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April 13, 2009 Regular
CITY OF COLUMBIA HEIGHTS Mayor Garv L. Peterson 590 40th Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Visit our website at wsvw.czeolumbla-lcei~ltt.~mas.us Robert A. G6'illinms Bruce Nawrocki Tnnm~era Diehnr Bruce KeL-enberg City Manager {~~alter 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, April 13, 2009 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 tali the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Associate Pastor Jeremiah Rice, Oak Hill Baptist Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS, RECOGNITION. ANNOUNCEMENTS AND GUESTS A. Recognition of 2009 Columbia Hei ht~ s Nigh School Basketball Team Basketball Team, Head Coach Willie Braziel, Assistant Coach Dedrick Jenkins, Principal Andy Baton, and K-12 Activity Director Mark Corless B. Sister Cities Young Artist's Showcase Winners First Place: Ashley Genedek, Runners-Up: Chris Kantor and Gabe Griffith, Honorable Mention: Thaweesak Mingkwan C. Recognition of Elaina Naman Twin Cities Regional Science Fair winner and competitor in the International Science Fair D. Library Board member recognition Barbara Miller E. Proclamation - 2009 Silver Star Banner Day F, Proclamation - 2009 Arbor Day 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 ofbusiness.) p6 P~ p$ p5 City Council. Agenda Monday, April 13, 2009 Page 2 of 5 A. Approve the minutes of the March 23, 2009 City Council meeting and the Apri16, 2009 Board of Appeals and Equalization. plo MOTION: Move to approve the minutes of the March 23, 2009 City Council meeting. MOTION: Move to approve the minutes of the Apri16, 2009 Board of Appeals and Equalization. p16 B. Acceptance of Board and Con;n;issioi; n;eetii;g minutes MOTION: Move to accept the February 25, 2009 minutes of the Park and Recreation pig Commission meeting. MOTION: Move to accept the January 27, 2009 minutes of the HRA meeting. p24 MOTION: Move to accept the February 24, 2009 minutes of the EDA meeting. p28 MOTION: Move to accept the March 3, 2009 minutes of the Library Board meeting. p31 MOTION: move to accept the Apri16, 2009 minutes ofthe Traffic Commission meeting. p33 C. Approve Submission of Grant Applications MOTION: Move to approve the Police Department to submit grant applications for the COPS p37 Hiring Recovery Plan, the Edward Byrne Memorial Competitive Grant Program, and the Edward Byrne Memorial Justice Assistance Grant (JAG). D. Approve Resolution #2009-40 Correcting the 2009 Budget 270-42160, Police Community p39 Programs MOTION: Move to waive the reading of Resolution 2009-40, there being ample copies available to the public. MOTION: Move to adopt Resolution 2009-40, a Resolution to Correct an Inconsistency in the Police Department's 2009 Budget, Fund 270. E. Approve LED Signage for the Liquor Store on Central Avenue p43 ran'rTn~.1: 1`" ~ ~r t ~~~,, b •+ ~;,, > >: *•,,,, *„ *r vl .e. lulu i ivi viove ~o ati~ iorize s ail ~v su miu a condi«vna~ use appiiGa~ivii ~v ~ ie i arming .x. Zoning Commission for the installation of LED signage in the monument sign at the liquor store located at 4950 Central Avenue and to authorize the purchase and. installation of the sign in an amount not to exceed $35,000.00. F. Annrove traffic modifications along 41st Avenue from Jefferson Street to Central Avenue for the Public Safety Building p49 MOTION: Move to approve the following traffic modifications along 41st Avenue from Jefferson Street to Central Avenue, based on the recommendations of the Traffic Commission: Install "All-way Stop" signs at 41st Avenue and. Jefferson Street, and. 41st Avenue and Quincy Street. Install "Stop" signs at 41st Avenue and Madison Street, and 41st Avenue and Monroe Street, stopping traffic on Madison and Monroe Streets, Designate "No Parking" on the south side of 41st Avenue from Quincy Street to Central Avenue, existing funeral parking from Quincy Street to Jackson Street to remain. Designate "No Parking" on the north side of 41st Avenue from the alley east of Quincy Street to the alley west of Central Avenue. Designate "30 Minute Parking" on the north side of 41st Avenue from the alley west of Central Avemte for 65 feet to the east, and designate "No Parking" on the remainder of 41st Avenue east to Central Avenue. 2 City Council Agenda Monday, April 13, 2009 Page 3 of 5 Designate Jackson Street "Two-way" from south of 42nd Avenue to 42nd Avenue. G. Adopt Resolution 2009-48, being; a Resolution authorizing the cleaning and lining of 5,150 lineal feet of water main under the Minneapolis 2009~rogram, City Project No. 0903 psl 1ViCJT1(1N; MrJyP to yyaive the reai{ljn~o of T2ec~lUtinn 2f1Q9_d52~ there Ijr`in~a ample rntr}iec a'vailablc for the public. MOTION: Move to adopt Resolution 2009-48, accepting the Feasibility Report far the 2009 Water Main Cleaning and Lining Program and ordering the Public Improvement for water main cleaning and lining of pipe totaling 5,150 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2009. H. Reissue license to operate a rental unit(s) within. the City of Columbia Nei hg is against 4145 5th Street as Property Maintenance Code issues has been. resolved. p6o MOTION: Move to issue arental-housing license to Terry T. Martin to operate the rental property located at 4145 5th Street N.E. in that the provisions of the Property Maintenance Code code have been complied with. Approval of the attached list of rental housing license applications, in that they have met the p61 requirements of the Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for April 13, 2009. Approve Business License Application p66 MOTION: Move to approve the Cigarette/Tobacco License for Fouad's Inc. located at 4110 Central Ave NE, pursuant to applicable standards found in MSA 114.411 to 114.417 and Article III of the City Code. K. Approve Business License Applications p76 MOTION: Move to approve the items as listed on the business license agenda for April 13, 2009 as presented. L. Approve payment of the bills p~9 MOTION: Move to approve the payment of the bills out ofthe proper fund as listed in the attached register covering Check Nwnber 129728 through Check Number 129969 in the amount of $1,376,732.67. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. First reading ofOrdinances 1563 and 1564, being Ordinances for the issuance and sale of pes approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009 and issuance and sale of approximately $930,000 General Obligation Taxable Tax Increment Financing Bonds Series 2009B. MOTION: Move to waive reading of the Ordinances No. 1563 and. 1564, there being ample copies available to the public. MOTION: Move to schedule Apri127, 2009 at approximately 7:00 p.m. in the City Council Chambers foi• the second reading of Ordinance No. 1563 being an ordinance providing for the issuance and sale of approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009A. City Council Agenda Monday, April 13, 2009 Page 4 of 5 MOTION: Move to schedule Apri127, 2009 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1564, being an ordinance providing for the issuance and sale of approximately $930,000 General Obligation Taxable Tax Increment Financing Bonds, Series 2009B. B. Second Reading of Ordinance 1448, Reuarditie Aboiishijsa Police and Fire Civii Service n99 Commission MOTION: Move to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. MOTION: Move to adopt Ordinance 1.558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. C. Adopt Resolution No. 2009-46, being a Resolution ordering and levying one alley light, PIR plo4 677-42 MOTION: Move to waive the reading of Resolution No. 2009-46, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-46, being a Resolution ordering and levying one alley light located between 5235 and 5241 6th Street, known as PIR 677-42. D. Approve Orders Declaring 3723 Polk Street a Hazardous Building pio9 MOTION: Move to approve orders declaring the property located at 3723 Polk Street a Hazardous building. E. Approve orders declaring structures located at 3701. Jackson Street a Hazardous Building pil9 MOTION: Move to approve orders declaring the buildings located at 3701 Jackson Street a Hazardous building. F. Adopt Resolution 2009-39, being; a Resolution approving the acquisition of property located at 4606 Palk CtrePt NF n140 MOTION: Move to waive the reading of Resolution 2009-39, there being an ample amount of copies available to the public. MOTION: Move to adopt Resolution 2009-39, a Resolution approving the acquisition of property located at 4606 Polk Street NE; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. G. Adopt Resolution 2009-47, Approving terms of Inter-Fund Loan in connection with K- pin mart/Central Avenue TIF District Move to waive the reading of Resolution 2009-47, there being an ample amount ofcopies available to the public. Move to Adopt Resolution 2009-47, a Resolution Approving the terms of Interfund Loan in connection with IL-mart/Central Avenue TIF District. H. Adopt Resolution 2008-41, 1.022 42-1/2 Avenue N.E. being; a Resolution approving rental pi~4 license revocation. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-41, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-41 being a Resolution ofthe City Council City Council Agenda Monday, April 13, 2009 Page S of 5 of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental Picenses listed. I. Adopt Resolution 2009-42, 1037 Gould Avenue N.E. being a declaration of nuisance and Pz~~ abatement of y?olatlonS ~x~zrhm the Cite? of Co~umbia I-1e.~hts 1'riOTION: Move to close the public hearing and to waive the reading of Resolution Niunber 2009-42 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-42 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 properties pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations Adopt Resolution No. 2009-44, being a Resolution accepting bids and awarding a contract far 2009 Street Rehabilitation and Alley Reconstruction project Paso MOTION: Move to waive the reading of Resolution No. 2009-44, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-44 being a resolution accepting bids and. awarding the 2009 Street Rehabilitation and Alley Reconstruction, City Project #0902 to _ based upon their low, qualified responsible total bid in the amount of with funds to be appropriated f•om Fund 415-50902-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. C. Other Business S. ADMII~TISTRATIVE REPORTS Report of the City Manager Report of the C„it~y' Attoriie~' 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. COUNCII. CORNER 11. AD.IOU E T ~ ~ ~r w ~/~Ti/, Walter R. Fehst, City Manager WF/pvm 2 Columbia Haighis & Fridley Sun-Fiscus -Thursday, Aprit ~, 2009 - www mn5un.wm In the Community, With the Community, For the Community ^ .. ~ pe e'n .a ^ ,~ 1 ! ~rn~ ~®n~ ." ~ ~ r~rt~ f~~r ~ s. zergy, eervng BY KASSIE PETE SUN FOCUS and Enviro World Ei Enguz ' nment Project Olympiad ~I- pid atl con strain that has the highest li ' tent or-fat conten#. She narrowed down , A student with a love of science and an ' SWEEEP); Hamann is eligible to compete , the largest science'fair of -its kind. The iri able world ' t i su her findings to three Muiiiesota, stlrains and ane strain i'rom New Zealand: Mike . , s a n interest in achieving a will compete "against :other young . scien- international science fair will take place said the Minnesota lipid oil' cont ' ound the world -April 15-2 in Houston,' tists-from ar ~ ~ ° aland lipid belaw'4 percent and.the New Ze on ocused ',Phis February Elaine Hamann, a sopll ~' T~[amaiin's research proj f Anthony Village High School ` the question, "Can algae be converted into, omore at St oil. content was bout 35 peT~n a Elaine converted algae into biodiesel . and a Columbia Heights resident, won,six biodiesel?" . ,.. "She, was .interested. in ~5.gurang out,,, " first-place awards and a participation txro- by extracting the oil from the algae and adding a combination of methanol, and , phy at the Twin Cities Regional Science . :what to"do-about the energy, crisis,,', said' Elaisia.'s father. 'one of the awards she `Mike Hamann B i lye, which separated, the . glycerin, a by- product,' ;'from the diesel fuel itself. , ecause Fa r. received was from the International Elaine tested algae; strains to laid-the , . N Through a series of cleranings, Elaine was able to. filter out the byproduct; .which . ~: ~IUOmrr reu rnuru resulted impure fuel ~ Elaine Hamann, a St. Anthony Village High School "She. hues science," ,said Mike. "It's. . sophomore .and Golumbia Heights resident, will great that she has: an;interest in it: Tt real- ~ . compete at an international science fair in ly helps with her cc~onniinunication skills. •- .Waustan, Texas this manth. Not everybody .cati stand in front pf, a cou . , plc Ph.D. professors and answer^ those: review of scientitTr literature,. scientific questions right „ method, research skills and effort, creativ- "Elaiiia is an exti`aoidiiiary•. student, " ' ity, understanding; and quality of display. who has set ,an 'amazing,^ standard: i'or , .A .percentage, of participants in the achievement in toe scien:faili" said'iloin . senior division, grades 'nine through 12, Keith, St. ` Anthony Village -High; School.: `can e: receive collage ",scholarships and principal, "I.am so proud that she;Will be ,'.financial awards in. categories; .including: able to compete intheworldsciencefair.It, ,gold; $i,00U; silver, $750; bronze; $500; hon- will be such a unique oppgrtunitsc>' arable mentaon,.