _. Presently and since 1985, °'~ has been employed as a full time real estate appraiser. Currently a partner and President of the Nagell Appraisal & Consulting, an independent appraisal firm (8 appraisers) who annually prepare 1,500 +/- appraisal reports of all types. Mr. Waytas was employed with Iver C. Johnson & Company, Ltd., Phoenix, AZ from 1985 to 1987. Commercial -low and high-density multi-family, retail, office, industrial, restaurant, church, strip-mall, fast-food, convenience stores, auto-service and repair, hotel, hotel water park, bed & breakfast, cinema, marina, numerous special use properties, and subdivision analysis. Residential -single-family residences, hobby farms, Lakeshore, condominiums, townhouses, REO and land. Eminent i3omain -extensive partial and total acquisition appraisal services provided to numerous governmental agencies and private owners. Special Assessment - numerous street improvement and utilities projects for both governmental and private owners. Revie~nr -residential, commercial and land development. Clients - served include banks, savings and loan associations, trust companies, corporations, governmental bodies, relocation companies, attorneys, REO companies, accountants and private individuals. Area of Service -most appraisal experience is in the greater/metro area (typically an hour from downtown metro) of Minneapolis/St. Paul, MN. Numerous assignment throughout Minnesota. License: Certified General Real Property Appraiser, MN License #4000813. Appraisal Institute: SRA, Senior Residential Appraiser Designation, General Associate Member Employee Relocation Council: CRP Certified Relocation Professional Designation. International Right-Of-Way Association: Member HUD/FHA: On Lender Selection Roster and Review Appraiser DNR: Approved appraiser for Department of Natural Resources -- Court, deposition, commission, arbitration & administrative testimony given. -- Court appointed in Wright County. - r~,7_~ ~a r ,~ 41 Qualifications -continued -- President of Metro/Minnesota Chapter, 2002, Appraisal Institute. -- Chairman of Residential Admissions, Metro/MN Chapter, AI. -- Chairman Residential Candidate Guidance, Metro/Minnesota Chapter, AI. -- Elm Creek Watershed Commission, Medina representative 3 years. -- Graduate of Bemidji State University, Minnesota. B.S. degree in Bus. Ad. -- During college, summer employment in building trades (residential and commercial). -- Graduate of Cecil Lawter Real Estate School. Past Arizona Real Estate License. General & Professional Practice Courses ~ Seminars -- Course 101-Introduction to Appraising Real Property. -- Numerous Standards of Professional Practice Seminar. -- Fair Lending Seminar. -- Eminent Domain & Condemnation Appraising. -- Eminent Domain (An In-Depth Analysis) -- Property Tax Appeal -- Eminent Domain -- Business Practices and Ethics -- Scope of Work -- Construction Disturbances and Temporary Loss of Going Concern -- Yellow Book Seminar (Uniform Appraisal Standards for Federal Land Acquisitions) Commercial/Industrial/Subdivision Courses & Seminars -- Capitalization Theory & Techniques -- Highest & Best Use Seminar -- General & Residential State Certification Review Seminar -- Subdivision Analysis Seminar. -- Narrative Report Writing Seminar (general) -- Advanced Income Capitalization Seminar -- Advanced Industrial Valuation -- Appraisal of Local Retail Properties -- Appraising Convenience Stores -- Analyzing Distressed Real Estate -- Evaluating Commercial Construction -- Partial Interest Valuation Divided (Conservation Easements, Historic Preservation Easements, Life Estates, SubsurFace Rights, Access Easements, Air Rights, Water Rights, Transferable Development Rights) Residential Courses & Seminars -- Course 102-Applied Residential Appraising -- Narrative Report Writing Seminar (residential) -- HUD Training session local office for FHA appraisals -- Familiar with HUD Handbook 4150.1 REV-1 & other material from local FHA office. -- Appraiser/Underwriter FHA Training -- Residential Property Construction and Inspection -- Numerous other continuing education seminars for state licensing & AI CURRICULUM VITAE Presently u~ ~~~~ .~~:~ x ~ ~.,~~~ is employed as a full time real estate appraiser. Currently a staff appraiser at Nagell Appraisal & Consulting, an independent appraisal firm (10 employees) who annually prepares 1,500 +/- appraisal reports of all types. • Commercial • Residential • Industrial • Special Purpose • Eminent Domain t.°-- 61° He~d~ • Minnesota Trainee Real Property Appraiser • License #20620004 • Graduate of St G!oud State University, St Cloud, MN. Bachelors of Science (B.S.) Degree in Real Estate • Prosource Educational Services Appraisal 105 ~ .e~ - -- -- - - - - ~-per~enoe • Twin Cities Metro Area Stearns County • Cass County Crow Wing County • Chisago County Itasca County • Carlton County St. Louis County • Kandiyohi County Olmsted County • Blue Earth County Steele County • Cook County Faribault County • Fillmore County Wabasha County • Waseca County Nobles County • Dodge County Houston County • Mahnomen County Pine County • Sherburne County Beltrami County • Clearwater County Roseau County • Clay County Douglas County • Wright County Carver County • Sibley County Becker County A ~ .~ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: November 24, 2008 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVA ITEM: Approval of a Minor Subdivision for BY: Jeff Sargent, City Planner BY: ~° property at 950 - 40t" Avenue NE. DATE: November 17, 2008 BACKGROUND: At this time, 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. RECOMMENDATION: The Planning Commission reviewed this application at the November 5, 2008 Planning and Zoning Meeting and recommended approval with a 4-0 vote. RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-283, there being ample copies available to the public. Move to adopt Resolution No.2008-283, approving a Minor Subdivision of the property located at 950 40t" Avenue, subject to the conditions outlined in Resolution No. 2008-283. Attachments: Kesolution lUU~-Zt~.i; 1'+L Memo; Location COUNCIL ACTION: 162 RESOLUTION N0.2008-283 RESOLUTION APPROVING A AHrIOR 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`h 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. VVHEItEAS, 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: 1. 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. 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. l 14. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. 163 Resolution No. 2008-283 CONDITIONS: 2 l . 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 $1,500, due at the time of the recording of the minor subdivision with Anoka County. Passed this 24`" day of November 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 164 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-1101 DATE: November 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 950 - 40th Avenue NE REQUEST: Lot Split PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting a minor subdivision (lot split) for the property located at 950 - 40tt' 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. City of Columbia Heights Planning Commission November 5, 2008 City of Columbia Heights -Lot Split Case # 2008-1101 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 the subdivision with Anoka County. 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) 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. 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 40th 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. Page 2 166 City of Columbia Heights Planning Commission November 5, 2008 City of Columbia Heights -Lot Split Case # 2008-1101 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 9.114a Section 9.114 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. RECOMMENDED MOTIONS Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 950 - 40th Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. 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 $1,500, due at the time of the recording of the minor subdivision with Anoka County. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ SUNey Page 3 167 950 - 40°TH A1/E N U E N 900 900 co 0o m N ,'g, ~ ro ° O O o "' ° `_ 4111 CMj Q~ 0~1 O'~ 0/ O1 01 o r O `~ `~ `~ r ~ r r r 4110 rn tO m 1011 ~ 0 999 uNlTS. 10t-125,201-225, 30t-325 pa wa sn m~ o 4111 UNITS. 101-124, 201-224, 301-324 eas aea ats ma eet d. nt °°°°°~ AVE F- 14030 Z 820 m 838 ~ M 00 3982 3975 3976 900 3970 3973 3968 3967 3970 3963 3964 9 3960 3959 3962 3961 7 3956 3955 3956 3957 3952 3953 3951 3 3948 3949 3946 3947 3 3944 3943 3942 3943 9 3938 3938 3939 5 3934 3935 3934 3935 1 3930 3931 3930 3931 4141 t~0' saaaam 1~ ~ 4101 41ST 838 4057 4056 4054 ~ 4053 4054 4047 (/} 4049 4045 4048 4041 4040 4040 4001 4032 N 4030 4026 ~ 4024 4022 z LLJ 4020 4018 ~ 4012 = 4016 W 831 843 Q 4000 ~.L ` •, iv~SE ~ looo _ UNITS. ~~~ ~-~~ 101-t 20. 201-220,301-320 rn m rn 965 F o f o l o l °I °I r 950 3983 ~ ~ ~ Of O M r h r Q1 r N N t~ N r M N- M M 0 Jn 0 Of 0 M r fg ~ ~ O O O O r O r O O O O O O r r ` ~ r GOULD 3 a N N O O et 00 N tD N 111 O r r N N N M M D ~9 0 0 0 0 0 0 0 0 r, 3951 r `" " ~ `~ r r r (~ u'9 ~s ` ~ o ~ ~ a ' a9 , oy W o o 0 0 g ~,9 ~'p 3939 3940 ~ s d ~y ~~ ~9 6 ~~P 3923 °'~`' '' O`5 3918 I o ~ ~'9j? ~, 3915 3912 3919 I `x`90 "'•9 3911 3910 ~ ~ 8 `~`9i ~y M ~ 3900 '~° 3901 9 3900 9o~QS 3905909 s Location Map 168 LEGEND _ .__ _ ~ m..s.x.ew r.u,r w ® oe,x..rwm•~p g OE~SCNIPnoN Q ~ 40TH AYE.-NE I ,d„..r ~,:< gym,. ~,,,m ~,. ,d,:o :, m~:. x~,, r w.m.,.,n,.4,m.d rt d, v.,.,, x.,. «„w" rm .a.erm, N SB'Se7CE. ~amm~.rarnm rmnra at ,-+os SUm~raisr. 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( awxmreer: r wl-mxsr 6pNemN,y Pb.,o shy mFRA ._ IAeC0111M kW aon _ _ AnotlbN, NC r wnarro ®wmm~ r.r arw pomraxnmro•rrrrovn~ Client CITY DF COLUMBIA HEIGHTS, MN Project STADIUM VILLAGE PROPERTIES Location 3989 CENTRAL AVE NE wwmNUxwxn, mx c¢rzr H ^my0 . Nekon - ~ tt56 oa 1o/xe([Wr Summary k..y..N~ o...n "r. NPPnrN. x[w xeet{Ap'aeen5 Plu.e INxailam ur,: ewe Revision History x.. H.c Nr awmm.rrwrox. taH I trtsn I t ur SURVEY Sheet Numher Revision ./ ! J ~ 7° '. ~ ~ -, WS-. I Y. ~F(' ! ~ ~` r°' ..~ ~~ -..,.,,..~ _ M1 ,y. 5 f I,~"~ e !~ 'fit ~r,_-.'. (` I} n ~. ~~~~ ~ C' L .- yyT~ ~~,YC ~,~' .y F. _ ~~~ ~~a 1 _-3 _ N+"`F. -. ~ ~~ ..~ .-P - ,,:-~ Ji 1 170 ._. ~. ~a ~, , ~° , ~~ .--°~" ~ ~~, ~: ~~ ,„„"« ~ I. .....:--`-m"~ <~ ~' ar s ,.. ., - _ n~~eir ;t~ ~Px" ba...; m4~::d..:, p 171 i v, 3x ~, a'~i ~;s. yy ~.., .°:..;,-.....~e ...sex, ^.: ~,-, . A:::'v :'>' a~u,~_. -. .,...~. .. ..€: CITY COUNCIL LETTER Meeting of: 11(24/08 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AWARD OF 2008 SANITARY SEWER LINING BY: K. Hansen BY: ~,. TO INSITUFORM TECHNOLOGIES, PROJECT #0804 DATE: 11/19/08 DATE: ~ ~ Background: On May 27, 2008 City Council authorized staff to seek bids for our annual sanitary sewer lining program. This is an annual program to rehabilitate sections of sanitary sewer pipe that have been televised and found to be deteriorating, have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consists of lining the following segments: Line 30 L.F. of 10" CIP reduced to 303 L.F. of 8" VCP on Central Avenue, 43`d Avenue to 44`x' Avenue Line 294 L.F. of 8" VCP on 44`h Avenue, Central Avenue to Tyler Place Line 990 L.F. of 8" VCP on 45`'' Avenue, Tyler Street to Fillmore Street Line 952 L.F. of 8" VCP on Hayes Street, 37°i Avenue to 39`'' Avenue Line 330 L.F. of 8" VCP on Hayes Street, 39`'' Avenue to 40"' Avenue Line 580 L.F. of 8" VCP on 40`x' Avenue, Hayes Street to Arthur Street Line 512 L.F. of 8" VCP on Hart Boulevard, 37~' Avenue to 39~' Avenue Plans and specifications were advertised. for bids in the Focus on October 30, 2008. Three contractors received copies of the bidding documents. Three bids were received and publicly read aloud at the November 20, 2008 bid opening. A copy of the minutes is attached. Analysis/Conclusions: Insihtform Technologies submitted the low bid in the amount of $99,076.00. The Engineer's Estimate was $]27,500. The Public Works sanitary sewer construction budgeted $125,000 in 2008 for sanitary sewer lining. Recommended Motion: Move to waive the reading of Resolution No. 2008-282, there being ample copies available to the public. Recommended Motion: Move to approve Resolution No. 2008-282, accepting bids and awarding the 2008 Sanitary Sewer Lining Project #0804 to Insituform Technologies USA, Inc. of Chesterfield, Missouri, based upon their low, qualified, responsible bid in the amount of $ 99,076.00 with funds to be appropriated from Fund 652-50804-51.85; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:cb Attachment: Bid Opening Minutes Resolution 2008-282 COUNCIL ACTION: RESOLUTION NO. 2008-282 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 SANITARY AND STORM SEWER LINING CITY PROJECT NO. #0804 TO INSITUFORM TECHNOLOGIES USA, INC. WHEREAS, pursuant to an advertisement for bids for City Project # 0804, Sanitary Sewer Lining bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder T(~TAi , Insituform Technologies USA, Inc. $ 99,076.00 Visu-Sewer Clean & Seal Inc. $1.07,263.75 Lametti & Sons, Inc. $143,790.00 WHEREAS, it appears that Insituform Technologies USA, Inc. of Chesterfield, MO 63005 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Insituform Technologies USA, Inc. in the name of the City of Columbia Heights, for the 2008 Sanitary Sewer Lining, City Project #0804, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0804 shall be funded from the Sanitary Sewer Construction Fund. Passed this 24t" day of November, 2008 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 173 CITY OF COLL.IMBIA HEIGHTS Minutes of Bid Opening on Thursday, November 20, 2008 2008 Sanitary and Storm Sewer Lining Project #804 Pursuant to an advertisement for bids for Sanitary and Stonn Sewer Lining, an administrative meeting was held on November 20, 2008 at 11:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kathy Young, Public Works Assistant City Engineer Sills were opened and read aloud as follows: Bidder Total: Insittiform Tecluiologies USA, Inc. $ 99,076.00 Visu-Sewer Clean & Seal, Inc. $107,263.75 Lametti & Sons $143,790.00 Respectfully submitted, ~'/ VV~./ V~~~~~ Carol Broennann Public Works Secretary G:\Pw\Projects\2008\0804 e Sanitary Sewer Lining\Bids\Bid Opening Minutes.doc 174 ~t-~.