$200: This month'academic leaders; industry ; ' Before competing' in file international professionals and`,researcliers, will judge ' science'fair,'lJla,ina competed in the State the science'projects fiom other:states and , , Science, and Engineering,Fair in'St. Paul countries based "on criteria including from March 29-i31, 6 THE CI"I°Y OF CO~~I~~I~ HEIGHTS DOES HEF:]EBY ACI~:NOWLEDGE THE VOLL:T~~TTEER EFFORTS OF BA~.RBAF:A MILLER FOR HER MAr~'Y ~C.'E1~-RS OF SERVICE ON THE COLUMBIA HEIGHTS LIBP:ARY BOARD OF TRUSTEES F O~ G Y z. PTRS PROCLAMATION 2Q09 S~~ei ~ta;r Ba]ffiue;r ~a, City of Columbia I~eights WHEREAS, the City of Columbia Heights has always honored the sacrifice of the men and womenrn the Armed Forces, and; WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner and Flag, and; WHEREAS, to date The Silver Star Families ofAmerica has freely given thousands of Silver Star Banners to the wounded and their families, and; WHEREAS, the members of The Silver Star Families of America have worked tirelessly to provide the wounded of this City and Country with Silver Star Banners, Flags and care packages, and; WHEREAS, The Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacriCced For this City, State and Nation, and; WHEREAS, the people of Columbia Heights wish that the sacrifice of so many in our Armed Forces never be forgotten NOW THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby proclaim: My appreciation of'T'he Silver Star Families of America and honor their commitment to our wounded Armed Forces members. 1 hereby declare May 1st "SILVER STAR BANNER DAY" the permanent and official day to honor the wounded and ill Soldiers of the City of Columbia Heights. IN TESTIMONY WHEREOF, I have hereunto set my hand and. caused to be affixed the Great Seal of the City of Columbia Heights in the State of Minnesota this day 13th day of April, 2009. Mayor Gary L. Peterson PUBLIC WORKS ! CENTRAL GARAGE ! SEWER/WATER ! ENGINEERING ! STREETS ! PARKS ARBi3R DAY -ARBOR MON T H PROCLAMATION WHEREAS: In 18'72, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WI~REAS: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving ozygen, and provide habitat for wildlife, and WHEREAS: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and WHEREAS: trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS: trees, wherever they are planted, are a source of job and spiritual renewal. NOW, Tai R~F~lI2Ti'.~ I~ f'art' Pe+ergr~n~ Nlay nr ~f the f ~~ of f ol~.:mbia Hpighte~ r~ln hereby proclaim April 24, 2009, to be ARBOR DAY AND THE MONTH OF MAY, 2009 TO BE ARBOR MONTH IN THE CITY OF COLUMBIA. HEIGHTS, MINNESOTA FUl?TIIF~R: I urge all citizens to plant trees to gladden the hearts and promote the well- being of present and future generations. DATED: This 13th day of April, 2009 Mayor Gary Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 23, 2009 The f^vli^v`vving ar:, the iniiut.°JS fv^r tiie regular ii~eeiing of ti'ie City Cvui'iiJii heid at ~:~~ p.iii. on itiioi'ida'y', March 23, 2009 in the City Councii Chambers, City Hali, 590 40th Avenue i~t.E., Coiumbia I-ieights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember, Nawrocki, Councilmember Kelzenberg Absent: Councilmember Diehm PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki stated his ability to bring up items being considered and what actions the Council has discussed.. It is important to get items on the record, such as liquor store profitability. Williams stated that we are not withholding information. Each Councilmember can bring up any item. It is a matter of timing. Nawrocki stated that work sessions are not on cable. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Reco mg 'tion -Samantha Bloodsaw and Markus Goff, first place winners in the Regional Jr. NBA/Jr. WNBA competition Liz Bray, Recreation Coordinator, stated that on March 9t", seven Columbia Heights 9 to 14 year olds competed in the NBA/Jr. WNBA challenge regional competition. We had two first place winners, Markus and Samantha. Markus was present. Councilrnembers asked Markus questions about basketball. Bray stated that Markus's father, Aaron Goff, gives many volunteer hours to our community. Peterson. stated his excitement about the new gym for our students. Peterson listed the Heights Idol competition dates and the third annual Young Artists competition. There are stilt openings in the spring break youth trips. Peterson indicated that the Recreation Department does a wonderful jab on these programs. B. Proclamation - St. Timothy's Lutheran Church 50th Anniversary Mayor Peterson read the St. Timothy's Lutheran Church 50`" Anniversary proclamation for Saturday and Sunday, Aprii 4t~' and 51''. Rita Daniels and MaryAnn Kennedy accepted the proclamation and thanked the City Council for tl7e recognition. Peterson referred to the Columbia Heights basketball team win on Friday night. T11ey will be invited to attend the next Council meeting. Jeff Bahe presented, on behalf of Jeff`s Bobby and Steve`s Auto World, a check for $1,000 to help build the police and firefighter statue. He stated his pleasure to have Chief Nadeau in our community. Peterson indicated this will be a gold sponsor. We are now at 20 percent of our goal and there will be other fundraisers. The polka dance portion of the fundraiser was by recommendation of our Police Chief. ~o City Council Minutes Monday, March 23, 2009 Page 2 of 6 CONSENT AGENDA Nawrocki requested to remove A, B, D, and G for discussion. City Manager Walt Fehst took Councilmember through the Consent Agenda items: A. Approve minutes of the March 9, 2009 City Council meeting -removed. B. Appointments to Boards and Commissions -rem C. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund re: Off-Duty Employment Assignments Motion to transfer the $1,075.60 received from Unique Thrift and the $2,940.95 received from CHHS for a total of $4,016.55 from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. D. Authorize Public Safety Facility Gun Range contract with Range Systems, Inc. -Removed E, Approval of the attached list of rental housing license applications. in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for March 23, 2009. F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for March 23, 2009 as presented. G. Approve payment of the bills -Removed Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the exception of items A, B, D, G. Upon vote: All ayes. Motion carried. A. Approve minutes of the March 9, 2009 City Council meeting Nawrocki corrected his vote regarding the pedestrian. bridge on page six to "nay". Motion by Williams, second by Kelzenberg, to approve the minutes of the March 9, 2009 City Council meeting. Upon vote: All ayes. Motion carried. B. Appointments to Boards and Commissions Nawrocki asked. if there were other applicants for these positions. City Clerk Muscovitz indicated there were applications for two commissions that do not have current vacancies. Nawrocki indicated that he would have Liked to have seen more information in the City newsletter. Motion by Nawrocki, second by Williams, to reappoint Catherine Vesley to a three year teen on the Library Board, Michael Peterson to a four year term on the Plam~ing and Zoning Commission, Robert Peltier and. Rueben Ruen to two year terms on the Telecommunications Commission, Kevin Doty to a four year term on the Traffic Commission, and Harold Netkow to a three year term on the Police and Fire Civil Service Coanmissian. Upon vote: All ayes. Motion carried, 11 City Council Minutes Monday, March 23, 2009 Page 3 of 6 D. Authorize Public Safety Facility Gun Range contract with Range Systems, Inc. Nawrocki question if this was previously approved. to go out for bids. Fehst stated yes. Nawrocki referred to the cost increase of the Architect's contract. Fehst stated the additional $30,000 was for the building size increase. Motion by Kelzenberg, second by Williams, to authorize the Mayor and City Manager to enter into a contract with Range Systems, Inc. to design, supply, and install the gun range equipment at the Public Safety Facility at a cost of $129,979.00. Upon vote: All ayes. Motion carried. G. Approve payment of the bills Nawrocki again referred to the additional $30,000 paid to Buetow for architectural work. Fehst stated this addition was for the building size increase from 39,000 to 41,000 square feet. They had requested a higher dollar amount, but this is the final amount agreed upon. Nawrocki referred to the cost increase for putting together the City newsletter. He referred to the annual police report production cost of $65 and indicated we should consider using that service. Motion by Kelzenberg, second by Williams, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129456 through Check Number 129727 in the amount of $1,991,369.15. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2009-43, 1214-16 Cheery Lane N.E. and 2009-45.4145-47 5th Street N.E. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Chief Gary Gorman stated that neither property has submitted. renewal applications. Nawrocki stated that from the initial properties listed 4420 Jefferson is a foreclosed property and the 7t" Street property is a mess. He asked if foreclosed properties have to be inspected by the Building Official. Gorman stated that any change of ownership has to go through the Building Official. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-43, and 2009-45 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-43 and 2009-45 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. ITEMS FGR C®NSIDERATI®N A. Other Ordinances and. Resolutions 2nd Reading of Ordinance 1561, being a Zoning Amendment as it relates to suns in the Desi~ Overlay District. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1561, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1561, being an ordinance amending Ordinance No. 1490 City Cade of 2005, relating to signage in the Design Overlay District within the City of Columbia Neights. 12 City Council Minutes Monday, March 23, 2009 Page 4 of 6 Nawrocki stated that he indicated at the last meeting there were three signs in the city in violation of the ordinance, with moving information. The Northeast Bank and the Credit Union are now in compliance. Auto World still has a moving sign. Fehst stated that we are looking into an LED sign for one of our liquor stores. Moving signs would be in violation of our current ordinance. Upon vote: Nawrocki, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4 ayes. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Attorney -nothing to report Report of the City Manager Fehst stated the high school is re-invigorated by the current basketball team and their coach. Nawrocki commended the Police Department on the good job they are doing with graffiti control, but they missed the graffiti on the old Root building. He stated that he is still looking for information on the Liquor Store profits. Fehst stated that sales are over $300,000. CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, stated that Oak Hill Baptist Church would like to put up a new larger two-sided sign because of the size of their facility and the potential for blocked signage by the new trees planted by the State. She requested the city review the current sign ordinance. Fehst asked that a representative of the church come in to speak to the City Planner regarding a variance. Schmitt stated that tomorrow is the Empty Bowls event and her birthday. COUNCIL CO R Kelzenberg ® Read an item from the Police section of the green sheet. Good job Officer Piehn! • Watch out for motorcycles and scooters. Williams Referred to the nice job on the printed police report. This is the first one he has seen. Fehst stated it is done yearly but this shows how noticeable things are when done nicely. The officers and firefighters did an excellent job promoting the fundraiser. Read the Liquor Store profit information from the green sheet. Nawrocki • The green sheet did not indicate the $300,000 profit of the Liquor stores. • Referred. again to coupons collected by the VFW, which are sent to our troops over seas. • Property tax statements -his tax went up 19.6 percent. In Fridley it would have been $400 less. Remember this does not mean a decrease if levies are increased. If you have questions, the City Board of Appeal and Equalization will be held on Monday, April 6 at 6:00 p.m. Requested total valuations for both residential and cotnmercial property tax base in the community for the existing year and the coming year, and information on increases in past 13 City Council Minutes Monday, March 23, 2009 Page S of 6 due taxes. Fehst stated residents should look at the blue sheet from the Countw for what their property value will be next year. • City attorney ought to contribute to employee salary turn back. He is listed on cable T.V. under city staff. Police Chief Scott Nadeau thanked the elected officials, residents, family, and friends for attending the fundraiser. The Mayor put in a lot of work, and we are at 20 percent of our goal. The great dinner was donated by Tasty Pizza. It was a great opportunity to interact with our public service officers. Peterson • Thanked residents and donors for contributing to the statue fundraiser. A lot of local businesses were contacted by mail. They donated silent auction items and bought tickets. He also visited businesses in Northeast that donated. He thanked his family and friends for helping in the kitchen. Everyone had a wonderful time. There will be a pancake breakfast fundraiser at the Applebee's on Central Avenue in April. The sale of coins and bricks will be ongoing. • Empty Bowls fundraiser for SACA will be held on April 24`h at Murzyn Hall. • Told of speaking to a Marshall MN serviceman. Peterson's granddaughter just came back from doing a USO tour. Keep our service men and women in your prayers. • Don't take yourself too seriously and do a random act of kindness. ADJ®>IT>t~T1VI>EN~' Mayor Peterson adjourned the meeting at 8:03 p.m. Patricia Muscovitz CMC City Clerk ~waa~ii.1J i i^vl~~ ~®a~i-Ya 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 Shemica Riley (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1214-16 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 March 9, 2009 of an public hearing to be held on March 23, 2009. 