~t- ( ~_ November 24, 2008 Dear Columbia Heights Mayor and Councilmembers, North Metro REALTORS® Association is a trade association made up of more than 2,200 members working in all aspects of the real estate industry. Association members live and work throughout the north metro area, including many in the City of Columbia Heights. The purpose of this letter is to comment on city proposed Ordinance 1559; amending Ordinance No. 1490 of the City Code of 2005 adding language to specifically address the occupancy status of abandoned property. However, before commenting on the proposed ordinance there is good news to share. Cohunbia Heights has now eclipsed the number of sales from one year ago. In 2007 the City of Columbia Heights had 209 closed sales all year compared to 239 closed sales this year ending October 2008. October was particularly good for the city of Columbia of Heights in terms of # of closed sales (25). A quick check of the MLS shows at the moment you have (143) active listings and (24) pendings, which will likely increase the total number of closed properties in 2008. Of course, the 2008 average sales price of $144,000 is less than recent years and as a percentage is down 22% but comparable with other metro area cities. Given the uptick in sales activity and downward price-pressure we feel consumer demand and affordability will likely increase. Furthermore, we are encouraged by assistance the city will likely receive from the Federal Neighborhood Stabilization funds. Positive sales data and new federal assistance both bode very well for the city. In short, Columbia Heights maybe in good position to continue to attract new residents. North Metro REALTORS® Association and its Government Affairs group supports the city proposed abandon property ordinance under two conditions. First, it does not inhibit the sale or conveyance of property, necessary to the city's revitalization. Second, it remains focused on abandoned properties only, as we believe residents have spoken on efforts to apply similar language to all residential properties prior to sale. Finally, we would ask the city when in the course of identifying property as "abandoned" an attempt to notify the REALTOR® be made, if possible. In summary, North Metro REALTORS® Association is pleased with current sales activity, encouraged by the prospect of new federal assistance, and supports the proposed targeted abandoned property ordinance. This combined with a continued emphasis on highlighting the positive attributes, the City of Columbia Heights has to offer, will only enhance its attractiveness to new residents. Sincerely, uric J. yers Government Affairs Director North Metro REALTORS® Association p. 763-757-7230 c. 651-329-7024 e. eric(c~northmetra.cam ...Improving Business, Building Community ~;.~ ...- ~.: i, .5543 .. _ ~- ~a_c:~~~. ~''~. ,~ ~ 404A Saint Croix Trail North Lakeland, Minnesota 55043 Phone: 651-436-2426 1821 University Avenue Suite 204-S St. Paul, Minnesota 55104 • Phone: 651-998-0332 Fax: 651-436-3918 e-mail: info@edsbuilders.com www.edsbuilders.com November 21, 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 footing and column pads are complete. The basement steel will be installed the week of November 24, 2008. The first floor precast will start to be installed the week of November 24, 2008. Update on Budget: See attached. Major Changes: TENTATIVE BID PACKAGE 3 BIDDING SCHEDULE 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 Tiie 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 Page 7 812 cH-P3H 2DOe-2 oaat,er s l _ooa PROJECT NAME: COLUMBIA HEIGHTS PVHLIC SAFETY BVILD[NG E D 5 BUILDERS, INC. CM APPLICATION SUMMARY I ITEM I I I NO./ I DESCRIPTION OF WORK I 1 B[D I ( I NO I ( I -__--------._._.___- -- _____________--_-.---__-_----. I 1 REIMBURSABLES I (2008-2 I -_---.--_--._--_ I I 1 I I 1070 I SURVE}'OR - KEMPER & ASSOCIATES I I 1c~71 I PRELIMINARY PLAT -Kemper I I Contract 1420 I TESTING LABORATORY I I Contract 1x21 I CONCRETE TESTING-BRAUN I I 1510 I OFFICE EXPENSES I I 1515 I PkINTiNG I I PO 12000-010 1515 I PRINTING -ERS I I PO 12000.010 1515 I PRINTING -ERS I I ISIS I PRIMfING - Ptvfholders Checks I I 1522 I TEMPORARY POWEk & HOOti UP I I PO 42000-006 152 I TEMPORARY POWER HOOK UP-Short: I I IS24 ITEMPrJkpRY HEAT I I iS25 (TEMPORARY TELEPHONE I I IS^_6 I TEMPORARY WATER I I 1527 ITEAIPORARY TOILET I I PO 12000-OOR 152. I TEMPORARY TOILET - Jimmy s Jahnn I I 1530 I F'OS'fAGE ANU DELIVERY I I 1531 IPkOCRESS PHOTOS ( I 1540 I BARRICADES AND PROTECTION I I 1570 (SNOW REMOVAL 1 I 1590 (PROJECT SIGN I I 1600 (SECURITY-VARDA ( I PO 42000-009 160C I SECURITY - Karas Technical Services I I 1610 (EQUIPMENT COST I ( 1636 (EQUIPMENT fOBT-JOB TkAILEk I ( PO 1?000-807 163E 1 JOB TkAILER -Hilltop Trailer Sales I I 1640 I TRUCK AND HAUL I I 1720 (CLEAN CIP JOB I I 1730 I FINAL CLEAN UP I I 1710 I DUMPSTERS I I 1800 (W'INTER PROTECTION MASONRY I I I I I I DIRECT COSTS I I I '-""-_---_-_- i ( (ARCHITECTS FEE-BUETOW I ( IARCHLCECT-BUETOW REIMBURSABL:I I 1 C. M. FEE-E D S BUILDERS I ( (PROF SERV t¢ LEGAL & FISCAL. I I (BOND COST I ( (ADVERTISMG-PROPERTY I I (SAC & WAC I I (STATE SURCHAkGE I I IHUILDERS RISK INSURANCE I I I BUILDING PERMIT (LJBCI-HY OWNER I I I CONSTRUCTION CONTRACT -PERMIT I ( I PLAN CHECK FEE I I (PRE-CONSTRUCTNNTESTMC. ( I IFFB;E I I ICOA1PUTL•RS I I I PROPERT}' ACQUISITION FEE I I I INTEREST ON INVESTMENT I I I PLAN DEPOSITS I I (GEOTHERMAL I I (DATA/TECH{PHC I I I FIBER OPTICS I I I I I I I I ----------------- I ---------------° I I I3UHTOTAL-REiMH1JRSAHLES/DIREC' I I I -.-_-.-. I I I CONSTRUCTION CONTINGENCY I I I __-_._______ I I I I ( I BiU PACIi.AGE 3 CONTRACTORS I I ( TRADE CONTRACTORS I I I I (CHI-0?-I (EARTHWORK, ETC.-Landwehr I I CHI-02-2 (ASPHALTIC PAVING -Bit Roadways I i I 1 I ORIGINAL I CHANGE ORDEF I CONTRACT ( 8; REVISIONS I I ( s,ooo.oo j 4 _0800 I 20,000.00 I 10,000.00 I 20,000.00 la,ooo.oo I 13 099.71 I 1,000.00 3,131.58 I 8, r^68.65 I ( 11,000.001 33,845.00 I 2,155.00 I 49,800.00 I 7,800.00 I 1 _00.00 I 2,511.77 ( 3,9R5.23 I 2,000.00 I 1,300.00 I 13,000.00 I 2,000.00 I 1,500.00 I 102.00 I 4,598.00 I 3,500.00 I 461.05 I 3,835.95 I 700.00 I 23,200.00 ( 13,900.00 I 32,100.00 I '?8,500.00 I 1 I i 64 9, 250.00 I 11, 588.75 20,000.00 I 329,000.00 ( I 108,800.00 I I 600.00 I 3,900.00 I 28,000.00 I 0.00 I I i i 700,000.00 I I ( I I 300,OOO.GO I 600,000.00 I 17,000,00 I I I -------------- I --- 3,083,050.00 I -------~'-----~-- 41,'.88.75 I 614,437.00 I I 141,588.7 51 5,136,880.00 I I I 729,000.00 I 137,500.00 I APPLCATION A 2008 2 APPLIC. DATE PERIOD FROM: TO: I PREVIOUS WORK COMPLETED REVISED I "COMPLETED _ _ CONTRACT I & STORED I WORK I STORED AMOUNT ( I TO DATE" I I IN PLACE I MATERIALS I i I 5,000.00 I I I I I I I 4,2 00.00 I 3,510.00 I 690.00 I 30,000.00 I 1,670.75 I 7,946. t3 I 20,000.00 ( I I 11,000.00 I 3,996.27 I 1,060.56 I 11,099.77 I 292.60 I I 3,131.58 ( 3,131.58 I ( 8,768.65 I I 8, i 68.65 I (1.000.001 ( I I 33,845.00 ( 1,364.00 I ( 2,155.00 I 2,155.00 ( 198.87 I 49,800.00 I I ( 7,800.00 I 711.67 ( 100.00 I 1,200.00 I ( -16.56 I 2,511.7 7 ( ( ( 3,985.23 I 128.42 I 159.56 ( 2,000.00 I 71.59 I 57.13 ( 1,300.00 I ( 153.15 I 13,000.00 I 613.61 ( 315.70 I 2,000.00 I ( I 1,500.00 I 1,337.79 ( ( 102.00 I 4.50 I ( 1,598.00 I 1,598.00 ( I 3,500.00 I 1,259.07 I 100.00 I 164.05 I I I 3,835.95 I 1,371.58 ( 298.20 I 700.00 ( 335.00 I I 23,200.00 I I I 13,900.00 I I ( 32,100.00 I ( I 2asoo.oo I I I fi60,638.75 I 20,000.00 I 329,000.00 I 0.00 ( 108,800.00 ( 0.00 I 600.00 ( 3,900.00 I 28,000.00 I 0.00 I 0.00 I 0.00 ( O.OU I 700,000.00 I 0.00 I 0.00 I 0.00 I 0.00 I 300,000.00 I 600,000.00 1 47,000.00 ( 0.00 I 487,183.75 6,387.80 73,120.27 10,223.00 ', 3,124,638.75 I 603,112.25 i I ~, 572,848.25 I I I I ',, 5,136,680.00 I I I ", 729,000.00 I 263,950.00 "~. 137,500.00 I I I I I I i I I I 2,725.56 I I 20 _47.27 I I I I I i I I I I I I I I I I I I i I I I I I I I I I I I ( I 1 I I ( ( I I i i i -------------- i --------------- I 42,867.34 I 0.00 I i I I I I I I ( I I ( I I I 274,765.00 I ( I B October 31,2008 October 1, 2008 October 31, 2008 TOTAL ( ( COMPLETED I '/ ( & STORED I I 70 DATE I ( I I I I 0.00 I 0.00 I 4,200.00 ( 1.00 I 9,616.88 I 0.32 I 0.00 I 0.00 I 5,056.83 I 0.36 I 292.60 I 0.0^_ I 3,131.58 I 1.00 I 8, i 68.ti5 I 1.00 I 0.00 ( 0.00 I 1,364.00 I 0.00 I 2,353.87 I 0.00 I 0.00 I 0.00 I 817.67 I 0.10 I 1fi.56 I 0.04 I O.UO I 0.00 I 287.98 I O.U7 I 128.72 I 0.06 I 153.15 I 0.12 I 929.37 I 0.07 I 0.00 I 0.00 I 1,337.79 I 0.89 I 4.50 I 0.01 I 1,598.00 I 1.00 I 1,359.07 I 0.39 I 0.00 I 0.00 I 1,609.78 ( 0.42 I 335.00 I 0.48 I 0.00 I 0.00 ( 0.00 I 0.00 ( 0.00 I 0.00 I I 1 I 1 I ( I I #VALUEI I ##qq## I 9,113.36 I 0.46 I 93,367.54 I 0.26 I 0.00 I qq#q M# I U.OU ( 0.00 I 0.00 (#q#qqA ( 0.00 ( O.DO I 0.00 ( I.OO ( 10 X23.00 I 0.00 I 0.00 I ##q### ( 0.00 I ##9999 I 0.00 I ##qq## 1 0.00 I O.oD ( O.OD ( 0.00 I 0.00 19999#q I O.OD (#qqq## I 0.00 I 0.00 I 0.00 I 0.00 I O.OD I 1.00 ( O.OD ( 0.00 I 0.00 I 0.00 I 0.00 I I - -- I I - - - I -------- I ----#VALUEI I q##NNq I I I 0.00 I 0.00 I I I I I 0.00 I 0.00 I I I I I 538,715.00 I 0.74 I 0.00 I 0.00 I HY: KATHY ALLEMAN EARL 1DOCI SMITH, P.E. i ( I TOl'AL I I BALANCE i RETAINAGE I TOTAL I COMPLETED I NET AMOUNT (LIEN TO FINISH (THIS PERIOD I RETAINAGE (LESS RETAINAGE I REQUESTED I WAVEF I I I I i 5,000.00 0.00 20,383.12 20,000.00 8,943.11 13,807.17 0.00 0.00 32,481.00 (198.87) 49,800.00 6,982.33 1,153.14 2,514,77 3,697.25 1,871.28 1,116.65 12,070.69 2,000.00 162.21 397.50 0.00 2,140.93 461.05 ^_,226.17 365.00 23,200.00 13,900.00 32,100.00 #VALUEI 10,886.69 235,632.46 0.00 108,800.00 0.00 600.00 3,900.00 77,777.00 0.00 0.00 0.00 0.00 700,000.00 0.00 o.oo 0.00 0.00 300,000.00 600,000,00 4 7 ,000. UO 0.00 gVALUEi I I ( I 572,848.00 ( ( I I I I 5,136,680.00 ( 1 I I I I 190,285.00 ( 13,738.25 I 26,935.75 137soo.oo I o.oo I o.oo I I I o.oD I I I I o.oo I 4 =00.00 I 690.00 I 9,616.88 I 1,946.13 I D.oo I o.oo I 5,056.83 I 1,060.56 I 292.60 I 0.00 I 3,131.58 I 0.00 I 8,768.65 I 8,7ti8.65 I 0.00 I 0.00 I 1,364.00 I 0.00 I 2,353.87 ( 198.87 I 0.00 I 0.00 I 817.67 ( 100.00 I 16.56 I 46.56 I D.oo I o.oo I 287.98 I 759.56 I 128.72 I 57.13 ( 153.15 I 153.75 I 929.31 I 315.70 I 0.00 I 0.00 I 1,337.79 ( 0.00 I 4so I o.DO I 4,598.00 ( 0.00 I 1,359.07 I 100.00 I o.oo I o.oo I 1,609.78 I 298.20 I 335.00 I 0.00 I o.oo I 0.00 ( 0.00 I 0.00 ( D.DO I I I o.oo I I i I I #VALUE! I I I gVAL.UEI I 9,113.36 I 2,%25.56 1 93,367.54 I 20,'14 i .27 I 0.00 I 0.00 ( o.DO I o.oo I o.oo I o.oo I o.oo I o.oo I 0.00 I 0.00 I 10,223.00 I 0.00 ( 0.00 I 0.00 I o.oc I o.oD I 0.00 I 0.00 I o.oo I o.oo I o.oo I o.oo I 0.00 I 0.00 ( D.oD I 0.00 I O.OU I 0.00 I 0.00 ( 0.00 ( 0.00 I 0.00 I 0.00 I 00 I 0 0.00 I 0 00 . D.oo I I . I o.oo I I --------------- I - #VALUEI I I I ( -------------- I ------ #VALUEI I I I i I I I I 511,779.25 I I I I i 261,026.75 ( 0.00 I 0.00 I Page 2 0/2 CH-PSB 2008-2 October 31,2008 APPLICATION #8 BY: KATHY ALLEMAN PROJECT NAME: COLUMBIA HEIGtiT9 PUBLIC SAFETY BUILDING 2008-2 gPPLIC. DATE October 31 :008 EARL IDOCI SMIT71, P.E. E D S BUILDERS, INC. PERIOD FROAi: Ocmber 1, 2008 CA7 APFLICATION SUMMARI' TO: October 37, 2008 I ITEM I I I NO./ I DESCRIPTION OF WORK ( I BID i I I N'~ I _-_-_------------- I I __- i CHI-03-1 __ ____-_----.-.-_----- ---___ -- I E}:T. CONCRETE -North Country I ICII2-03-I (CONCRETE-Steenberg-Watntd ( I CH2-03-2 I PRECAST- Moon I I CFI2-OS-i I STEEL, MlSC METALS - Berp,Sren I CH3-04-1 (MASONRI'- I i CH3-OS-I (M1SC h1ETAL/ORN METALS I I CE13-07-1 I ROOFING, S/M - I I CH3-OS-1 I APP/GARAGE/OFT DOORS I I CH3-08-2 I ALUA1 ENTRANCES/STOREFRO;7T I ( CH3-09-I I ROUGH/FINISH CARF, ETC. - I I CH3-09-2 I GYPSUM BOARD - I ( CH3-09-3 I CER4MIC & PORCELAIN TILE - I I CH3-09-4 (RESILIENT FLOORING/CARPET - I ( CH3-09-5 I SPECIALTY FLOORS - I I CH3-09-5 I ACOtISTICAI, CEILINGS - I I CH3-09-7 i PAINTING - i I CEi3-]4-1 IHYDRAVLIC ELEVATOR- I I CH3-15-1 I PLUMBING - I ICH3-15-2 IAIECHANICAL, T/C, BAL- I I CH3-15-3 I GEOTHERMAL- I I CH3-15-4 (FIRE PROTECTION - I I CH9-16-1 I ELECTRICAL, FIRE ALARM - I I CH3-]6-2 (SECURITI" - I I I VHF RADIO - I ( ( I FIRE RANGE EQUIPMENT - I ( i I -__---_--.--_---.___ I I----__- _ _____--_----------------___-___-___-_ -- I SUBTOTAL -.4LL BID PACS ( _________ --------------- --___-_-_-_-_---_ __ ( P[RCHASE ORDERS ( 42000-001 1070 I I I SURVEYOR - I:EMPER & ASSOCIATES I 12000-003 (PHASE 1-ALLPHASE COMPANIES I 42000-003 (GEO TECH -BRAUN INTERTEC ( 42000-003 - Rexmb I PRELIM PLAT - KEMPER 8s ASSOCIATI I 42000-005 (GEOTHERMAL TEST-MINERAL SERV I 42000-006 - keim I TEMP HOOKUP -SHORTSTOP ELECT( I 42000-007 -Reim I JOH TRAILER -HILLTOP TRAILER I 42000-008 -Reim I TEMP TOILETS -JIMMY'S JOHNNYS I 12000-009 - Re.m I SECURITY - 1v1R4S TECHNICAL SERV I 42000-010 -Reim I PRINTING - ERS ( i I I SUBTOTAL-PURCHASE ORDERS I I I__-__-__-_------_..---- I CONTRACT SUM I ----------------------___________---_------__ -_ I I I FREVIOUB WORTS COMPLETED I TOTAL I I I I REVISED I "COMPLETED _ _ I COMPLETED I i„ I ORIGINAL I CHANGE ORDEF I CONTRACT I & STORED ( WORT: I STORED I & STORED I I CONTRACT I & REVISIONS I AMOUNT I TO DATE" I IN PLACE I MATERIALS I TO DATE I I 299 =40.00 ( I 299,240.00 I I I ( 0.00 I O.UO I 805,200.00 I I 805,200.00 ( I 179; F85.00 I ( 119,485.00 ( 0.22 ( 335,795.00 I I 335,795.00 I I I I 0.00 ( 0.00 I 338,091.00 I I 338,091.00 ( I 15,500.00 I 63,580.00 I 79,080.00 I 0.23 I I I 0.00 I I i ( 0.00 I##kk#k I I I 0.00 1 I I I 0.00 I###### I I I 0.00 ( I I I 0.00 (###a#a ( ( I 0.00 I I I ( 0.00 I a#k### ( I I 0.00 I I I I 0.00 I kk##aa ( I i 0.00 i I I I 0.00 I###### I I i 0.00 I I I I 0.00 I###### ( I I o.oo I I I i 0.00 i #k#### I I I o.oo I I I I D.oo I a#aa## I I I 0.00 I I I I 0.00 I###### I I I 0.00 I I I I D.00 ( 0.00 ( i 0.00 I I I I 0.00 I #a##k# I I 1 0.00 I I I 1 0.00 I##a#a# I I i o.ao i i I I 0.00 I kak### I I I 0.00 I I i 1 0.00 I #a###a I I I 0.00 ( I I i 0.00 I #k#### I i 0.00 I i I I 0.00 I k#q### ( I I 0.00 I I I i 0.00 I###k## I I ( 0.00 I I I I 0.00 I###### I i I I I 1 I 0.00 I i I I I I I I i I 0.00 i####k# I i I 2,644,826.00 ( 0.00 I I I 2,644,826.00 ( I I I 263,950.00 I 469,150.00 I 63,580.00 ( I i I 797,280.00 ( 0.30 I I I 5,920.00 ( I I 5,920.00 I i 1 I I ( 5,920.00 I I ( I i I I 5,920.00 ( 1.00 ( 1,380.00 I ( 1,380.00 ( 1,380.00 I I I 1,380.00 I 1.00 ( 5,640.00 I I 5,640.00 I 5,640.00 I I ( 5,640.00 I I.OU ( 0.00 I I 0.00 I I I I 0.00 I #aa#a# ( 8,067.00 I I I I 8,057.00 I 0 00 ( 5, 349.00 I 694.50 I I i I 7,043.50 I 0.87 I i I , 0.00 I I I I i I I 1 i I I 0.00 I i i ( I I ( ( 0.00 I I I I i I I ( I i 0.00 I I i I I I I i I I I I .______---.---- -____--.- -- _ 21,007.00 I 0.00 I __-________________ __ __ 21,007.00 I _______-______ _I -_-__.___-__ _~ ____-____--_--- -_ - 19,289.00 694.50 0.00 ( _-___________ _' -___---. - 19,983.50 0.95 I 11,500,000.00 ( 0.00 I 11,500,000.00 I 886,653.25 I 513,311.84 I 63,580.00 I aVALUEI (#kk#k# ( I BALANCE I RETAINAGE TO FINISH 17HIS PERIOD ___------------ -I __________- _. 299,240.00 I 0.00 625,715.00 I 8,971.25 335,795,00 i 0.00 259,011.00 I 3,954.00 0.00 I 0.00 0.00 I 0.00 0.00 I 0.00 0.00 I 0.00 U.00 I 0.00 0.00 I 0.00 O.OU I 0.00 o.oo I o.oo o.oo I o.oD 0.00 I 0.00 0.00 I 0.00 0.00 I 0.00 0.00 I o.oo 0.00 I 0.00 0.00 I 0.00 0.00 ( 0.00 0.00 I 0.00 0.00 I 0.00 D.00 I 0.00 0.00 I 0.00 TOTAL RETAINAGE D.oo 8,974.25 0.00 3,95=4.00 0.00 o,oD 0.00 o.Do 0.00 0.00 0.00 D.oo 0.00 D.QO 0.00 0.00 o.oo 0.00 0.00 0.00 o.Do 0.00 0.00 0.00 TOTAL COMPLETED LEBS RETAINAGE o.no 170,510.75 0.00 75,126.00 0.00 o.oo 0.00 o.oD 0.00 0.00 0.00 o.oo o.oo 0.00 0.00 0.00 o.oo 0.00 0.00 0.00 o.oo 0.00 0.00 0.00 NET ADAOUNT REQUESTED o.oo 170,$10.75 0.00 75, 726.00 0.00 o.oo 0.00 o.oo o.oo D.UO 0.00 o.oo o.Do 0.00 o.oo 0.00 o.oo D.00 o.Do 0.00 o.oo 0.00 0.00 0.00 _ - LIEN ( WAVEF I ---_--- I I I I I I I I I I I I I i I 1 I I I I I I I I I 1,847,546.00 I 26,656.50 I 39,864.00 I 757 416.00 I 506,663.50 I 0.00 0.00 0.00 0.00 1,023.50 0.00 5,920.00 1,380.00 5;640.00 0.00 7,043.50 0.00 0.00 0.00 0.00 594.50 1, D 23.50 I 0.00 I 0.00 19, 983.50 I 694, 50 I #V.4LUE1 I 26,666.50 I 39,864.00 I aVALVEI i #\'ALUEI I R4ayor: Gary L. Peterson T T ~ ~ ~ ~ e . ~ ~ I ~ ~' ~ ~ ~~ ` U Councilmembers: Bruce Nawrocki Bobby Williams 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Wehsite at: www.ci.columbia-heights.mn.us Tarmnera Dielun Bruce Kelzenberg City ittanager: Walter R. Fehst COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 24, 2008 TO: Mayor and City Council Members FROM: Sheila Cartney, Assistant Community Development Director~j`'~(„~' RE: Vacant and Abandoned Property Ordinances neighboring Cities As requested at the November 10, 200$ City Council meeting, staff has researched a couple surrounding cities that have a Vacant and Abandoned Property Ordinance, this memo sulnnlarizes those ordinances, the ordinances are also attached. City of Mim~eapolis To declare a property a nuisance the properly has to be vacant and unoccupied for at least 6 months, or the building is unfit for occupancy which includes boarded up windows, far at least 60 days. If a property is declared a nuisance the Director of Inspections decides if the house is to be rehabilitated or demolished. Vacant buildings are required to be registered within 5 days of becoming vacant; the annual fee is $6,000. The owaler of the vacant property must present a plan to the Council to either rehab or demolish. All vacant buildings must be secured. City of Brooklyn Center Vacant buildings are to be registered within 30 days of becoming vacant. Each vacant property is to have an approved action plan. If a property is vacant for one year and does not have an action plan it is required to be demolished. All. vacant buildings must be secured. The fee for registration has not been set at the time of this memo. City of St. Paul Vacant building must be registered within 30 days of becoming vacant. Each vacant property is to slave an action plan indicating rehab, or demo. There is an annual registration of $1000. All vacant buildings must be secured. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Chapter 43. Vacant Buildings* Chapter 43. Vacant Buildings* Page 1 of 5 *Editor's note: Ord. No. 17862, adopted Aug. 13, 1991, amended Ch. 43 to read as herein set out. Prior to this amendment Ch. 43 pertained to similar subject matter and was derived from Ord. No. 17453, § 1, adopted March 21, 1987; Ord. No. 17489, §§ 1, 3, adopted Sept. 8, 1987. Sec. 43.01. Declaration of policy. The purpose of this chapter is to protect the public health, safety and welfare by enactment of this ordinance which: (1) Establishes a program for identification and registration of vacant buildings. (2) Determines the responsibilities of owners of vacant buildings and structures. (3) Provides for administration, enforcement and penalties. (Ord. No. 17862, § 1, 8-13-91) Sec. 43.02. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. (1) Dangerous structure: A structure which is potentially hazardous to persons or property, including, but not limited to: a. A structure which is in danger of partial or complete collapse; b. A structure with any exterior parts which are loose or in danger of falling; or c. A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, which are accessible and which are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads. (2) Enforcement officer.' The director of the department of safety and inspections, or duly authorized representative. (3) Owner. Those shown to be the owner or owners on the records of the Ramsey County Department of Property Taxation, those identified as the owner or owners on a vacant building registration form, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trUStee, lessee, other person; firm or corporation in control of the freehold of the premises or lesser state therein. Any such person shall have a joint and several obligation for compliance with the provisions of this chapter. (4) Secured by other than normal means: A building secured by means other than those used in the design of the building. (5) Unoccupied: A building which is not being used for a legal occupancy as defined in the Saint Paul Legislative Code. http://library4.municode.com/4472/DocView/10061/1/56/68 11/24/2008 Chapter 43. Vacant Buildings* Page 2 of 5 (6) Unsecured: A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders. (7) Vacant building; categorical classification standards: A building or portion of a building which is: a. Unoccupied and unsecured. A building or portion of a building meeting this definition is deemed a category I building. b. Unoccupied and secured by other than normal means. A building or portion of a building meeting this definition is deemed a category I building. c. Unoccupied and a dangerous structure. A building or portion of a building meeting this definition is deemed a category III building. d. Unoccupied and condemned. A building or portion of a building meeting this definition is deemed a category II building. e. Unoccupied and has multiple housing or building code violations. A building or portion of a building meeting this definition is deemed a category II building. f. Condemned and illegally occupied. A building or portion of a building meeting this definition is deemed a category II building. g. Unoccupied for a period of time over three hundred sixty-five (365} days and during which time the enforcement officer has issued an order to correct nuisance conditions. A building or portion of a building meeting this definition is deemed a category I building. For the purpose of regulating vacant buildings, the following additional categorical standards may also apply: Any category I building or portion thereof may be deemed a category II building where the building or portion thereof would also meet the combination of any two (2) category I classifications standards under this section. Any category I building or portion thereof may be deemed a category II building where the building or portion thereof also meets the definition of a vacant building under subdivision (7)(b) of this section or is unoccupied and has, for a period greater than thirty (30} days, no more than one (1) boarded window. Any category II building or portion thereof may be deemed a category III building where the building or portion thereof also meets the definition of a nuisance building under chapter 45.02 of this code or has been a category II vacant building for more than twenty-four (24) consecutive months. For the purpose of computing the number of months under this paragraph, the calculation shall commence as of the date the subject building becomes a vacant building as defined under section 43.02(7)a., b. and d.