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 January 15, 2009, 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 March 9, 2009 inspection office staff reviewed the property f le and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303IA}. 14 City Council Minutes Monday, March 23, 2009 Page 6 of 6 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8863 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered b_y 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 2009-45 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A} of that certain residential rental license held by Terry Martin (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4145-47 5`h 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 March 9, 2009 of an public hearing to be held on March 23, 2009. 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 January l5, 2009, 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 March 9, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article 111 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 F8782 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 »remises within 60 days from the frst day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO. 1561 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1.490, CITY CODE OF 2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article 1, Section 9.113 (D)(4)(a) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.113 OVERLAY DISTRICTS. (D} Design rJverl~y~ District. (4}Applicability of design guidelines. (a) Design guidelines shall apply to all nonresidential, mixed use and/or multi-family buildings, and to the following activities: 1. New construction; 2. Any exterior changes, including repainting, with the exception of replacement or repair o[~existing materials; 3. Any intenial remodeling or expansion activity that increases the overall size of the building by 10% or more; 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; 5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be handled administratively, as deteranined by the City Planner. Section 2m This ordinance shall be in full force and effect from and aftea- 30 days after its passage. 15 OFFICIAL PROCEEDINGS CITY OF COLUMBIA BOARD OF APPEALS EQUALIZATION APRIL 6, 2009 The following are the minutes for the BOARD OF APPEAL .C AND E~UA1.17AT1QN fir the ('ity of Columbia 1-Ieights City Council held in the City Council Chambers, City Hall, 590 ~Oth Avenue N.E., Columbia Neights, MN. BOARD OF REVIEW ROLL CALL Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Tardy: Councilmember Williams, STATEMENT OF PURPOSE OF THE BOARD OF REVIEW To review property valuations as of January 2, 2009 for taxes payable 2010, and to hear appeals from citizens who feel aggrieved. or have questions regarding property valuations. INTRODUCTION The City Manager will introduce the Anoka County Appraisers. • Jim Rouleau -Senior and Commercial Appraiser • Mike Ducklow, Principal Appraiser • Mike Brown, Residential Appraiser Fehst stated that we contract with the county to do our assessments on an annual basis. Peterson stated this is for assessments of 2009, for taxes payable in 2010. Brown stated this is the 2009 assessment (the blue sheet) not for taxes. He read from page 3 /of~f the Board of Appeals book given to the city coyuncil. Dates covered are 10-1-07 to 9-31- ~f8 ~ om ariiis length transaa.tions. 2v percent of fife properties are visited each year. The sales used are a year behind. They follow the market. As of 1-2-09, there were 7,589 parcels in the city. During 2008 there were 28 new homes reviewed. The Board of Appeals must be completed within 20 days. Past assessments can not be reopened. A property owner must appear at the local level prior to attending the County Board of Appeals. Brown gave sale statistics. He referred. to the growth in property values over the years and the reduction in 2009. There was a .08 percent drop in value this year. He referred to the sales ratio. Foreclosures are disqualified, which is the current policy of the county. Diehm stated that tl~e Wright County Assessor has petitioned the State to include some foreclosure properties, as it does not significantly affect the overall total. We have a high rate of foreclosures in Columbia Heights. Ducklow stated the Department of Revenue has contacted the county and stated that they can petition the state to include a property. We did not do that for this sale period. Diehm stated that if our arms length sale amounts are low, it may help to include these. Nawrocki questioned if values were lowered in the Innsbruck area because of one sale. Brown stated that he physically went through that area and equalized the area. Columbia 1-leights has not reached the bottom yet. Nawrocki stated that last year the Mathaire area increased and the Innsbruck. area decreased and he brought the county ten sales that were lower. They did decrease this year. Nawrocki stated that his tax increase was $500 and if he 16 would be on the Fridley side of the street, it would have only gone up $100. Brown referred to past and present overall sales. There were 134 qualified sales this year. Nawrocki stated that the foreclosures are not arms length sales. Diehm explained Wright County including some foreclosures. ~JESTIONS AND AI`1SWERS REGARDING PROPERTY VALr TES Randy Valtinson, 5027 7`" Street, stated he purchased a property in Columbia Heights that was a foreclosure. The house has a flat roof, it has no basement, and there is no cold air return. He will not change the roof or add a basement. He referred to the value of another house that did not have the same issues. He stated that he does not have a certificate of occupancy yet. Brown indicated the value on the property is $155,300. Valtinson stated that the property was on the market for six months. Williams asked what it listed for. Valtinson stated it started at $100,000 and he paid $32,500. Brown stated that the last sale was in 2005 for $135,700 and it does not have a basement anal has a flat roof. Brown stated this will be included in the 2010 valuations. Nawrocki asked the land value amount. Brown stated $81,600. Valtinson stated there is an attached garage with no door into the home. Peterson stated he has an empty lot with taxes of $1,100. You appear to have received a good deal. Rouleau stated that we are looking in the past and did not know what the market would be. Next year these sales will be reflected. Diehm stated that next spring this should be reflected. Peterson stated that he knew the tax value when he purchased the property. Mark Sharear, 670 44`" Avenue, stated he has had a lot of foreclosures around his home and listed the lower values that they sold for. He stated that his value is still high. He put $20,000 in upgrades to his lot. Nawrocki asked the value of the property. Mark stated $182,400 on a half lot. Rouleau stated that was the value from a year ago. He stated that if the property can not sell, it is not worth it. Peterson indicated that his house would not sell for the amount it was valued at either. Peterson stated that if the values were decreased the levy would have to increase to cover expenses. Fehst stated that the property would need a variance to be replaced.. Diehm stated. that the building could be replaced on the same footprint. Nawrocki asked if the lot was divided.. Mark stated. it was. Glen Stauffacher, 3929 California and 3825 3"~ Street NE, stated that he owns two commercial lots, and bought the property from the city. He feels the California lot is way over taxed. The first assessment in 2005 was $995,000 with taxes of $34,000. He listed the yearly increases. In 2008 the taxes were $43,000. He has discussed this with the county assessor. He stated the improvements required by the city. He thinks this is unjust and the building is not worth $1.5 million. He listed people that he has had look at the property. On the 3`d Street property, the county says the building is worth $290,000. He stated that he employees 20 people, and two are from Columbia Heights. Fehst questioned if commercial properties have to appeal at this meeting. Rouleau stated that these people figure the City is not qualified to make the determination and they will go to the County for review. Williams questioned the property size. Rouleau stated the building size is 19,154 square feet and the land is a little over one acre. The value of the land is $196,200. Stauffacher stated that he would appeal to the county on this. Rouleau stated that the taxes are not tied to the value. Diehm stated that the tax amount is set in December. Peterson referred to statistics on commercial valuations. Rouleau stated that the only commercial building that sold in Columbia Heights was the bank building. Peterson asked if 17 anyone on the Board would suggest a reduction on this property. Nawrockr stated that the increase will be more in the next city levy and encouraged this gentleman to attend that meeting. Nawrocki stated that Mr. Stauffacher does a good job with his building. L.ee Stai~~h; 1 155 Kl_ayber La_n_e; stated that homes rook a 20 percent drop in value, Only one duplex sold in Columbia Heights for $145,000. He referred to several other sales in the city. He stated his home value was raised in '08 and this year it dropped to $220,000. He stated it should be below $200,000. Peterson asked what property he is aggrieving. Stanch stated the duplex. Diehm stated the value for 2010 will be $183,000. Peterson questioned the Khyber Lane property. Stanch stated 2009 value was $253,000 and for 2010 it is $220,000. Diehm stated the decreases are more than ten percent. Peterson stated that he sees no reason to reduce the values more than this. Brown stated there was one qualified duplex sale and it will be considered in the next cycle. Ducklow stated that all duplex owners will see a decrease in 2010. There is currently no market for them. Ralph Rooney, 4304 Reservoir, stated he has been in real estate in Columbia Heights for 36 years, and stated that it is what it is. You still have to run the city government. He just sold a foreclosed home for $30,000. John Majewski, owner of 3825 Johnson Street, 5109 Washington Street, and 4995 Tyler Street spoke. He list the value of the Tyler property in 2008 at $248,800 and 201.0 it will be $210,000. He stated that his taxes have doubled in the last six years. He stated the fire inspection fees have tripled, taxes have doubled., but rents are going down. He stated that he lives in New Brighton. The Johnson Street property in 2008 was $260,000 and in 2010 will be $199,000. Diehm stated that decreasing the value would only increase the tax levy. Majewski stated that the Washington Street property in 2009 was $259,300 and in 2010 it was $211,000. Peterson stated. that the county assessor will meet with this gentleman. Ducklow stated the final value should be ready next Friday. If the value can not be agreed upon he can go to the county hearing. COUNCIL ACTIONS REGARDING SPECIFIC CASES OR CASES ON WHICH ADDITIONAL INFORMATION IS DESIRED Motion by Diehm, second by Williams, to adopt the 2009 Assessment RoI1s as presented, with. the understanding with the county officials will work with Mr. Majewski. Upon vote: All ayes. Motion carried. Brown read. the name of Dolores Sauers into the record for her condo and garage at 1011. 