--g. No deferment, or any appeal filed with the legislative enforcement officer, regarding any enforcement action or order, shall serve to stay the computation of the number of months under this paragraph. (8} Code violations: violations of any code adopted and/or enforce by the city, which may include but not be limited to the St. Paul Legislative Code, codes covering plumbing, electrical, mechanical or building construction, installation or maintenance standards, zoning or fire codes. (Ord. No. 17862, § 1, 8-13-91; C.F. No. 97-91, § 1, 3-5-97; C. F. No. 99-751, § 1, 9-1-99; C.F. No. 03- 887, § 4, 11-5-03; C.F. No. 05-399, 5-25-05; C. F. No. 07-149, § 12, 3-28-07; C.F. No. 08-552, § 1, 6- 18-08) http://library4.m1u1icode.com/4472/DocView/10061/1/56/68 11/24/2008 Chapter 43. vacant Buildings* Page 3 of 5 Sec. 43.43. Vacant building registration. (a) The owner shall register with the enforcement officer not later than thirty (30} days after any building in the city becomes a vacant building, as defined in section 43.02(7). (b) The registration shall be submitted on forms provided by the enforcement officer 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 all 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 use and/or for demolition of the building. (5} A copy of any current Truth-in-Sale of Housing Disclosure Report as required by Saint Paul Legislative Code Chapter 189. (c) The owner shall submit a plan and timetable which must meet the approval of the enforcement officer. The enforcement officer shall require completion of the plan within a reasonable period of time, up to three hundred sixty-five (365) days. The plan submitted shall comply with the provision of Chapter 33 of the Saint Paul Legislative Code. Any repairs, improvements or alterations to the property must comply with any applicable housing or building codes. (d} All applicable laws and codes shall be complied with by the owner. The owner shall notify the enforcement officer 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 enforcement officer. (e) The owner and the subsequent owners shall keep the building secured and safe and the building and ground 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 a summary 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 or re-register the vacant building with the enforcement officer 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 enforcement officer. (h) Vacant building fees: (1) The owner of a vacant building shat{ pay an annual registration fee of one thousand dollars ($1,000.00) each year the building remains a vacant building. The registration fee is intended to at least partially recoup, and shall be reasonably related to the administrative costs for registering and processing the vacant building owner registration form and for the costs of the city in monitoring the vacant building site. (2) The first annual fee shall be paid no later than thirty (30) days after the building becomes vacant. If the fee is not paid within thirty (30) days of being due, the owner shall be subject to prosecution as prescribed in section 43.05. http://library4.municode.com/4472/DocView/10061/1/56/68 11/24/2008 Chapter 43. Vacant Buildings* Page 4 of 5 (3) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (4) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than thirty (30) days after the transfer of ownership and subsequent annual fees shall be due on the new anniversary date. (i) The enforcement officer 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. (j) Any building or portion of a building classified as a vacant building under this section shall be posted with a placard by the enforcement officer. The placard shall include all the information specified under Leg. Code § 34.23(3)(x)--(g). (Ord. No. 17862, § 1, 8-13-91; C.F. No. 03-1027, § 1, 12-10-03; C.F. No. 05-372, § 1, 5-25-05; C.F. No. 08-438, § 1, 5-28-08; C.F. No. 08-552, § 3, 6-18-08} Sec. 43.04. Exemptions. In order to encourage the prompt renovation of property, the owner of a fire damaged building may be exempt from paying vacant building fees required under the chapter; provided, that within thirty (30) days from the date of the fire, the owner at the time of the fire, submits a request for a exemption in writing to the enforcement officer. This request shall include the following information supplied by the owner: (1) A description of the premises. (2) The names and address of the owner or owners. (3) A statement of intent to repair and reoccupy the building in an expedient manner. An exemption granted under this section shall be valid for no more than ninety (90) days. In the event that the owner of the property at the time of the fire who received an exemption under this section should, at any time after the fire, transfer to another person any ownership interest in the subject property, the exemption under this section is immediately void and any new owner(s) shall be responsible for paying any required vacant building fees. (C.F. No. 96-308, § 1, 4-24-96; C.F. No. 08-552, § 2, 6-18-08) Sec. 43.05. Inspections. The enforcement officer shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the enforcement officer, an owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection. (Ord. No. 17862, § 1, 8-13-91; C. F. No. 96-308, § 2, 4-24-96) Sec. 43.06. Notificatian. The enforcement officer shall shall maintain a current list, updated monthly of all vacant buildings which have become known to the enforcement officer, as well as a list of all previously declared vacant buildings which are no longer subject to the provisions of this chapter. The vacant building list shall be public as and to the extent provided by law. A copy of the list shall be available for http://library4.municode.com/4472/DocView/10061 /1/56/68 11/24/2008 Chapter 43. Vacant Buildings Page 5 of 5 review in the office of building code inspections or the fire marshal's office as the case may be. (Ord. No. 17862, § 1, 8-13-91; C.F. No. 96-308, § 2, 4-24-96; C.F. No. 08-552, § 4, 6-18-08) Sec. 43.07. Penalties. Any person violating any provision of this chapter or providing false information to the enforcement officer shall be punished as provided by section 1.05 of the Saint Paul Legislative Code. (Ord. No. 17862, § 1, 8-13-91; C.F. No. 96-308, § 2, 4-24-96) Sec. 43.08. Alternative procedures. Nothing in this chapter shall be deemed to abolish or impair existing remedies of the city authorized under Chapters 33, 34, 45 of the Saint Paul Legislative Cade or Minnesota Statutes Section 463.15 through 463.26. Any conflicts between this chapter and Chapters 33 and 45 will be superseded by the provisions of Chapters 33 and 45. (Ord. No. 17862, § 1, 8-13-91; C.F. No. 96-308, § 2, 4-24-96) http://library4.municode.com/4472/DocView/10061/1/56/68 11/24/2008 CHAPTER 249. VACANT 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 of garbage and rubbish thereon; that such buildings are permitted to became 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 the order to be served upon the owner of the 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 police, 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 the 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, without further notice to the owner. An administrative fee of one hundred dollars ($100.00) and all other costs incurred by the city for boarding or otherwise securing a building under this chapter, including, but not limited to the actual casts fore 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" shall 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; ar (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 limited 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, clearly 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, accessary buildings such as garages, barns and other similar structures, not intended to be used far 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-016, § 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, 8-9-91; 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. 249.40. Abatement of nuisance condifiion. 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 for rehabilitation or demolition. Among the criteria to be considered are the following: a. The need for neighborhood housing; b. The historic value of the building; 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 for the property use; The market potential for the property; g, The estimated cost of rehabilitation; h. The severity and the history of neglect; 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 natice 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 far Hennepin County. Such notice shall 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 for in Minnesota Rules of Civil Procedure and by posting such notice at the street entrance to such building. The notice shall 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 natice shall state ail 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 (21 } 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 shall describe how an appeal may be filed under section 249.45. e. The natice 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 cost. The notice shall state that if the casts are unpaid, the costs and the administrative fee shat( 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. (76-Or-102, § 1, 7-9-76; 76-Or-165, § 1, 9-24-76; 78-Or-233, § 4, 11-9-78; 82-Or-256, § 1, 12-23-82; 85-Or-114, § 1, 6-4-85; 92-Or-110, § 4, 9-11-92; 94-Or-123, § 3, 9-16-94; 2001-Or-054, § 2, 4-20-01; 2006-Or-059, § 2, 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. 249.45. Abatement of nuisance condition 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 panel shall uphold or overturn the director's determination that the building is a nuisance condition as defined by section 249.30 and shall uphold or overturn the director's determination that the building should be demolished or 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). (d) The panel steal{ 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 all property owners within three hundred fifty (350) feet of the subject property and to any neighborhood organization in which the property is located. (e) Native 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. All parties having an interest in the property may review department documents, subject to restrictions in the Government Data 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 to 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 panel shall make it determination based upon the preponderance of the evidence. (i) The panel shall mail a copy of its decision to the appellant. (j) The pane! shah refer i#s decision to the city council, which shall have the final authority 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} Editor's noted It should be noted #hat Ord. No. 2006-Or-059, adopted Nlay 26, 2006, v~ras effective October 1, 2006. 249.50. Alternatives to 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 shall 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 cast 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 heighborhood revitalization program allow, create a revolving fund far 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 shah 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. 249.60. Collection of costs. The director of inspections shall notify the owner of the cast 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 cast 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 (8) per cent per annum an 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 shall maintain a revaluing 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. All 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: It should be dated that Ord. No. 2006-Or-059, adopted May 26, 20x6, 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. Vatcant building registration. (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 mare; (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; (5) Unoccupied for 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 all 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 submit 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 shall 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 owners} shall register or 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 owners} 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 ar 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 vacant buildings, including nuisance abatement, enforcement and administrative costs This fee may be waived or suspended for the current year as a term 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 later than five (5) days after the building becomes vacant. Subsequent annual fees shall be due on 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 owners} shall be responsible for 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, § 8, 9-11-92; 2001-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 misdemeanor, punishable as provided in section 1.30 of this Code. (93-Or-003, § 1, 1-15-93; 2001-Or-054, §§ 6, 7, 4-20-01) City of Minneapolis Housing Inspection Services Vacant Building Registration Application For Adclltianal fnforrrtation Call (612) 673-2233 Date Address of Property _ _,. Owner Ipif~rmation; Name First Middle Last Owner's Address (Not Property Address) Daytime Phone Cell Phone ( Evening Phone ( E-mail address X6,000 Fee Mz><s~t ~~ccoilupany Ap~~licatio~>l ~' Make Checks Payable to Minneapolis Finance Department. Mail to: Mimleapolis Inspections Division Vacant Building Registration 250 S. 4t1i St. -Room 400 Minneapolis, MN 55415-1373 Important Information Section 249.80 (i} (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 current fee is $6000. The fee is imposed to recover all casts incurred by the City for monitoring and regulating vacant buildings, including nuisance abatement and administrative costs. Section 249.80 (i) (1) This fee may be waived or suspended for the current year as a term on the condition of a written restoration agreement or order issued pursuant to section 249.50. Please note that a restoration agreement may require a performance bond/escrow deposit or other financial securitization in order to ensure compliance. Details of this additional cost will be included in the Restoration Agreement. The Restoration Agreement (RA}may only be signed by the legal title holder. YOU MUST CALL (612} 673-2233 WITHIN ONE MONTH OF THE DATE OF THE ATTACHED ORDER TO APPLY FOR A WAIVER AND SIGN A RESTORATION AGREEMENT. Section 249.80 (a) (2} The first annual fee shall be paid no later t11an five (5} days after the building becomes vacant. Subsequent annual fees shall be due on the anniversary date of initial vacancy. The fee will be imposed annually until the building no longer meets tl~e criteria for the Vacant Building Registration Program. The fees shall be paid in full prior to the issuance of any building permits, with the e~:ception of a demolition permit. Section 249.80 (a) (3) Unpaid fees shall be levied and collected as a special assessment against the property as provided far 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 for all unpaid and subsequent annual fees. Date of Birth Please Note: This application has been sent to you because you are identified by our records as the taxpayer, mortgage holder, and/or responsible party. If you no loner have an interest in the property, please indicate your name, when you sold the property, and to wham. Seller Closing Date Seller's Agent/Company Agent's Phone Number ( } Fax Number ( } 1`~1EW BuyerlR.esponsible Party Buyer's Address Street Address City State Zip Code Buyer's Phone Number ( ) Buyer's Agent/Company Agent's Address Street Address Agent's Phone Number ( ) City Zip Code Please List Additional Owners and Known Lien Holders Additional Owners Address Street Address Phone Number ( ) Lien Holder Address Street Address Piiorie iv utiiber ( ) City Fax Number ( ) State Zip Code Fax Nurnber ( ) City State Zip Code Fax ivTutiiber ( } VBR Application -Page 2 Other Interested Parties Address Street Address City State Zip Code Phone Number Fax Number I certify that the above information is true and correct, and I understand that I am required to notify the Department of Inspections of any changes. Signature of owner Address of owner Date Section 249.80 (g) states: "The new owner shall register or re-register the vacant building with the director of inspections within 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." vacant Buildin Re Istrati g g' on Plan Please check one of the following boxes ^ Seli • Single-family dwellings and duplexes require Truth in Sale of Housing per Mimneapolis Cade of Ordinances, Chapter 248. Please call (612) 673-2489, option 16, for information. • Condemned buildings are required to go through the Code Compliance process per Minneapolis Cade of Ordinances, Chapter 87. ^ Rehabilitate • Condemned buildings are required to go through the Code Compliance process per Minneapolis Code of Ordinances, Chapter 87. • Please call (612} 673-5805 to request a Code Compliance application or with specific questions. • NOTE that $6,000 fee may be waived if owner agrees to a signed/acceptable restoration agreement. ^ Demolish • Permits required by licensed contractor. ^ ®ther • Please be specific. VBR Application -Page 3 Boarded Buildings Buildings may be boarded for 60 days. City ordinance allows any building to be boarded. far 60 days without penalty. After 60 days, if the owner has not removed the boards ar taken out a permit to rehab the building, the building may be placed on the Chapter 249 list. Buildings on the Chapter 2491ist need A building on the Chapter 249 listrequires a code special inspections. co~li_ance inspection before any rehab work can begin. In addition, buildings on the Chapter 249 list are subject to teardown by Inspections as a nuisance condition. A proposal to demolish a building must be approved by the City Council. You may call to report a building or If you see a boarded building that is open to trespass or check the status of a building. would like to find out the status of a particular building, call (612) 673-2498. You may get a list of buildings now on The Chapter 249 list is available online. To receive a copy the Chapter 249 list. of the Chapter 249 list by mail, send a check or money order for $5.00 to Housing Inspections, ATTN: Boarded Buildings, 250 S 4th St, Room 300, Mim~eapolis, NIN 55415-1339. Be sure to include the name and address you want the list sent to. You may also purchase a copy of the list by visiting the office in person. For more infornsation, call Inspections at (612) 673-5844. Why do buildings get boarded up? Buildings are boarded to keep them secure. The most common. reasons for boarding up a building are Page 1 of 1 Vacant SFr ®pen to Trespass A vacant building that is not secure is a danger to the neighborhood because it invites squatters, can be a fire hazard, and is a danger to children. Boards help prevent these hazards. Owner choice Owner is not choosing to occupy the building at the moment, and chooses to use boards to keep it secure. Police Police board-ups are generally done when there has been a raid on a property and the building is now vacant, or if the police have observed unsafe activities in a vacant building. This keeps the building secure. For financial assistance for fixing up your building, check with your neighborhood association, or by City_Living. http://www. ci.minneapolis.mn.us/inspections/board-bldgs.asp 11 /21 /2008 Annual Vacant Building Registration (VBR) fee to increase The vacant building registration (VBR) fee is an annual fee due each year on the anniversary date of being found vacant. As of March 17, 2008, the annual VBR fee in Minneapolis is now $6,000 for all new buildings added to the Chapter 249 list. The rate change for existing (renewal) buildings on the Chapter 249 fist will begin on May 1, 2008. The rate change was necessitated due to the tremendous amount of staff time and city resources required to monitor and manage vacant and abandoned buildings, including staff and operational costs of running the program, the high volume of police and fire services associated with vacant properties, inspections services, unpaid water and sanitation bills, and expenses for garbage removal, grass cutting, and securing of structures. This VBR fee is an annual fee (due each year on the anniversary date of being found vacant). The fee only applies to vacant buildings that are zoned as residential or located in a residentially zoned area and that have one or more of the following conditions: • Condemned • Unoccupied and unsecured for five days or more • Unoccupied and secured by means other than those normally used in the design of the building for 30 days or mare; • Unoccupied with multiple housing maintenance, fire or building code violations existing for 30 days or more; • Unoccupied more than 365 days with an order having been issued to correct a nuisance condition pursuant to section 227.90. Buildings that are left vacant but are well maintained and secured do not qualify for this registration fee. Details of this program can be found in Chapter 249 of the Minneapolis Code of Ordinances. To encourage the rehabilitation of buildings found to qualify for VBR, the City of Minneapolis is allowing this fee to be waived if the owner of a VBR property enters into restoration agreement. This restoration agreement can only be made with the owner of a VBR property and will include added penalties for noncompliance during and after the accepted time frame. To check if your property is registered as vacant, call (612) 673-2233 and leave a message or go to the Property Information section of the City of Minneapolis website. www.ci.minneapolis.mn.us. Please note that some VBR information is not listed on the Property Information website. Owners of existing VBR properties will be notified by mail of the increase in fees prior to the VBR anniversary date. Notice will be mailed to the property of record identified in the City's record management system. Attachment- Proposed Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 10th day of November, 2008, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, tQ consider an amendment to Chapter 12 of the City Code of Ordinances adding new sections relating to the registration and regulation of vacant buildings. Auxiliary aids for handicapped persons are available upon request at least 96 hours in . advance. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER .12 OF THE CITY CODE OF ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION AND REGULATION OF VACANT BUILDINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is amended to add the following new Sections: Section 12-1501 POLICY The gurpose of sections 12-1.501 through 12-1511 is to protect the public health safety and welfare by establishing a uro~ram for the identification and regulation of vacant buildings within the City. Sections 12-1501 through 12-1511 also determine the re ~onsibilities of owners of vacant buildings and provides for administration enforcement, and.penalties associated with the same. res,Qonsible~arty of the boil ina fails to actively fain and mauaae the building to ensure it does n_ot become a liability to the neighborhood Vacant buildings often attract transients homeless pule trespassers and criminals including, drug abusers. Neglect of vacant buildings as well as use of vacant buildings by transients and criminals, creates a risk of fire explosion, or flooding for the vacant building and adiacent t~ronerties. Vacant Uroperties are often used as dumping grnvnds for funk and debris and are often retard apureciation of~roperty values There is a substantial cost to the city far monitoring vacant buildings whether or not those buildings are boarded uu. This cost should not be borne- by the general taxuavers of the community but rather these costs should be borne by those who choose to leave their buildings vacant. ORDINANCE NO. Section 12-1 S03 DEFINI'T'IONS The following definitions shall apply in the interpretation and enforcement of sections 12-1 SO1 through 12-1 S 11. 1 Compliance Official -the City IVlana~;er and his the Citv Mana~er'~ desi~ated agents authorized to administer and enforce sections 12-1501 through 12-1511 of this Code. 2 Buildin,~ - a building or structure designed for business use or human use or occupancy. 3 Owner -those shown to be the owner or owners on the records of the Hennepin County Department of Property Taxation• those identified as the owner or owners on a vacant building registration farm, a holder of an unrecorded contract far deed; a mortgagee or vendee in possession, a mortga,~or or vendor in possession. an assignee of rents a receiver an executor a trustee a lessee other person, firm or corporation in control of the freehold of the,~remises or lesser estate therein. An owner also means andperson, partnership association. corporation, or fiduciary having a legal or equitable title or any interest in the uronerty or building This includes andpartner officer or director of an~nartnershi~ corporation, association or other legally-constituted business entity. All owners shall have ioint and several obligations for compliance with the provisions of sections 12-1501 throng-h 12-1 S 11 of this Code. 4 ResRonsible~arty -means an owner occupant entity or person acting as an went for the owner who has direct or indirect control or authority over the building, or real~ronerty upon which the building is located. Any warty having a legal or equitable interest in the property Responsible p may include but is not im'ted to a realtor service ,providertmortg~agor leasing a=¢ent, management company or similar person or entity. S Vacant building - a boil ing or structure is vacant if no person or t~ersons actually and currently conducts a lawful business or lav~rfullv resides or lives in an~part of the boil in on a permanent, nontransient basis in. accordance with the City's zoning re ations. Section 12-1504. VACANT BUILDING REGISTRATION. 1 Application. The owner or responsible party must register a vacant building with the City no later than (301 days after the building; becomes vacant. The registration must be submitted on a form provided by the City and shall include the following information supplied by the owner: a. The name address telephone number and email address, if apt~licable, of each owner or the owner's representative; o1~nvANCE No. b. The names addresses telephone numbers and email addresses. if arfvlieable, of all known lien_ holders and all other parties with an l~! e~a1 interest in the buildin~• c. The name address telephone number and email address, if applicable, of a local ea.~ nt or yersan responsible for mana~~.