41st Avenue, unit #303. Mayor Peterson adjourned the meeting at 7:40 p.m. Patricia Muscovitz, CMC City Clerk ~s City of Columbia Heights Park and Recreation Commission February 25, 2009 Tom Greenhalgh called the meeting to order at 6:33 p.m. ROLL CALL Members present: Tom Greenhalgh; Stan Hoium; Kevin McDonald; David Payne; Marsha Stroik; Gary Peterson, Mayor; Kevin Hansen, Public Works Director; Keith Windschitl, Recreation Director APPROVAL CONSENT AGENDA Motion by Stroik, second by Hoium, to approve consent agenda. Upon vote: All ayes. Motion carried. LETTERS AND REQUESTS A. Request for the down payment to be refunded on a canceled JPM rental due to a death in the family Windschitl indicated this rental is on a Thursday evening in June. He had received a phone call from this party stating there were problems with the caterer, a few weeks later they called. regarding the death of the bride's father. Windschitl has seen an increase in these types of situations from other cultures suspending celebrations after a death. In light of the budget situation he does not suggest deviating from the policy. Windschitl. recommended not giving a refund but offering another date to transfer the rental to. Hoium stated that the budget crisis should not be a factor and believes that this group has given ample notice for a refund. Stroik indicated that the letter and. obituary are contradictory in when the funeral is taking place. She is not opposed to re-renting Murzyn Hall within in the same calendar year. Payne asked why the hall was rented on a Thursday and if they are rented. Windschitl stated that the $500 payment is the down payment to go towards the .x/hole rental fee. He stated that the pol~c j' states that do~a/n payments are not refundable. Payne indicated how he can see both sides of this situation and is unsure of what to do. You need to have a policy in place to deter people from reserving and not following through on a rental. Windschitl indicated that this situation is slightly different because it is a Thursday and not the typical Friday or Saturday rental. With this date being a Thursday it would most likely not re-rent. Stroik stated that when trying to remain true to the policy in place should it matter what day of the week it is. She indicated problems might occur by opening up the policy where any one can cancel at any time and not follow through with a rental. Hoium indicated that each case is made on an individual basis and precedence is not being set by this decision. McDonald agreed. Windschitl agreed. Motion by Hoium, to give half of the down payment back ar offer the whole payment to go towards a future rental date. No second. 19 Park & Recreation Commission 02/25/2009 Page 2 Motion amended by Hoium, second by McDonald, to give half of the down payment back at a total of $250. Roll call vote: Greenhalgh, aye; Hoium, aye; McDonald., aye; Payne, abstain; Stroik, abstain. Upon vote: 3 ayes, 2 abstain. Motion carried. B. Request for a reduction in the rental fee for the Life Line Screening_gr, oup Windschitl indicated that this group has rented a room at JPM about once a year. With this group being a return rental he would recommend a 25% discount if they were to rent the space any time after 12:00 noon because we would have a full rental in the main hall beginning at that time. If this group wanted to rent the space any time prior to noon he would recommend a full rental rate. Peterson stated. that he had this screening process done and they do charge for each screening. Windschitl withdrew his discounted rate recommendation. Motion by Hoium, second by Stroik, to charge the full rental rate to the Life Line Screening group. Upon vote: all ayes. Motion carried. OLD BUSINESS A. 2009 budget reductions/reduced hours at John P. Murzyn Hall Windschitl informed the Commission that the attached letter recently went out to users of JPM. He indicated that this was a tough decision for the Council Members and it will be difficult for office staff regarding scheduling. As part of budget reductions the goal is to reduce staff by $17,000. The building will be closed down if there is not a paid rental or a recreation program in session. Windschitl indicated that it would be difficult to cover staffing costs from different groups in one night just to stay open for an hour or two. Current recreation. programs run sessions on Tuesday, Wednesday and Thursday evening. Windschitl indicated that the civic or fee waived groups currently using JPM will have the option to reschedule use of the building within the hours of the recreation programs and there will be no charge. The letter indicates this policy will go into effect April 1. Windschitl indicated that these are great civic groups; we enjoy working with them and viii continuC to work with them. ~v~Jl'ic;nevcr grvi.IpS use ait area iii JPI`v~ there iS ci%aiiup required after each use. By reducing JPM use this will c~,it nighttime and early morning staff hours. Windschitl indicated that if groups are requiring a specific night or hours above the in-house programs it will have to be looked at case by case, and a fee would be charged for additional hours. Hoium asked if it would be difficult to kick programs out of the building? Windschitl replied that permits will be set up with groups ahead of time and if they continue past the allotted time frame they would be billed back for the additional hours. He stated. that by using the nickel and dime mentality is not going to cover the projected $17,000. Hoiu-n stated that charging a fee for hours used to cover staff casts and building operations is not unreasonable. Windschitl added. that because there are multiple groups using JPM and they do not always wine every week it will be difficult to keep track. NEW BUSINESS A. Review of Citywide Pedestrian and Bicycle Mobility Plan. Haizseiz reported that a Citywide bide trail and pedestrian plan was funded through a grant from Blue Crass Blue Shield Active Living Commutlity Grant program, over a year aga, 2d Park & Recreation Commission 02/25/2009 Page 3 There has never been a bike trail and. sidewalk plan. for the City. This looked at incorporating active living principles, which includes items that are beneficial to the community. Hansen indicated that with an approved pedestrian plan, grant funding for City projects is now available. Hansen stated there is two big benefits that resulting from this process. It gives the City the necessary plan to support applications going through State or Federal means. It also gives staff a working document, that will change over time and update as funding or needs change to fit the needs of the community. Blue Cross has approved this plan and the next step is for the Commission to submit input on the plan approve it and send it on the City Council for approval. Staff is trying to integrate some of these recommendations into work being done in 2009. For example in Zone 4 recommending new sidewalks to connect up with main corridors or connections to common areas like parks. Fridley is interested in working together on this plan to make those kinds of connections. Hansen indicated that bike trails could be done in the parks, but are difficult to incorporate into a fully developed community. One of the least impactfial and least costly ways to do bike trails in the City is to designate trails by painting the lines on the road. One idea is on Stinson Blvd.. to make a connection up to the park with a trail down the sliding hill to 37`" Avenue. St. Anthony Village has done some striping on Silver Lane that is three feet wide. MNDOT recommends five feet wide for at-grade routes. This is now a new and separate element in our Comp Plan, currently under development and review submitted to Met Council. This is a guiding document for future improvements and when applying for other funding sources. Stroik asked. if the sidewalks have looked at in St. Anthony Village. The sidewalks include pedestrian/bike lanes. Hansen replied that striping on trails create maintenance needs and enforcement issues. He suggests the best solution is to create a trail that is wide enough to accommodate bath a bike and pedestrian trail. that is 10 feet wide. Where there are existing sides=~alks the trial would reed to be an additional fve to six feet wide for snow plow equipment. to fit. In Zone 4 on 7`" Street the area was looked at in making that connection as a sidewalk or striping a lane on 7t" street. No comments were made on striping a Iane, but residents did. not like the sidewalk. The issue was not paying for the sidewalk because the recommendation is for the City to pay for it, but residents did not like the maintenance issue of the sidewalk. This mainly includes shoveling by the adjacent property owner. The whole concept of actively living is trying to promote people getting out and. walking or biking in the community. Hansen indicated that in the future paved bicycle trails are most likely to happen within City parks, and fitting segments in existing areas is most likely by striping traits on streets. Stroik indicated that this brings up safety issues especially on streets like 49`" Avenue or 40t1' Avenue. McDonald agreed that 40t" Avenue doesn't even have a sidewalk from First Lutheran down to 40`", Hansen stated that Fridley does not stripe a lot of their trails, but placed additional signs that say bike route. Peterson replied. that residents on 44t" Avenue fought the installation of the sidewalk and afterwards made comments that it is the best thing for them. He indicated that the area on 37t1i is rot a walkable community and has na connections. Peterson stated that walking on the street is not conducive to being 21 Park & Recreation Commission 02/25/2009 Page 4 comfortable especially in our climate during the winter. He feels that if there is resistance to new sidewalks that people would change their opinions after they have the sidewalks and see the benefits. Hoium asked if the property owner typically get assessed for the sidewalk. Hansen replied that in the past the property owner was always assessed for sidewalk. In this proposal to get the project moving along, in Zone 4 during the first year the infrastructure fund would pay for the installation. Peterson asked if Blue Cross paid for all of the money towards developing the plan. Hansen replied yes they did. It costs $23,000 to go through the whole process with no money from the City. Stroik indicated that she spoke with a resident who bikes an average of 2,000 miles per year. This person felt that the grades on 40`", 49t" and University Avenues were too difficult to be a family bike trail. They suggested. an alternate bike route on Main Street with the main issue being traffic and safety. Hansen indicated that the only area on University with a grade issue is on 44t" Avenue, other wise there isn't very much that can be done regarding grading on current street. Stroik indicated the need to create routes that take people to where they need to be going. A family route would be like one on Central Avenue taking people to the restaurants, Menards, Target and the grocery store. Hoium indicated the need to assess how many miles per dollar that you get and are you better off putting two miles of not perfect trail verses one mile of perfect trail. Stroik replied that the trail needs to be bike-able or it will not be used. Motion by Hoium, second by Payne, to recommend to the City Council to adopt the Pedestrian and Bicycle Mobility Plan. Upon vote: all ayes. Motion carried. REPORTS A. Recreation Director Windschitl reported the current Heights Happenings newsletter will be the last full color issue. F iiti.tre iSSiieS viii be iii Mack aiid white priiat di.ic to a CvSt Savings of $2,2vv- $2,300 per issue. In the past it was closer to $600 and has recently increased. Windschitl indicated that the April 22"d meeting is the same night as the Booster Athletic Banquet and would like to move the meeting time up. He asked if the park cleanup night was that same evening last year. Hansen indicated that last year the cleanup night was in May, which was a Little too late. The members decided to determine a cleanup night at the March meeting. Windschitl stated that the Park and Recreation Meeting for April 22°d would start at 5:30 p.m, Windschitl stated that the wood floor is being installed in the City Ciyin. He invited the Commission to tour the gyro on Friday afternoon at 2:00 p.m. Hoium asked. if the building was under budget. Peterson replied the process is on budget but not on time. The estimated finish time was the third week of March and is now talking about the third week of April. Windschitl indicated there were delays on some things Like the roofing process when it was really cold. Hoium asked if thei°e was going to be an opening event. Peterson indicated that there would be a grand opening event. 22 Park & Recreation Commission 02/25/2009 Page 5 B. Public Works Director/City En tg'neer Hansen reported that all products have been ordered for the Huset Park shelter. Delivery is expected towards the end of March with construction to begin the 2°° or 3`a week of Apri 1. Hansen meet with Jeff Bahe from Jeffls Bobby and Steve's Auto World. They are still planning on providing a Park donation but the process has changed to a $25,000 donation and trying to raise $25,000 by donations. Stroik indicated that she saw Steve on channel 11 talking about their foundation building the biggest and best playgrounds in Columbia Heights and Bloomington. Peterson indicated that the School District has approached them about donating money to them. Hansen indicated that the original proposal from the Auto World foundation was to give the City $50,000 for Park playground equipment with community input. Staff prepared plans and bids for that amount on equipment only. Bids were taken. on preparing all of the land for putting the playground in which is $35,000. Part of the work would be done in-house but there are costs for putting in concrete curb, woodchips, protective padding and more, The whole cost was estimated at $85,000. C. Commission Members Greenhalgh asked about the status of the pedestrian bridge on 49t" Avenue. Hansen replied that he would be approaching the City Council to begin work on the design end of it in order to go after federal funding. Hansen applied for this bridge for federal stimulus money and the City has made all of the cuts in this process to date. The final decision should be made shortly. Stroik asked if the Commission would be interested in conducting another spring clean up like the group did last year. Hansen suggested this be done some time in April. Stroik suggested ~z~nrk.ng nn CjlYer T ake Parl{. Peterson suggested clearing an area of Hart Lake to make the lake viewable as people drive by. Stroik asked who owns Hart Lake. Hansen replied that the riparian rights go into the residential area along the lake and that the City owns the corner along 3711' Avenue and Hart Blvd. The new developer, New Perspectives, has set aside $25,000 of their money allocated to do a trail in that area. One idea is to place that trail from 37tH Avenue up to 39t" Avenue to get over to Prestemon. Rice Creek Watershed. was also contacted to do some cleanup and restoration of the shoreline. ADJOURNMENT Tom Greenhalgh adjourned the meeting at 7:48 p.m. Deanna Saefke, Recreation Clerk Typist II 23 HOUSING Sz REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JANUARY 27, 2009 Call to Order - by Diehm at 7:00 p.m. Oath of Office SGOit Clark administered the oath of Duce to CommiSSionerS Bruce NavJro%kf, oobbji Williams and Gary %. Peterson. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., and Bruce Kelzenberg Ci Staff- Mayor-Gary L. Peterson, Executive Director-Walter R. Fehst, Deputy Executive Director-Scott Clark, Assistant Community Development Director- Sheila Cartney and Community Development Secretary-Cher Bakken. Pledge of Allegiance Election of OfFicers Motion by Kelzenberg, second by Peterson, to keep the same officers as last year, which is President-Diehm, Vice President-Williams, and Secretary/Treasurer-Ecklund. All ayes. Motion Carried. CONSENT AGENDA Approve the Minutes of October 28, 2008 Regular Meeting and Financial Report for the months of October, November, December 2008, Resolution 2009-01. Diehm stated on page 4, under Resolution 2008-07, the second paragraph, third sentence, "Over a period of three years everyone would be up to the market rate and would be paying the same amount per month", which isn't a correct statement and should be removed. Nawrocki stated on page 5, the motion should say the name of the bidder. Motion by Peterson, second by Kelzenberg, to approve the consent agenda Items as amended #4 and #5 as listed. All ayes. Motion Carried. BUSINESS ITEMS Report of Management Company Laura Sheak, Manager asked commissioners if they had any questions on the monthly reports. Nawrocki asked what has happened with the issues brought up at the last meeting on noise from the school children playing in the alley. Sheak stated she spoke with Sargent; Lenny Austin who stated they have investigated the alley noise in the past and that this is a commercial zoned building, they have been out there many times and by using their noise decimal equipment, found no violation. Diehm stated the new owners of Star Central came to the City Council meeting recently and the Council discussed with them the noise problems we have had in the past. Fehst stated they agreed to install some mare insulation in the unit to help with this problem. Lisa stated Arian Hon, Modernization Project Manager from CommonBond, was there to report on the 5t" floor Modernization project. Hon stated they should be finishing up on tf~~ project tomorrow. There will be a final Housing & Redevelopment Authority Minutes January 27, 2009 Page 2 of 4 walk through with Lisa on Thursday at 11 a. m. and at that time if there are any unfinished items they will make a list and take care of them. Donald Camp, Unit 608, asked what are they going to do with the problems like doors not shutting and handles on the main doors on the floors that were already done. Brian stated all the parts for these issues are on order at this time. Resident Council Minutes Ecklund Jr. introduced the new officers. Stated they voted to give the VFW members $25 each for helping out with bingo for the past 15 to 18 years and the blood pressure lady $155 every two months. Citizen Forum* Ken Block, Unit 315 stated that some residents have complained that when they use their bathroom exhaust fan it blows cold air and cigarette smoke from other apartments. Laundry Proceeds Policy Cartney stated this item was discussed at the last meeting and it was determined that the policy needed to be updated. One of the main changes is that the Resident Council would provide quarterly reports to the HRA and management company as to what they spent the money on. It also states the money is taken out monthly instead of quarterly, and added that 50% of the proceeds will be given to the Residents Council, which wasn't stated in the policy. Ecklund stated the change that he could see is that staff used to give him a check to deposit and with the new policy Laura would put the money in by direct deposit. Motion by Peterson, second by Ecklund, to Approve Amended Cash Management Policy for Parkview Villa. All ayes. Motion Carried. Resolution 2009-02, Designating Signatories Diehm stated this document states we will be using Northeast Bank for our banking needs. Motion by Peterson, second by Williams, to waive the reading of Resolution 2009-02, there being an ample amount of copies available to the public. Motion by Peterson, second by Nawrocki, to Adopt Resolution 2009-02, a Resolution Designating Depository for the Columbia Heights Housing and Redevelopment Authority (HRA). All ayes. Motion Carried. Housing Choice Voucher Program for Parkview Viila South Clark stated we discussed at the last meeting allowing a number of units in the south building to use a Housing Choice Voucher program, which is also known as the Section 8 program. The reason this was brought up was because there were residents of the City who had a Section 8 voucher, but because we do not have the program in place, they could not rent a unit. The HRA board would need to enter into an agreement with Metro HRA for a Housing Assistance Rental Contract. The individual would pay approximately one third of their income for the rent. The beard also asked staff to check rota other cities that may have this program in place, which we did find the Cities of St. Louis Park and Champlin. They da net have issues assaciated with the program. Staff is recommending designating three to four units to this program. 25 Housing & Redevelopment Authority Minutes January 27, 2009 Page 3 of 4 Diehm asked what are the terms if we start with 3 of 4 units and we decide that we want two units. Clark stated you would have to go back to Metro HRA far approval. Motion by Peterson, second by Kelzenberg, to Approve the Housing Choice Voucher Program for Parkview Villa South with three units being accessible to the program. Motion by Nawrocki, second by Williams, to amend the motion to two units. Upon Vote- Williams-aye, Nawrocki-aye, Ecklund-aye, Diehm-nay, Kelzenberg-nay, Peterson-nay. 3 to 3 vote. Motion Failed. Upon Vote of original motion: Nawrocki-abstained, Kelzenberg -aye, Diehm -aye, Williams -aye, Ecklund -aye, Peterson -aye. Motion Carried. Diehm asked Nawrocki for the record to state his reason for abstaining his vote. Nawrocki stated he abstained because he would like to see a smaller number and see how it works. Office Computer/Internet Proposal Lisa Wilcox-Erhardt stated Adam Broderick, 1. T Director from Common8ond was there to answer question of the board. Lisa stated the Internet and computer service have not worked for the last couple of months. The Internet connection that provides service from the City works sometimes and other times it does not. Common8ond staff met with City staff to discuss the issues. At this time staff is recommending purchasing the sonic wall and two computers and enter into an agreement with Comcast for Internet service. Nawrocki stated the City is considering changing their present phone system as it is outdated and will not be compatible with the system at the new public safety building and liquor stores. It would make sense to wait until the City makes the determination if they are going to switch systems. Diehm asked if Clark has checked into the cost of the bids to see if they are competitive. Clark stated the IT depar tment checked and confirmed that these are. Motion by Peterson, second by Ecklund, to approve the purchase of two computers for $1,799.72, enter into an agreement with Comcast to provide Internet service for $64.95 per month, and purchase the sonic wall from Sonic Systems for the quoted price of $319.24. All ayes. Motion Carried. Security Camera Proposal Clark stated in 2008 staff found out the security cameras haven't been working for a couple of years. This was not competitively bid as the proposal is viewed as a continuation and an amendment to existing City services as Marco has supplied the hardware and software for the liquor store security system. The city Police Department needs to be able to monitor the cameras in case of any problems. The proposal calls for re-establishing six camera locations plus adding one at the entrance to the garage and one at the back of the building near the dumpster. The system would also allow the addition of four additional 1P (Internet protocol cameras) at a later date if needed. We have Steve Marsden here from Marco to answer questions the board may have. If the HRA proceeds with this, an action should be taken to transfer funds from Parkview 1/ilta North and South's fund balance, which would be approximately $649,000 and $300,000 as this was not included in the 2009 budget. 26 Housing & Redevelopment authority Minutes January 27, 2009 Page 4 of 4 Nawrocki asked Marsden to explain haw the cameras would work for the Police Department. Marsden stated the Police would be able to pull up in their car and on their computer in the car see what was happening in the building. Sheak stated we know who is doing certain incidents at night and they are not residents, but can't prove it without the cameras. Ecklund asked if there would be any difference in price for a camera in the parking lot that would rotate back and forth. Marsden stated they are approximately $3,000 more per camera, and that they would be able to adjust the current cameras to provide coverage of the entire lot. Motion by Peterson, second by Kelzenberg, to Approve the proposal from Marco to purchase Security Cameras for Parkview Villa in an amount not to exceed $10,328.04 from Funds 203 and 213; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. HRA Policy Regarding Commissioner Contact with Entities Submitting Bid Proposals Diehm stated she would recommend tabling this item, as she would like to have a little more time for the board to review and discuss the policy. Motion by Peterson, second by Kelzenberg, to table this item. All ayes. Motion Carried. Adjournment Motion by Williams, second by Kelzenberg, to adjourn the meeting at 8:45 p.m. All ayes. Motion Carried. Respectfully submitted, Cheryl Bakken Recording Secretary 27 ECONOMIC DEVELOPMENT AUTHORITY (EDA} REGULAR MEETING MINUTES February 24, 2009 CALL TO ORDERlROLL CALL The meeting was called to cyder at 7:0~ p.m. Present: Gary L. Peterson, Bobby Williams, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek, Gerry Herringer and Bruce Kelzenberg Staff Present: Walter Fehst, Scott Clark, Sheila Cartney, Cher Bakken PLEDGE OF ALLEGIANCE CONSENT AGENDA Approve Minutes of January 28th and February 9, 2009 meetings and the Financial Report and Payment of Bills far the month of January 2009 on Resolution 2009-09. MOTION by Szurek, second by Williams, to approve the consent agenda items as listed. All ayes. Motion Carried. EDA RESOLUTION 2009-09 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY 2009 AND PAYMENT OF BILLS FOR THE MONTH OF JANUARY 2009. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the month of January 2009 and the List of bills for the month of January 2009 are attached hereto and made a part of this resolution; and WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found fo be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE /T FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. Sl E~~ mTE Housing Program Discussion Clark stated this item is for consideration of establishing a new housing program directed towards foreclosure properties. Questians: 1) daes the City want to become invalved in some kind of home assistance program that uses City funds; 2) what funds are available to use far a housing foreclosure program, 3) what would be the goals 28 Economic Development Authority Meeting Minutes February 24, 2009 Page 2 of 3 and/or objectives of an assistance program; 4) what type of program could be developed and 5) what are the next steps. Peterson stated he received a call from resident, Andy Duncan who said his concern was that people can afford to buy the home, but when they get into it they can't afford to fix them up. Some type of loan to help homeowners that come into this situation is needed. Szurek asked what the current number of foreclosures was. Clark stated it was approximately 480, between 2007 and 2008. Diehm stated when we decided to go with the Anoka County plan we had a PowerPoint program that declared a certain amount of dollars on this type of program. Fehst stated before Bob Streetar, former Community Development Director left we adopted a housing program. Clark stated the dollars in that fund were totally separate from these funds. The dollars were going to be spent over 10 years, where as this money has a wide range of uses. Board members expressed the following concerns: 1) people are going to buy the foreclosure homes and turn them into rental property; 2) spreading our funding too thin; 3) wanted more details before making a decision; 4) did agree with the Minneapolis program with no income restrictions; 5) some members did not like the forgiving of the loan as described in other City programs; 6) liked what Ramsey did by putting a $20, 000 mortgage on it, so they couldn't sell the home without paying it off, 7) what would be the loan cap amount; 8) how would income restrictions affect low and moderate income households, and 9) wanted low or no interest loans. Peterson directed staff to pursue the program options and bring more details to the next meeting. TIF Expansion Clark stated the exisfing K-Mart/Grand Central Commons TIF district is proposed to expand and include the Sheffield neighborhaod. As part of the process the City Council must hold a Public Hearing on the proposed extension and the EDA must request the City Council to schedule and hold the Public Hearing. Nawrocki asked what are the boundaries of the districts we are proposing to cover. Cartney said it is 47t" to 46r"Avenues and Central to Fillmore. Fehst suggested if anyone has any questions, they could meet with Clark tomorrow and that if we don't act on it we would loose a miNion dollars. Motion by Keizenberg, second by Williams, to request that at the March 9,2009 City Council meeting the City Council call for a Public Hearing for Apri! 13, 2009 at approximately 7:00 pm for the K-MartlGrand Centrai Commons iii= Expansion. Ali ayes. Motion Carried. Peterson stated we have been very fortunate that Carolyn Lame and Satveer Chaudhary have been cooperating with us. 29 Economic Development Authority Meeting Minutes February 24, 2009 Page 3 of 3 ADMiNi~TR~Tii~iE REr ORT Scott stated the City should receive $170, 000 CDBG fund award for the Sheffield area and thanked Sheila for her hard work on the application. Scott stated staff has been working with Met Council on the $974, 000 grant for the parking ramp. They would like to reduce the amount due to downsizing the ramp. The worst-case scenario would be they reduce the grant funding by 20%. The City Manager and Mayor have been attending the meetings with staff. Khoyratty is working on leasing the project and has Aldi's already locked in. The new site plans go before the Planning & Zoning Commission next Tuesday night for approval. Nawrocki asked what the status was for 37t" & Central. Sheila stated Chris Little, (37r" & Central LLC) was still working with an auto parts store and Dunkin Donuts. Nawrocki asked Clark to tell him about the bill that staff was trying to get legislature to pass that would extend the TIF district. Clark stated that bill was an item that staff brought to the board a couple of months ago. The bill was for aFive-Year Rule extension of the Kmart/Sheffield TIF district. The rules are that within the first five years a district is certified, you have to either incur all of your expenses within that district or obligate aPay-As-You-Go Note as a bond. Once the five years have passed, you can't use the increment or make new obligations. Representative Carolyn Laine has said that she wanted to make sure there was a consensus of the board on this. The bill has been introduced to the Legislature. Staff met with Senator Chadhaury and he has also introduced the bill. Nawrocki said he did not remember getting the information on the Five-Year Rule. Clark stated he would provide the information to him again. Peterson announced that Community Development Secretary, Cher Bakken's last day with the City is this Friday due to the drastic cuts in the cities budget she is being laid off. Cher has been here for nine years. The board thanked her for all of her work over the years and that she will definitely be missed. ADJOURNMENT President, Gary Peterson, adjourned the meeting at 8:01 p.m. Respectfully submitted, Cheryl Bakken/Sheila Cartney Community Development Secretary/Assistant Community Development Director H : \E DAm i n utes200912-24-2009 30 Approved 4/6/2009 COLUMBI ~ HEIGI-ITS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES March 3, 2009 The meeting was called to order by Chair, Barbara Miller at 7:03 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 February 3, 2009 Board meeting were approved as mailed.. The bill list dated 2/23/09 was reviewed. It was moved, seconded and passed that the bills be paid. It was moved and passed to consider the bill list dated 3/9/09 from the floor. The bill. list dated 3/9/09 was reviewed. It was moved, seconded and. passed that the bills be paid. The 2009 accounting dated 3/3/09 was reviewed. Old Business: i . Loader presented garden and baking book titles. The Library Board selected two titles to be donated in honor of Isabelle U. Trettel, mother of Board Member Sowada. 2. The Board received an update on personnel. Two Library Staff members were laid off at the end of February. The open Page position will not be filled at this time. Elaine Dietz-Mamaril started as the Interim Adult Services Librarian on March 2, 2009. The Evening Supervisors will be working a rotating schedule on Mondays, Wednesdays and Saturdays. 3. The 2009 budget changes were discussed. The effects of the change in hours were noted. A meeting is scheduled to coordinate the vacation and furlough time that needs to be taken by permanent staff. 4. Self pick-up of holds has started on a trial basis at two Anoka County Library branches. 5. Due to the acceptance of credit cards at the $10.00 level at Anoka County Library the fine limit for checkout has been increased to $9.99 as of 2/24/09. New Business: 1. The crossover statistics for January were reviewed. 2. The Board noted the Thank you letter sent to the Community United Methodist Church for its recent donation. Items frown. the Flaor: 1. The Board discussed the recent issue of a rug being donated to the Library. 2. The Board. was notified that the Library has been selected as a recipient of a Gates Grant. The Board discussed the phases of the gra,~t and how the matching funds will be acquired. 31 There being no further business, the meeting was adjourned at 7:36 p.m. Respectfully submitted, Stacey K. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does riot 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. 2 32 UNAPPROVED OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION APRIL 6, 2009 Prior to the meeti..g staff ...et v~~ith It.'Ir. Tim Erickson of 8?3 41St Avenue NE to discuss his concer,~s with emergency vehicles and other Traffic. An interpreter was present to assist with this discussion. ~Ir. Erickson did not wish to stay for the entire meeting. CALL TO ORDER The meeting was called to order by Chairperson Carlson at 6:05 p.m. ROLL CALL Members present: Anderson, Carlson, Doty, Goodman, Sturdevant Staff present: Kathy Young, Assistant City Engineer Gary Gorman, Fire Chief Leonard Austin, Police Captain Council Liaison: Bruce Kelzenberg, absent APPROVAL OF MINUTES Motioned by Goodman, seconded by Doty, to approve the minutes of February 2, 2009, as presented. Motion passed unanimously. OLD BUSINESS PUBLIC HEARING TO CONSIDER MODIFYING TRAFFIC CONTROL IN THE AREA SURROUNDING THE PUBLIC SAFETY BUILDING AT 825 41sT AVENUE Young presented the background information for the hearing: The new Public Safety Building on 41St Avenue will be completed in the fall of 2009_ The Fire ('hief anel Police ('hief have requested stop signs and no parking be installed on 41St Avenue from Jefferson Street to Central Avenue to improve traffic control and safety for emergency vehicles and the public. The Police Chief also requested Jackson Street be designated "Two-way" from the Public Safety Building to 42°d Avenue. Ingress and egress for the lower level parking of squad. cars would be from Jackson Street. The Notice of Public Hearing was published in the Focus newspaper and sent to owners/residents within 300' of 41St Avenue from Jefferson Street to Central Avenue. Fire Chief Gorman discussed the need for No Parking on the north and south sides of 41St Avenue from Quincy Street to Central Avenue. As trucks leave the fire garage, they will go to either Jefferson Street or Central Avenue. The existing width of 41St Avenue combined with on-street parking will make it too difficult to maneuver the large fire trucks. The stop signs are needed to provide safety for both Fire and Police Departments when they are responding to calls and the public. The four way stop at Jefferson is important because of the hill on Jefferson Street and limited visibility at the intersection. Captain Austin concurred with Chief Gorman. Commissioner Carlson stated that if stop signs are installed on Jefferson Street, staff should also install stop ahead signs, All new stop signs should have warning flags. 33 Traffic Commission Minutes Apri16, 2009 Page 2 Mr. Wilson, representing the business at 4056 Central Avenue felt that 2 or 3 short-term parking spaces on oiic side of 4ist Avciiuc "arc needed. liis cmpio-yees are sktllcd workers and stop bj% oit i ridaj%s to pick lip their checks. if there were no parking on 41 `` Avenue, the parking on Central Avenue would be in even higher demand. This could adversely affect all the businesses on that block of Central Avenue. Chief Gorman stated that No parking on the south side of 41St Avenue near the intersection with Central Avenue is the most critical. He felt that 2 or 3 parking spaces from the west property line of Wargo Court to the east would be acceptable. Commissioner Anderson suggested staff talk to Mn/DOT concerning the signal timing cycle at 41St and Central Avenue. The wait for the signal to turn green on 41St Avenue is long. Commissioner Carlson suggested 41St Avenue adjacent to the townhouses also have one hour parking. Commissioner Goodman asked. if Chief Gorman met with the residents of the townhouses. The Chief did not meet with them individually, but they were mailed notices of the hearing. Chief Gorman stated the existing funeral parking from Quincy Street to Jackson Street would not present a problem because the parking along 41St Avenue is sporadic and short in duration. Commissioner Doty suggested stop signs be installed on both sides of the street for the one-way streets. Commissioner Carlson stated there was already no parking on the north side of 41St Avenue from Monroe to Quincy Streets. Chief Gorman requested lane striping with one lane for each direction of travel on 41St Avenue. l~r Wilcnn c~iggected rernnctructjng 41St Ayeniie by Wargn C'ntirt wjth b~imp rn~tc fnr parkin~u, The owner of 4102 Quincy stated that the tree obstructs the stop sign for eastbound traffic on 41St Avenue. Motioned by Sturdevant, seconded by Anderson to recommend the City Council approve the following traffic control modifications: Install "All-way Stop" signs at 41st Avenue and Jefferson Street, and 41st Avenue and Quincy Street. Install "Stop" signs at 41st Avenue and Madison Street, and 41st Avenue and Monroe Street, stopping traffic on Madison and Monroe Streets. Designate "No Parking" on the south side of 41st Avenue from Quincy Street to Central Avenue, existing funeral parking from Quincy Street to Jackson Street to remain. Designate "No Parking" on the north side of 41st Avenue from the alley east of Quincy Street to the alley west of Central Avenue. Designate " 30 Minute Parking" on the north side of 41st Avenue from the alley west of Central Avenue for 65 feet to the east, and designate "No Parking" on the remainder of 41st Avenue east to Central Avenue, Designate Jackson Street "Two-way°° from Public Safety building to 42nd Avenue. Motion carried unanimously. 