`or maintaix~in~the property d. The legal description. tax parcel identification number and street address of the„.premises on which the building is situated; e. A description of the premises including the common address of the rp opert~. f. The date the building~beeame vacant, the period of time the building is expected to remain vacant and a Qropert~plan and timetable for returni~n~ the buildine to appropriate acc~ancy or use and for correc ' code violations and nuisances or for demolition of the building; g. The status of water? sewer natural gas and electric utilities. h. The owner must no ' the compliance official of any changes in information supplied as part of the vacant building registration within thirty (30) days of the chance. 2 Property Plan The prope~i plan identified in section 12-1504(1)(fl must meet the following requirements: a General ,provisions The plan must comply with all applicable resulations and meet the approval of the compliance official It must contain a timetable receding use or demolition of the~xopert~ The plan must be completed within 0 days ~easena~le~e~ed- '- + '" ~'"„ after the buildin ig s re istgL Bred. b Maintenance of building The~lan must identifythe means and timetable for addressing; all maintenance and nuisance-related items identified in the application. Any repairs improvements or alterations to the property must comply with the applicable building codes and city regulations. c Plan Changes If the progerty_plan or timetable for the vacant building is revised in any way the revisions must meet the approval of the compliance offici d Demolition Required If a building has remained vacant for a period of three hundred anal s' -five (365) consecutive days and the compliance official has not approved an alternative schedule in the property plan, the owner must demolish the building and restore the grounds If the owner does not ORDINANCE NO. demolish the buildings the city may commence abatement and cost recovery proceedings for the abatement of the violation in accordance with city code section 19-105. 3 Nan-eamulianee and Notification If the owner does not comely with the property Hlan or maintain or correct nuisance items the Citv may commence abatement and recover its costs for correction of those items in accordance with. cit~code section 19-105 In the case of an absent owner and onr~oing nuisance items the city need not provide notice of each abatement act to the owner. A single notice by the city_ to the owner that it intends to Hmvide ongoing abatement until the owner corrects the items will be sufficient notice. 4. Exemptions. a. Fire Damage A buildingthat has suffered fire da__Sg~e is exemHt fram the regdstration requirement for a Heriod of ninety (901 days after the date of the fire if the owner submits a request far exemption in writing to the compliance official A request for exemption must be approved by the code official and include the following information supplied by the owner: i. A description of the premises; ii The name and address of owner or owners; iii A statement of intent to repair and reoccupy the building in an expeditious manner and the time frame far completion; iv Actions the owner will take to ensure the properiy does not become a nuisance for the neighborhood. b "Snowbirds " Those persons who leave their residential buildings on a temporary basis far vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. Exemption as a "snowbird" will be granted with proper verification. 5 Fees The owner must~ay an annual reg~~tration fee. The registration fee will be in an amount adopted by resolution by_the Citv Council. The amount of the re~'stration fee shall be reasonably related to the administrative costs for registerin_g_and~rocessing the registration form and for the costs of the City in monitoring_ the vacant building site The fee must be paid in full prior to the issuance of any building Hermits or licenses with the exception of a demolition permit' 6 waiver oz Fee The registration fee may be waived ilrthe ovr~ner or resHOnsible party has Haid all past due registration fees and all other financial obligations ORDINANCE NO. and debts awed to the City_ that are associated with the vacant property and demonstrates to the satisfaction of the compliance official:. a. ~t the property is re occupied. with the exception of demalitia~, within a perinra nft,mR r~pPmP~ rPaennahlP to t}te Cnmt311ance OfflClal' atl t b that he or she is in the ,process of demolition, rehabilitation, or other substantial repair of the vacant building~,._or c that he or she has a plan for the T demolition, rehabilitation, or other substantial repair of the vacant building in a period of time that is deemed reasonable to the compliance official• €_~ Assessment. If the re~istratian fee or andportion is not paid within 60 days after billing ar within 60 days after and anneal becomes final. the City Council. mawcertify the unpaid cost against the property in accordance with the t~rocess set forth in section 19-105 of this code. ~8 Issuance of Permit Upon completion of the registration process and payment of the fee the City will issue a Vacant Building Permit to the owner. The owner must securerpost the permit on the vacant buildingLif possible on a side entrance door that is not generally visible from the public street. If no side entrance door is available the permit must be securely posted on another available entrance door 1'f the property is abandoned or the owner or responsible party fails to complete the registration process the property will be administratively registered as a vacant property. Section 12 1505 CHANGE OF OVJNERSHII' Anew owner(sl must. register or re- register avacant building under section 12-1504 within fifteen (151 days of any transfer of an ownership interest in a vacant builcling~ The new owner(s) must comply with the approved propertyplan and timetable submitted by the previous owner. Any proposed chances in the propertv,pian must be submitted and approved by the compliance official. Section 12 1506 INSPECTIONS The compliance official may inspect any vacant building in the City for the~rurpose of enforcing and assuringLcompliance with sections 12 1501 through 12 1511 and other applicable re~i_ations Upon the rectuest of the compliance off cial an owner or responsible party must provide access to all mtenor ~artions of the building and the exterior of the property iri order #o complete an inspection If the owner or responsible party is not available to provide access to the interior of the building the City may use any legal means to gamin entrance to the bu~ldm~ for inspection purposes Prior to any re-occupancy a vacant building must be mspeeted by the City and found to be in compliance with Chapter 12 of the Citv Code gee,-1-~ ~cn~ *~~ ~ '~~- and all other applicable reszulations All applicatton and reinspection fees must also be paid prior to any reoceupancy of the building. All such fees are set by Resolution of the City Council. o1tDINANCE NO Section 12-1507. MAINTENANCE OF VACANT BUILDINGS. 'The owner must Comply with artd address the following items in the tiroperty plan, as described in section 12-1504f2~: 1 Appearance All vacant buildings must be so main wined and kept that they wear to be occupied. 2 Seeming All vacant buildings must be secured from outside entry by unaw~thorized persons or pests Security must be by the normal. building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain lacked.. There shall be at least one operable doer into everX building and into each housing unit. Exterior walls and roofs must remain intact without hales. a. Architectural (Cosmetic) Structural Panels. Architectural structural panels maybe used to secure windows, doors and other openings provided they are cut to fit the opening; and match the characteristics of the building. Architectural panels may be of exterior grade-finished plywood or Medium Density Overlaid~lywood (MDOl that is~ainted to match the building exterior or covered with a reflective material such as plexi-Mass to simulate windows. b Temporary Securing Untreated plywood or similar structural panels or temporaryconstruction fencing may be used to secure windows, doors and other openings for a maximumperiod of 14 days. c "Artistic" board-up With prior aynroval of the compliance official, artistic options may be utilized to secure a vacant building. d_ Emer~encv securing The compliance official may take steps to immediately secure a vacant building; at his or her discretion in emergency circumstances. 3. ~ Fire Safety. a. Fire protection sv~tems Owners of non residential vacant buildings must maintain all fire protection systems appliances and assemblies in operating condition and maintain underwriter la o tones ~ fLTL) monitoring of all systems. b .tZemoval of hazardous and combustible materials. The owner of env vacant building or vacant portion thereof must remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the s~sread of fire. ORDINANCE NO. 4 Plumbing fiztares Plumbing fixtures connected to an approved. water system, an approved sewage system or an approved natural gas utility system must be installed in accordance with applicable codes and be maintained in sound condition and~ood repair or removed and the service terminated in the manner prescribed b~applicable codes The building's water systems must be protected from freezing, 5 Electrical Electrical service lines wiring, outlets or fixtures not installed ar maintained in accordance with applicable codes must be rewired. removed or the electrical services terminated to the boil LcLng in accordance with applicable codes. b Lishting_ All exterior li;htine fixtures must be maintained in good repair. and illumination must be provided to the building and all walkways in the same manner as provided at the time the boil ;nom was Iasi occupied or as otherwise urovided in the approved vacant building_plan. 7 Heating Heating facilities or heating equipment in vacant buildings must be removed rendered inoperable ar maintained in accordance with applicable codes. 8 Termination of utilities The compliance official may reauiie that water. be given to the owner No utility maybe restored. until consent is given by the compliance official Utilities may be discontinued at the request of the owner ar responsible party as .part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emer~ency circumstances. 9 Si~na~e Obsolete ar unused exterior si~is and installation hardware must.. be removed Holes and ,penetrations must be properly patched and painted to match building surfaces. All sigmas must be maintained in good condition and in compliance with Chapter 34 of this code Auction signs or attention-getting~devices may be placed on a prow for no more than fourEeen (141 consecutive days prior to the auction date and must be removed within three (3~ days following the auction. 10 Ezterior maintenance The owner must comply with all applicable property maintenance regulations and city codes including but not limited to, the followina• ol~nvaricE Ira. a. Public nuisances The owner must eliminate any activity on the property that constitutes a public nuisance as defined by section 19-103 of the city code. b Grass and weeds Any weeds or grass must be no greater than six (61 inches in heigl. Wit. e. Exterior structure maintenance. The owner must m i~nta;n the vacant building in compliance with sections 12-701 through 12-713 as determined to be necessary._bv the code official. d Abandoned or iunk vehicles The owner must remove abandoned and funk vehicles from the propertX The City may impound such vehicles consistent w_ ith the reauire_ments in Ch~?ter 19 of the city code. e Storage and disposal of reuse The storage and disposal of refuse must comply with the requirements of Cha,~rter ~ of the city code. f. Animals. The owner must ensure that all animals are removed from the Qroperty and handled in a humane m-s*!neT. ~ naceassd dead or hazardous trees The owner must remove diseased dead or hazardous trees or branches from the property in accordance with Chapter 20 of the city code. h Gra, f~cii The owner must remove all graffiti from the property in accordance with city ordinance. i Abandoned fools Svviniming pools must be maintained in Good operating condition• treated to prevent west harborag'-e• or properly drained .and emptied. 5wimmirig pools must be secured in accordance with city code section 19-1402. 11 Removal of garbage and refuse The owner of any vacant building. or vacant portion thereof must remove all garbage refuse rubbish. swill, filth, or other _materiaLs from the vacant building and the~roperty upon which the buildm~ is located. 12 Police ~rrotections systems The owner must properly maintain all alarm systems in any vacant building or portion thereof in operating condition. 13 Loiterins, criminal activities ~ j,oiterin~ or engaging in criminal activities is not allowed in the vacant building or on the real property upon which the vacant building is located The owner or responsible party must not allow these activities and take immediate actions to eliminate these conditions once notified by the city. 14 Emergency Abatement The compliance official may authorize_ immediate abatement of anxpublic nuisance or maintenance item if m the discretion of the compliance official emergency. circumstances exist that present an imminent threat to the public health and safety. 