34 Traffic Commission Minutes April 6, 2009 Page 3 OTHER OLD BUSINESS None. NEW BUSINESS REQUEST TO INSTALL STOP SIGNS AT THE INTERSECTION OF 52ND AVENUE AND STx STREET Young presented the background information for the request: Ms Marie Holmberg of 5231 4`" Street NE has requested stop signs at the intersection of 5`" Street and 52nd Avenue. Ms Holmberg's concern is the safety of the intersection as it is the only uncontrolled intersection in the area. The visibility at the intersection is generally good, although southbound traffic has a partially obstructed view because of shrubs at the corner. Ms Holmberg stated that visibility at the intersection is obstructed. Later in the year the plum tree in the southeast corner obstructs visibility. This is the only intersection in the area from 49`" to 53rd Avenues that does not have stop signs. Why not? Other intersections have good. visibility and still have stop signs. There is a lot of traffic at this intersection at the end of the workday. Captain Austin did not recall a large number of accidents at the intersection. He can review the accident record for the previous 5 to 7 years. Ms Holmberg questioned why 7`" Street was one way. Commissioners Carlson and Sturdevant clarified why 7`" Street from 52nd Avenue to 53rd Avenue became one way northbound. Commissioner Sturdevant observed the intersection and found the traffic to be light. Motioned by Sturdevant, seconded by Anderson to direct staff to review traffic accident records for the last 5 to 7 years at this intersection and surrounding intersections for two blocks in each direction and to present the results of the study at a future Traffic Commission meeting. Motion carried unanimously. REQUEST TO INSTALL HANDICAP PARKING SIGN AT 1.410 47Tx AVENUE Young presented the background information for the request: Mr Dan Devere of 1410 47`" Avenue has requested. a handicap parking sign be installed as shown on the attached s_k_etch, Mr Devere has s„bmitted the required parking permit number. There is currently one sign for the building at 1400 47`" Avenue. This will pravide one parking space far each building. Commissioner Carlson discussed that this request was brought to the Commission prior to the sign. being installed because it is different from a request for a single family residence. Motioned by Doty, seconded by Sturdevant to direct staff to install a handicap parking sign on 47`" Avenue east of the entrance for 14I0 47`" Avenue. Motion carried unanimously. 35 Traffic Commission Minutes April 6, 2009 Page 4 OTHER NEW BUSINESS Avoiie. REPORTS CITY ENGINEER None. POLICE CAPTAIN Suggested a temporary red flashing Pight be installed on the new 3efferson Street stop signs if possible. COMMISSIONERS Commissioner Doty reported that the street name sign at 52°d Avenue and 5`" Street was missing. Commissioners discussed several pothole locations throughout the City and on TH 47. ADJOURl~IIVIENT Motioned by Sturdevant, seconded by Goodman, to adjourn the meeting at 7:20 p.m. Motion carried unanimously. Respectfully submitted, Kathy Young Assistant City Engineer 36 CITY COUNCIL LETTER. Meeting of April I3, 2409 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: ~ ITEM: Approve Submission of Grant Applications BY: Scott Nadeau . BY: ,~ ~~ "~ NO. DATE 43/26/2049 DAT BACKGROUND The Columbia Heights Police Department is interested in applying far three federal grants that will supplement current crime prevention and public safety resources. If successfully obtained, these grants include additional funding for licensed and non-licensed police personnel, technological enhancements, and funding for police enforcement initiatives targeted at specific criminal activity. The grants and their intended application are summarized as follows: COPS Hiring Recovery Program The fiznding purpose of this competitive grant is to cover the starting salary and benefits for the 27t'' licensed police officer position that had been previously cut from the budget. It will cover i00% of that base salary far three years, not including annual pay increases, with achy-funded 1- year retention requirement following the 3-year grant period. There is no public notice requirement. This grant application is due April 14, 2009. Edward Byrne Memorial Competitive Grant Program This purpose of this competitive grant is to fund a Crime Prevention Specialist for our department for atwo-year period. This fiznding is to support sworn law enforcement with the goal of making them mare available an the street in an effort to reduce and prevent crime. This grant allows funding for a reasonable wagelbenefit package for this position for the two-year period starting an or after July 31, 2009, without matching or retention requirement. Budget must also include travel and lodging for two staff members to attend two DOJ grant meetings, one in Washington D.C. and one in our own region. There is no public notice requirement. This application is due Apri127, 2009. Edward Byrne lVlemorial Justice Assistance Grant (JAG} This is anon-competitive grant that involves countywide cooperation, with suggested allocations for Hilltop and Columbia Heights of $13,295 and $80,302 respectively. The combined award would. be $93,597, and can be utilized for law enforcement programs and technology improvement efforts. The grant program is for 4 years with the award drawdawn occurring the first .fiscal year. The funds can be expended anytime during the remaining 3 fiscal years of the 4- year program. Due to disparate funding issues, all county agencies named as recipients must come to agreement in the form of a Memo Of Understanding regarding disbursement allocations. Failure of any agency to sign off on the MOLD will hold up funding to all agencies involved. Sub,~ect to unforeseen stipulations in the required countywide agreement, allocation will be approximately $15,000 for equipping three squads with audio/video recording equipment, and $78,597 used for overtime and related costs for proactive, targeted initiatives. Anoka County 37 Approve Submission of Grant Applications Page 2 agencies have agreed to pay a 10% administrative fee to Anoka County, which would be the a eii%. haiidliij"' file admiiiiStrativi;, toc~ss ivr a" iii,:.QtiV21 sltbmtssiolj avid rU 1GJJ re~o tin l31 s" y s pY Np p g'..._ ~ g all agencies involved as agreed upon in the MOu. This grant does have comment and review requirements: Governing Body Review The grant application must be made available for review by the governing body not fewer than 30 days before the application is submitted to BJA. This means the Council should review the application by April 18, 2009. The application deadline is May 18, 2009. Public Review There is a requirement that the application be made public, with an opportunity for comment, anytime prior to application submission. Cowman farms of public notification include web site and newspaper postings, City Council, and County Board hean-ings that are open to the public. ANALYSIS/CONCLUSION The Police Department is requesting approval to apply far these grants in order to reinstate some of the initiatives that were affected by reductions to the 2009 budget. These reductions had substantial and measurable impacts on the Police Department's operations and its ability to carry out its strategic plan, As stated above, if successfully obtained, these grants would provide for additional funding for licensed and non-licensed police personnel, technological enhancements, and funding for police enforcement initiatives targeted at specific criminal activity. RECOMMENDED MOTION: iviove to approve the Police Depaz-tmeni to submit gram applications for ti~ze COPS riiring Recovery Plan, the Edward Byrne Memorial Competitive Grant Program, and the Edward Byrne Memorial Justice Assistance Grant (JAG). COUNCIL ACTION: 3s CITY C®UNCIL LETTER Meeting of April 13, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER ~[ NO, ( POLICE ~ . APPROV ~ ITEM: Approve Resolution #2009-40 BY: Scott Nadeau ~ . BY: ,f ~ ` ,- Correcting the 2009 Budget 270-42160, Police DATE: A nl 7, 2009 P DATE: ' , Community Programs NO. BACKGROUND Tt has come to my attention that there is an inconsistency in the 2009 Police detailed budget book in regards to the Police Community Programms fund (formerly referred to as the DARE account}, 270-42160. Page 7 with the dollar amounts by line item shows a $10,000 revenue budget and a $5,700 expense budget. The narrative at page 4, however, discusses a $20,000 expense budget. AN AL"StSIS/CONCLUSION As it was the Police Department's intention for the Police Community Programs fund for 2009 to total $20,000, we request that the fund 270 budget be amended to the $20;000 amount. The Community Programs budget includes monies far the DAR E program and other proj ects such as crime prevention and the Police. Reserves. Resolution 2009-40 addresses this issue and we are requesting the Council adopt this resolution. RECOMMENDED MOTION MUTTON: Move to waive the reading of Resolution 2009-40, there being ample copies available to the public. MUTTON: Move to Adopt Resolution 2009-44, a Resolution to Correct an Inconsistency in the Police Department's 2009 Budget, Fund 270, kao COUNCIL ACTION: 39 RESOLUTION N0.2009-40 RESOLUTION CORRECTING AN INCONSISTENCI' IN THE POLICE DEPARTMENT'S 2009 DETAIL BUDGET BOOK, FUND 2'70 WHEREAS, the Columbia Heights Police Department's detail budget back Comments page (page 4) discusses a Community Programs Fluid fatal of $20,000; and WHEREAS, the Columbia Heights Palzce Department's detail budget book Summary by Class page (page 7} shows a revenue total of $10,000 and expenditure total of $5,700; and WHEREAS, we have been advised by the City's Finance Department that the dollar amounts an page 7 were the ones included in the 2009 adopted budget; and WHEREAS, it was the intention of the Police Department for the Community Programs budget to be $20,000; and WHEREAS, it requires a resolution of the City Council to correct this inconsistency; NQW, THEREFORE, BE IT RESOLVED that fund 270, Police Community Programs, be adopted as $20,000 for the budget year 2009. Passed this 13th day of April, 2009 C"~fi4l ed by. Seconded by: Roll Call; Mayor Gary L. Peterson Pata-icia Muscovitz, CMC -City Clerk ao C1TY ®F COLUMBIA HEIGHTS, MINNESOTA BUDGET 2009 Functional ,Area of Police Budget Narrative Budget Ccmrnenfis Animal Control 101-42700 The proposed Animal Gantrol budget for 2009 shows a slight decrease {$192} from 2008. This reflects a smaller budgeted amount far supplies. The contracted cost of anima! impounds remains the same under our agreement with Camden Pet, which runs through 2010. The number of animals impounded throughout the year, and how long they are housed at Camden, will determine what our actual year-end cost will be. Community Programs 270-42160 We are requesting an increase of $325 in the DARE budget to accommodate anticipated increases in training expenses and purchase of supplies. As money has accumulated in this fund over the course of the last several years, it is the intention of the Police Departmen# to draw down snore of this funds in this account. The Police Department is requesting to spend $14,300 of the existing balance currently in the fund in addition to the $5,700 requested to fund DARE far a total of $20,000. Police Capital Equipment 431-42100 The Capita! Equipment Replacement Fund includes equipment required to keep our technology and fleet current-and to keep our personnel safe in their duties. In 2009, it is recommended that two marked squad cars be purchased. The purchase of two marked squad cars per year allows the department to keep the marked fleet in a better working order, and aids in controlling costs on replacement parts. This also allows the marked squads to be totaled out of the police fleet' after four years of service, and rotated into another department in ±he ci ,'~ ;n;ha in tern gel a better operating vehicle far canvenfional uses. The purchase will include one Crown Vsctaria and one Charger, which will be tested as a more fuel and cost efficient alternative to our current patrol vehicles. In 2008, the PD purchased one unmarked vehicle. This was the first unmarked vehicle that has been purchased in six years. 1t is recommended that the PD purchase one unmarked vehicle in 2009. This would replace the 1998 Fard Taurus,. which is the oldest unmarked in the fleet, and currently has 49,000 miles. Due to the age of the vehicle it is s#arting to deteriorate at a fasfer rate and has s#arted to incur additional parts costs due to its age. According to shop records, over 50% of the costs of maintenance on this vehicle over the past seven years have occurred in the last 18 months. This vehicle has been recommended far replacement by Shop Foreman Steve Synowczynski. We anticipate significant ~~savings in vehicle operating costs due to better fuel economy. Since the car to be replaced is 10 years old but still has low jmiles, it can be used by another department which has occasional use needs. {Also requested is $5,500 far purchase of necessary equipment. 41 CITY OF GOLUMBtA HEIGHTS, MINNESOTA BUDGET 2009 Summary by Class DARE PrUjGCt 270-42~in0 Revenue Taxes licenses And Permits lntergavernmental Revenue Charges For Current Services Fines And Forfeits Miscellaneous Sates And Related Charges Allocafions Trans and Non Rev Receipts Total Revenue Expenses Persona! Services Supplies Other Services and Charges Capital Outlay Contingencies & Transfers Total Expenses Summary Revenue Expense Change to Fund Balance Functional Area of DARE Budget 2{309 Adopted Department City Manager Adopted n... f n.,t O., 4 e-u.tt38t nL.~{ia~ uudgct Dr.+ rl ~ ~ vp~S~., prnnncari .