15 Other Codes .All other city codes and applicable regulations must be complied with. ORDINANCE No. Section 12 1508 NO OCCUPANCY OR TRESPASS No person may trespass occupy or reside in, on a temporary or permanent basis andvacant building without the owner's consent. Section 12-1509. VANDALISM OR REMOVAL OF ITEMS PROI~IBITED. Na t~ei-son ma~vandali ze or remove items from a vacant building, or the pronerty anon which it is located, includins but not limited to appliances fixtures electrical w~rin~, copper, or other similar items without the owner's consent. Section 12 1 S 10 APPEAL Andy person ar responsible~~r~ag_~rieved by a decision under sections 12 1501 through 12-1509 may appeal to the City Councrl. The appeal must be in writing,.must specify the grounds for the app~1. and must be submitted to the Cii~Manaper within ten business dates of the decision that is basis of the anneal. Section 12 1511 PENALTIES Any_perso~ n or ressponsible early who violates sections 12 1501 tbrou~h 12 1510 is subject to the penalty as provided under section 12-1205 of this code Nothing in sections 12 1501 through 12-1511 however is deemed to unualr other remedies or civil penalties available to the City under this code or state law, includings but not limited to Minnesota Stattrtes Sections 463.1 S through 463.261. Section 2. This ordinance shall become effective after adoption and after thirty (30) days following its legal publication. Adopted this day of , 2008• Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates raew matter; double underline indicates matter added since first reading, strikeout indicates matter to be deleted.) Attachment -August 2S, 2008 Council Wark Session Documents MCMORAI~TDUM -COUNCIL WORK SESSION DATE: August 25, 2008 TO: Cult Bogau~y, City Managex FROM: Yckie Schle~ming, to the City Manager SUBJECT; An ~ Regulatioo of Vacant Properties Recommendation: Staff is seeking iiredback on a draft ordinance regarding regulation of vacant properties. Backgramad On April 28, 2~8, the City Council provided feedback to staffregarding strategies to address nuisance issues associated with foreclosed and vacant properties. Since thattime staff has gathered information in order to develop an ordinance to address associated issues, Abase of information has been compiled based on rrsearch, onsite investigations, and results of implementing ava>7able remncdiation measures. An ordinance to address vacant buildings is attached for your review a~ adoption. An analysis was conducted of the single firmly residential properties in order to identify tho extent of vacant proporties, evaluate the conditions, remediate healthllifa safety hazards, provide resource projections and provide housing information to assist in dev6loping housing strategies. A re,~rt outlining the Vacazrt Building Analysis is att~bed for your infoamatioa. The information was compfiod from Jug to August 2008. Soma key findings of the analysis include: • The vacant property situation is in $ux and vacancies aloes are expected to ba high at least the next 3 years based on current foreclosure date. The status of the property, ownership, responsi"61e parties, and numbers can change daily. Some of the properties v for than two • More than 190 vacant single famfiy praperkias exist in ~a cxty. • Approximately S4% of the vacant properties had one or morn Dods violations. • Significant city resources era already being expended to meet the minimum standards for vacant , shining resources from other program areas. • Early interveatioa with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • Appxasimately 47 % of the p~ropeskies viewed from the exterior only ware considered outdated, bad lithe curb appeal a had significant code violations. • Concentrated or cluster vacancies in a neighborhood have a significant impact to the neighborhood, from a visual and emotional perspectivc of residents. Pogo l of 19 The presence of vacairt homes/foreclosures on a block is starting to impact the sale prices of open market transactions. Some properties are being listed below ar near laud value. Although the city faces challenges with foreclosures and vacant properties, opportunities for c~~mmunity re~vttalization and renewal exist. Vacant properties, if not properly monitored and n~ become nos and blight to neighborhoods. Foreclosed properties may be vacant for months or years, becoming targets for vandalism, ftlegal dumping, health and safety hazards, and general nuisances. Staff is also observing a trend where properties in pro-foxeclosure stages are also becoming nuisances due to Lack of maiutetunce, and accumulation of junk and debris. 'These properties are often not main#ained in compliance with minimum standards of cite codes or fail to meet neighbor ex~ctations. 1n response to increasing concerns, the City has implemented actions to address and minimi7.e the negative impact to neighborhoods by responduzg promptly to unsecured stivatures in accordance with standards set by Minnesota State Law and City Horsing Code. However, general nuisances {refuse, junk, abandoned vehicles and property, and similar) are often difficult to bring iota compliance with minimum codes, consume significant amount of staff tinne and the amount of time to achieve compliance is often not acceptable to residents. Because of the higher rate of foreclosures and vacant properties being cxperienced in Brooklyn Center, the potential impact to the neighborhoods and community is high, which ultimately creates a grca#er need for higher levels of management of these properties. Blighted properties reduce property values and set law expectations far community standards. Not only is this an important issue in retaining residents who take care of their property, but it is important in setting community expectations and at#racting responsible home buyers. The ordinance has been developed to address residential and commercial properties. Although the foreclosure issue has been a driving force in developing this proposed ordinance, complaints and concerns about vacant properties have been reported to various degrees beyond fibs foreclosure issue. The following is an outline of the proposed ordinance requirements. 1. Def'mitians. a Vacant building, responsible party and other cede items are defined. 2. Registration of vacant properly. a. This requires a mortgagee or responsible party to register and provide contact information to me city. b. Exemptions registration such as fire damage repair, seasonal vacancies. Some exceptions are included, such as those parties who routinely travel to somewhere else during seasons. Page 2 of 19 c. Registration fees are incorpaxated in order to help recover some of the costs associated with monitoring and regulation of vacant buildings. d. Recover Costs by special assessment if unpaid. e. Posting ofpermit with contact information on door. 3. Property Plan. a, A property plan is required. The glen is intended to address issues of significant monetary value, complex corrections required, or longevity of vacancy. b. Demolition of property map occur after 365 days if a plan is not approved. 4. Inspedions. The property must be made available for interior inspections upon.request. 5. Postal notification for vacant properties about nnauthorized entry and legal oecnpanCy. a Provides explicit instructioms regarding authorized personnel and consequences of violation. Will aid the Police Deparhnent sail city staff in prosecuting vagrants and trespassers in efforts to reduce criminal. activities occurring in vacant buildings. b. Aids properly owners in establishing illegal occupants. 6. Loitering and ci3minst activities ezgressiy not allowed. 7. Maintenance Standards a. Standards and criteria for securing property. Architecttual, artistic, temporary' securing b. Fire Safety C. Plumbing systems d. Electrical e. Lighting £ Heating facilities g. Tcrminatian of utilities. Criteria. established proscribing when utilities should be fumed ofi; who is responsible, helps prevetrt significant damage iri property, and m'nL>_m_»es health and safety hazards. Ex. Water leaks, gas leaks h. Sigpiage. Establishes standards to repair building when signs are removed. Prjmarily applies to commercial properties. i. Addresses police protection systems, j. Explicitly states loitering and criminal activities prolu'bited. Responsible party responsible for proh~iting and eliminating these activities. k. Establish specific standards and perfaunance Criteria for property maintenance far property owners. a, Reducing grass and weed height from S inches to 6 inches to allow earlier intervention for nuisances and promotes routine landscape maintenance versos nuisance maintenance. b. Address tilegal dumping and other illegal activities occurjxng on ProP~y C. Address graffiti d. Address accumulation and removal of garbage, refuse and junk such as refrigerators with doors, batteries, Chemicals, electrical hazards, Page 3 of 19 unmaintained pools and water hazards (far vacant and occppied pip) e. Address ha~rdoas structures 8. Ezpressly stating violation to remove copper, bricks, appliances and si~7ar thefts. a. Sets faith consequences of violations 9. Provide remedfation grocers for vacant properties. a. Ties includes having a corxtinuous notice to reduce interv and correction time. This would include situations where multiple violations occur regrading illegal activities, arty is not secured, illegal d~uaaping and similar. id. Provides standards and city-facilitated abatement authority so immediate health and life safety hazards mad obvious eyesores can be corrected in a timely manner. a. Provides an alternative to criminal court proceedings and reduces time for compliance. 11. Cost recovery langaage a. Recover costs associated with identification. and removal of nuisances. i2. Establishes an appeal process BUDGET ISSUES A significant amount of city resoiaces is being expended to address vacant properly issues, oi3en shifting resources from other program activities. Items to consider. s Costs and allocation of resources-balancing resources devoted to criminal enforcement actions (punishm~} versus correction. o Ongoing maintenance for properties vacant for extci~ve periods of time. • Establishing clear expectations for properly owners, agents and the general public regarding issues related to foreclosure and vacant properties. • Encouraging responsible and aecounteble property owners/agents, while having a secondary plan to enable the city to correct detrim~tal situations. • Eliching options for short term strategies, with long-term implications for neighborhood stabilizati~ and reinvestment. ATTACSCD Vacant Single Family Property Analysis Report Proposed Ordinance Amendment Page 4 of 19 Attachment Analysis of Vacant Single Family Properties Analysis of Vacant Single Family Properties in Brooklyn Center R:epoit Date: August 11, 2(}0$ The City of Brooklyn Ceutcr is among other cities in the nation and state experiencing a high number of foreclosures. As a resobt of #+areelosures aml the downturn tribe horsing market, the city is also experiencing a high number of vacant residential prop~.es. An analysis was conducted of the single family residential properties in orc~r to identify ext~xt of vacarrt properties, evaluate this conditions, remediate healthnife safety hazards, provide resource projections and provide housing information to assist in developing horsing strategics. Although muttt-famuily was not included in this report, foreclosures and vacancies are also occurring in these housing types. The issues assocmtcd wifls mrlti family vacancies are similar to those exp~ienaed in single famfly properties with some unique issues. For example, homeowner association budgets are inapa+eted-eflaccting their operations. . The foreclosure list was verified and updated using information Elam the Hennepin County Sheriffls (}ffice and the City's Assessing tJffice, The next sleep was to visit properties listed on the vacancy list The origuial vacant property list was compiled from city staff information (assessing, polico, public works, community developme~rt, etc.) and resident reports. The site visits occrmcd between June 25 and August 11, 2008, with a seasonal employee and a Cade 1/nforcen~ent Inspector. Information gathered included whether the property was vacant or had bean re-occupied, security, immediate health or life safely hazards, public nuisances, condition of home and general club appeal The availability of contact information and ownership status was also determined. Same key Endings of the analysis include: • The vacant properly situation is in flux and vacancies alone are expected. to be high at least the next 3 y based an current foreclosure data. The status of the property, ownership, responsible parties, and numbers can change daily. Same of the properties were vacant far more than two years. • Mom than.190 vacant single famtiy properties exist in the city. « Approximately 84% of the vacant properties had one ar more code violations. « Significant city resources are already being expended to meet the minimum standards for vacant properties, shifting resources from other program areas. « Early interveyrtion with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. « Approximately 47 °/« afthe properties viewed from the exterior only were considered outdated, had little curb appeal or had significant code violations. « Concentrated or .cluster vacancies in a neighborhood have a sigma impact to the neighborhood; from a visual and emotional perspective of residents. Page 5 of 19 • The presence of vacant homes/fareclosures on a black is sfarting to impact the sale prices of open market transactions. Some properties are being listed below or near land value. • Although the city fads challenges with. foreclosures and. vacant properties, opportunities for ~mxm.,,ity revitalization and renewal exist. IDENTIFICATION OF VACANT PROPERTIES A fatal. of 192 properties were de#~mined to be vacant duringthis ci#.y-wide evaluation. The overview of the evaluation data is as follows: • A total of 2S2 properties were evacuated tlnrougha~ut the city. • 225 properties were listed in the city's vacant property • 25 additional vacant properties were found that were not included in the original vau~.nt property list. (13.5% of the total vacant properties) • S2 des on the vacant property list hadbeen re-occupied. (23% of the original list} • Eight properties were still in the foreclosure redemption period and not considered. vacant. Occnpancy was determined by several indicators. A propea t~- was considered reocarpied if there were cars in the driveway, people/fuzaiture/animals inside, flowexsttoys/toolslpatio furniture outside, or other signs of legal occupancy. Properties not on the vacant list were determined vacant if they were visibly empty from the street, posted (city postings, realtor signs, winterization signs, court files), had overflowing mailboxes, and/or displayed severe neglect. Most vacant properties were easily identified fromthe street, even withoutpostings. EVALUATION OF VACANT PROPERTIES Several itenos were reviewed as part of the evaluation of the properties. Immediate actions were taken by city staff (Police Department and. Community Developm~mt}where the was not secured, indications of vandalism existed, or hearth and life saf~y hazards were found either by contacting realtors or mortgage companies where avatiable or imfaating ciiy facilitated abatements to correct the violations. property is unsecured, it is at higher risk for harboring illegal activities, such as copper stripping, squatting, gang activity, or underage drinking. A properly was considered unsecure if it had an open or unlocked door or window, or otherwise was open to trespass by people or pests. Immediate steps were taken to socure $me property. Iu some cases, properly securing a properly involved lacking a door. In other cases, proper securing included the police clearing the house for possible trespassers, and having the proporty boarded or locked by additional locking mecbanis~m. Fifty of 192 properties (2t"s%) were found unsecured. A breakdown of the security ' is provided below rage 6 •f a9 50 of 192 properties (26%) were found unsecured 0 1 t) (20%) had unsecured main doors 0 7 (14%) had unsecured windows o ZS {50%) had unsecured accessory buildings o S (16%) were unsecure in multiple locaticros 0 6 (12°to) were secured by the inspectors locking an d door. 0 23 (41i'Yo) verbal. or written orders to secure were given t0 responsible 0 2 {p 4°~) required clearing by the police department because'they appeared to have been burglarizedlvandali~~ed. 0 19 (38%) were le& as they were--often ~ese were windows or garages in backyards behind fences, which were fairly inaccessible and displayed no evidence of criminal activity. General Candittan The progeny was cvalua#ed as E- excellent, G good, F-faire or P- poor primarily based as the curb appeal and physical condition of the progeny. It is a generalized rating and does not take into account the different expec#ations of various neighborhoods. The rating is based priman"ly on the evaluation of the exterior of the property, since city staff did not generally gain access to the interior of the structures as part of the evaluations at this time. • An excellent properly did not have code violations, structural damage, overgrown gardens, or Iong grass or weeds, and high curb appeal • A good progeny may have small, isolated code violations (a pile of brush, some yard waste or junkJappliancesOdebris} or ~lergeov4°n gardens/trees, only minor sfi~vctnral damage. It may have non-code issues that detract from the property such as overgrown bushes/trees, but no major flaws. • A fsfr property looks okay from the serest, but often has more serious code violations (rotting garbage, large amounts of jwildapplianees/debris, yard waste, or brush}, and upon inspection may have one or two areas of structural damage, such as broken fences, tutting accessory buildings, otd roof/soffitlfascia, cracked(decaysng Siding OT Stucco, andlor decayiag window casements. It may also have fnnc~tional absolescenco such as outdated materials or styles, and may have items with wear and will require upgrades or replacement in the near • A poor property has problems visible from the streetthey generally have both code violations and three or more areas of significant structural damage (although code violations alone may not result in a "poor" ratings are outdated and functionally obsolete, with little to no curb appeal Vacairt properties were rated as follows: 0 2 (1 %}-excellent condition (none of these were unsecure) 0 16 (8.3%- good condition (none of these were unsecure) 0 76 (39.6%} fair condiction ^ 17 (22.4%) were unsecure 0 91(47.4%}poor condition Page 7 of 19 ^ 33 (36.3%) were unsecure Nnisaace Code Vialatlons Cif the 192 vacant properties, 32 properties did not have any cede violations including securing issues. I:n order to bring the property iota compliance with minimum property maintenance codes, city resources would be required to address 162 properties (84°l0}. The types and number of violations are sisrrmari7,~ below. Jm~k/Garbage. Tank, garbage and refuse left behind by previous ow~s/tenants is a major source of complaints regarding vacant properties. • 61 properties (31.7s/®) had junk/garbage on the properly. Ties ca#egory was divided into four areas as follows: 0 45 {73.7%}had junk/apphancesldebris {furniture, appliances, construction debris, logs, Clothing, auto/bike parts, etp.) 0 5 (8.2%}had rotting garbage (£oad items, dead animals, etc.) 0 3 (5%) had yard waste {bags of leaves ax grass clippings) a 9 (14.8%) had all of the above 0 1(1.6%) had an abandoned vehicle Long Grass/Weeds. Long grass and weeds from lack of mowing provide the second major source of complaints regarding vacant properties. • 33 properties {1'T.2olo) had grass and weeds over 8 inches taIl upon inspection. All cases were reported to the Grass Tnspeetor. Actions may have akeady been initiated.. Tree-Related Problems. Several properties contained brush, fallen trees or stumps as follows. • 40 properties (20.8%) contained brush • 7 properties (3.6%) contained fallen trees • 8 properties (4.2%} contained stumps Health Hazards. Significant amaun#s of ratting garbage, dead animals, and neglected or accessible pools were the main criteria for determining health hazards and immediate steps were taken by city staffto eliminate hazards. • 4 properties (2.1%) were considered potential health hazards. 0 2 (50%) contained significant amounts of rotting garbage 0 1(25%) contained a pool full of water and algae with the ladder still in it and the fence around it open. tither pools were net noted but are potential breeding grounds for mosquitoes. a 1(25°l0) contained a significant amount of rotting garbage and a large dead bird (chicken?) in a cage in the backyard • Reattars were contacted for three of the four properties. No owner could be found for the fourth property--hosted unfit, not listed as a foreclosure, no for<trarding contact informat~an for the graperly owner. Page 8 of 19 Stractaral Damage. A combination of factors including prolonged neglect, aging of houses, and other factors such as weather related damage has resuli~ed in a significant amount of physical damage to some vacant properties. • 99 properties (51.6°l°) had noteworthy damage t!- the strnetnre {~.c. damage that would have t4 be repaired if someone moved in). Structural damage was separated into four areas. The percentage does not equal 100% since same properties had multiple issues: 0 6i (61.6%) had damage to accessory structures (fenceldeck/shedlgarage} 0 26 {26.3%) had roof damag~shingtes/gutters/saffit/fascia) 0 42 (42.4%) bad siding damage(siding/stucca/brick/general wall) 0 31(31.3%} had damage to entry areas The quantity of areas of structural damage was then recorded for each property: 0 30 (30.3%) had one area of structural damage 0 52 (52.5%}had 2 areas of structural damage a 17 (17.2%) had 3 or more areas of structural damage Graffiti and Vandalism. 4raff fi and other forms of vandalism were raze occurrences at the vacant properties inspected. City staff followed up regarding graffiti or vandalism violations. The Police staffhave been eondncting some night time monitoring of vacant properties during park patrol. Some residents have been active in reporting suspicious activities or nuisance violations at neighboring vacant properties. • 4 properties (2.1%) were tagged with graffiti o Note: All four were corner properties Contact Inforeration Concerns had been expressed about posting properties and the potential of drawing attention to the vacancy. The following information was gathered regarding postings or other information on the properly. Overall, un posted properties were no less visibly vacant than posted properties, and were likely to have more violations than posted properties. When contact information was not readily available, the amount of time required to resolve violations and nuisances was greater. 74 properties (36S%) did not have any contact information posted an the property. Of the un posted properties: 0 21(30%) were unseoure (4% mare than overall) 0 32 (45.7%) had junk on property (14% more than overall} 0 14 (24%}had long grass (2.8% more than overall) Page 9 of 19 I'roactive,~anairs and Imnrov~meats Some gmactive work was being performed. for some vacant properties. During inspections, e~iitractors were e~nccnmtered making repairs. ' • 18 properties (9.4%) were being filed aP upon imspeetion. RESOURCE PROJECTIONS In order to address 192 properties (160 properties with violations), approximately 500 hours of stsfftime would be required. This includes initial inspections, follow inspections, abatements, and criminal enforcement actions where necessary. An extreme case may skew the estimates. The actual cons for abatement could exceed $25,000. Please note that this is for the initial violations and does not include resources to follow upon repeat violations. Sfzactural issues, such as painting or cosmetic issues, would not be addressed unless a health or life 3' hazard existed. A~m;n;al, &tive casts far special assessmarts, billing, etc. would vary. These are estimated values. Unanticipated items might be discovered during abatement processes or higher corripliance rates could occur. HIGHLIGHTS OF SALES INFORMATION Based on sales data, approximately 26 properties are being listed. below or near the assessed land values. Fifteen of the 26 properties are single fam~y h~see. Sale price listings ranged from $53,500 to $82,900. They ranged from $9,000 blow land value to $23,000 above land value. Land value is generally in the $60,000 range. The presence of vacant homes/foreclosures on a block is starting to impact the sate prices of open market transactions. Comparing the 2007 and 2008 sales data, sale prices have decreased approximately 23% far single y banes. The total numb of sales of single family residential homes in 2008 from January 1 to July 31 was 154. Of these, 37 sales are considered open market transactions, The remaining 117 are foreclosed, auction, related, bank, etc. and are considered rejected for assessment purposes. The percartage of non market sales is cuuently 754/0 of the total sates. This is an area of concern for the Assessor's office for the 2009 assessment. Page 20 of 19