~N~...,-~ R(,}dC1~?t 2006 2007 2008 2009 ___-- 2003 2009 0 0 0 0 0 0 0 0 0 fl 1,703 2,058 0 1,000 1,fl00 a a fl a a o ~o fl fl o a o fl a 0 0 0 o a 0 0 0 0 0 0 9,000 9,000 9,000 9,000 9,000 10.703 91,058 9,000 10,000 _ _____ 10,000 0 0 0 0 0 0 3,596 2,648 3,200 3,200 3,200 1,242 2,717 2,175 2,500 2,500 o a o 0 0 0 0 0 0 0 4,838 5,365 5,375 5,700 5,700 0 10,703 11,058 9,000 10,000 1fl,000 0 4,838 5,365 5,375 5,700 5,700 0 5,865 5,693 3,625 4,300 4,300 0 42 t~ CITY COUNCIL LETTER Council meeting of: APRIL 13, 2009 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER 1~1Q: FINANCE APPROVAL ITEM: LED SIGNAGE FOR THE LIQUOR BY: WILLIAM ELRITE BY: ,~~ STORE ON CENTRAL AVENUE DATE: 04/02/09 ,,~~ NO: ~ When the liquor store on Central Avenue was constructed the City ordinance for signage and the design guidelines did. not provide for LED signs. Subsequently, the monument sign was designed with a space in the center for the future addition of an LED sign. Based on this, staff is recommending the purchase of an LED sign to be placed in the opening of the current monument sign. LED signs provide an excellent and cost-effective method. of advertising our business. The sign that staff is recommending would have a 20 square foot display area, which is the maximum allowed by the current sign ordinance. This is very small in comparison to signs authorized and. in use in surrounding communities. The City's sign ordinance is also very restrictive in allowing far changing advertisements. Even with these restrictions, staff is confident that the addition of an LED sign will enhance our business. Staff has received three price quotes from three competitive sign companies to install an LED sign that would fill the opening on the current monument sign. The proposed sign would provide full color and allow for future expansion of the display area if the City's sign ordinance is liberalized in the future. Staff is working with the three vendors and their proposals to ensure that we receive the best quality, most cost-effective sign to fulfill our needs. At this time it is estimated that the cost of the sign, with installation, will be $30,000 to $35,000. Before the sign can be installed, we need to submit an application to the Planning & Zoning Commission for a conditional use permit. Staff is planning to put this on the May 5 Planning & Zoning agenda for review and approval. RECOMMENDED MOTION: Move to authorize staff to submit a conditional use application to the Planning & Zoning Commission for the installation of LED signage in the monument sign at the liquor store located at 4950 Central Avenue and to authorize the purchase and. installation of the sign in an amount not to exceed $35,000.00. WEams 09Q40?2COUNCIL Attachment: Conditional Use Application with Color Pictured Signs COUNCIL ACTION: 43 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: _City of Columbia Heights (Top Valu Liquor) PROJECT ADDRESS/LOCATION: 4950 Central Avenue NE, Columbia Heights, MN 55421 LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): THE S 52.5 FT OF LOT 14 REV AUD SUB NO 15, TOG/W ALL OF LOTS 15 & 19 SD AUD SUB, EX RD, SUBJ TO EASE OF REC PRESENT USE OF PROPERTY: Municipal Liquor Store PROPOSED USE OF PROPERTY: Municipal Liquor Store REASON FOR REQUEST jplease attac/! a VVr%tte%! I/Qlrat%ve deslrr%b%(!g t,le Intel~ded 1.%Je of C(iE propertyy and justificatian for your request. Describe any modifications and/or limitations of fhe use that have been made to insure its compatibAity with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT City of Columbia Heights PHONE 763-706-3626 FAX 763-706-3637 E-MAIL Bill.Elrite@ci.columbia-heights.mn.us PAGER ADDRESS 590 40th Avenue NE ZIP 55421 N/A CELL # N/A CITY Columbia Heights STATE MN FEE OWNER OF PROPERTY ADDRESS 590 40th Avenue NE City of Columbia Heights PHONE 763-705-3600 FAX CITY City of Columbia Heights STATE MN 763-7063637 ZIP 55421 Page~~ of 3 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPL!CAT!ON AND NECESSARY MATERIALS BE!NG S! ~Bn!!!TTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $ CITY RECEIPT NUMBER DATE RECEIVED Acknowledgement: The undersigned hereby represents upon alf of the penalties of iaw, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: Walt Fehst, City Manager 03/24/2009 APPLICANT SIGNATURE DATE Gary Peterson, Mayor 03/24/2009 PROPERTY OWNER SIGNATURE (If different from Applicant} DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council an Page 2 of 3 45 City of Columbia Heights 590 40`'' Avenue NE r Attachment tv ~ondiiivnal vT.Cie Applivativr`i Signage at Top Vaiu Liquor Central Avenue Store Sign description: The current signage on the top portion of the monument sign measures 20 square feet. The added LED sign will be mounted in the center opening of the current monument sign. The outside frame demensions will be approximately 46" high x 94" wide with approximately a 6 inch non-display boarder on all four sides leaving a message display area of approximately 19.8 square feet. The proposed sign will be as follows or the equivalent by a different manufacturer: Time-O-Matic Watchfire Twin-Pak 19mm pitch/5" tall copy. RBG full color Watchfire electronic message center. 262,144 color palette, 140 Horiz/ 70 Vert. viewing angle. Ingite Graphics Software, Temp sensor. TOM RF Wireless Modem.. Steel tube framework will be fabricated to hold signs between brickwork. 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Hansen 41ST AVENUE FROM JEFFERSON STREET TO DATE: 4/8/09 CENTRAL AVENUE FOR THE PUBLIC SAFETY BUILDING CITY MANAGER DATE: Background: At the February meeting of the Traffic Commission a request was made to modify traffic control along 41sT Avenue from Jefferson Street to Central Avenue for the Public Safety building. The concerns are safety of emergency vehicles and the public, maneuverability for Fire Department vehicles and access to underground parking areas. Analysis/Conclusions: A Public Hearing was held on April 6. Notice of the hearing was published in the Focus newspaper and notices were sent to neighboring residents. There were three people in attendance at the meeting. The new Public Safety Building on 41 sT Avenue will be completed in the fall of 2009. The Fire Chief and Police Chief are requesting stop signs and no parking be installed on 4l sT Avenue to improve traffic control for emergency vehicles. The Police Chief is also requesting Jackson Street be designated "Two-way" from south of 42"d Avenue to 42"`' Avenue. Ingress and egress for the lower level parking of squad cars would be from Jackson Street. The proposed changes along 41ST Avenue are shown on the attached plan. RECOMIVIENDED MOTION: Move to approve the following traffic modifications along 41st Avenue from Jefferson Street to Central Avenue, based on the recommendations of the Traffic Commission: Install "All-way Stop" signs at 41st Avenue and Jefferson Street, and 4l st Avenue and Quincy Street. lnstall "Stop" signs at 41st Avenue and Madison Street, and 41st Avenue and Monroe Street, stopping traffic on Madison and Monroe Streets. Designate "TNo Parking'' on the south side of 4 i st Avenue from Quincy Street to Central Avenue, existing funeral parking from Quincy Street to Jackson Street to remain. 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AND LINING OF 5,150 LINEAL FEET OF WATER MAIN DATE: 4/8/09 UNDER THE MINNEAPOLIS 2009 PROGRAM, CITY PROJECT NO. 0903 Background: Columbia Heights has received complaints of discolored water at various locations and for many years throughout the City. City staff has determined that the rusty water is caused by encrusted iron scale deposits sloughing off the inside of the water main and into the water distribution system. To date, the problem originates only in unlined cast iron pipe, which was common prior to 1962. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. City staff has taken many samples and continues to test the drinking water to ensure compliance with State and Federal requirements. The problem in general is called `tuberculation' and results in restricted flows. In January of 2005, Staff reported to the City Council several techniques to address this problem and indicated that there are likely multiple areas of the distribution system affected by tuberculation. Analysis /Conclusions: In 2005, Columbia Heights began a cleaning and lining program with 3,000 lineal feet of water main cleaned and lined under the City of Minneapolis Cleaning and Lining Program as follows: • Alley from 37`h to 39`h Avenues: Polk and Tyler Streets • Jefferson Street: 49`h to 5151 Avenues In 2006, the City of Minneapolis Cleaning and Lining program completed 3,300 lineal feet of lining in Columbia Heights at the following locations: • Madison Street: 48`h to 515` Avenues • 48"' Avenue: Jefferson to Monroe Streets • Monroe Street: 48`h to 49`h Avenues In 2007, the cleaning and lining program completed 3,650 1 meal feet of pipe with the following segments completed: • Monroe Street: 49`~ to 5 i 5' Avenues • 50 '/z Avenue: Monroe to Jackson. Streets • 50`~ Avenue: Monroe to Jackson Streets • 49 '/z Avenue: Monroe to Jackson Streets In 2008, the cleaning and lining program completed 4,300 lineal feet of pipe at the following streets: • Jackson Alley: 50`h to 51st Avenues • Rainier Pass: Innsbruck Parkway to end • St. Moritz Drive: Innsbruck Parkway to end • Innsbruck Parkway: Rainier Pass to St: Moritz Drive • Innsbruck Parkway: St. Moritz Drive to Argonne Drive • Innsbruck Parkway: Argonne Drive to Pennine Pass • 45`x' Avenue: Main Street to 3"~ Street. As detailed above, each subsequent year of the program an additional 300 - 600 lineal feet of cleaning and }fining has been added. Continued - 2009 !~4'ater Main Cleaning and Lining Program COUNCIL ACTION: 51 CITY C®UNCIL LETTER Meeting of: 4/13/09 AGENDA SECTION: CONSENT AGENDA ~ ORii:INATIT.iC DEPARTMEi`1T: CITY MA?~IACER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: K. Hansen BY: AND LINING OF 5,150 LINEAL FEET OF WATER MAIN DATE: 4/8/09 DATE: UNDER THE MINNEAPOLIS 2009 PROGRAM, CITY PROJECT NO. 0903 Page 2 As discussed with the Council in 2008, the program would be increased to 5,144 lineal feet in 2009 to address continued water quality issues in our distribution system. This annual footage will push the extent of what Public Works can accomplish. in-house without outside contracting for the program. City staff conducted a random survey following the completion of the projects with positive comments received from the residents. Staff believes the program accomplished what was intended and eliminated the discolored water problem and restored the original diameter(s) of the existing piping system. The newly lined pipe should provide another 40 or more years of service. Based upon the positive results and project success of the past four years, staff conducted C-Factor testing on other known problem areas of the water distribution system. C-Factor testing involves isolating water main segments, flowing water and measuring pressures and flow rate. A C-Factor is then calculated which can be used to determine the amount of tuberculation in-pipe. Another way to look at a C-Factor is it is a measurement of resistance to flow in-pipe. New pipe will have a C-Factor of 120-125. We would have expected the C-Factors in the areas tested (based on age) to be in a range of 90-95. A general rule of thumb is values below a range of 70-75 would indicate a pipe in poor and tuberculated condition. The measured C-Factors in the 2009 proposed program area measured from 37 to 74. Based upon the C-Factor testing and the two year program presented to the council in 2008, staff is recommending a 2009 Cleaning and Lining Program for water main in the following streets: • Innsbruck Parkway: Pennine Pass to Stinson Boulevard • Pennine Pass: North Upland Crest to Argonne Drive Stinson Boulevard: *:arth Upland Crest to Chalet Dr..., • Chalet Drive: Pennine Pass to Stinson Boulevard • 2°~ Street, 2'/ Street, & 3"~ Street: 44`h to 45"' Avenues. Staff conducted additional C-Factor testing on other complaint areas in 2008 and based upon the results, has prepared an annual program recommendation on the attached map for 2010, 2011 & 2012 maintaining the same budget levels. Fo~° Review: The process of Mechanical Cleaning and Lining involves shutting down a pipe segment, cutting open and accessing (excavating and cutting open) the water main every 400 to 600 feet, and pulling or pushing a mechanical cleaning device (sometimes called a `pig') through the line to remove the encrustation. Depending on the severity of the interior buildup, a water line may have to be "pigged" repeatedly until the original interior diameter is restored. Since this process leaves the iron wall exposed, lining the interior pipe is necessary to prevent water contact with the iron surface which would allow the tuberculation process to start all over. Minneapolis utilizes Cement rrrot•tar lining by applying lean cement through a rotating head of a specific diameter. As the Lining Continued - 2009 Water Main Cleaning and Lining Program COUNCIL ACTION: 52 CITY COUNCIL LETTER Meeting of: 4/13/09 AGENDA SECTION: CONSENT AGE?`'DA ORIGINATING DEPARTMENT. CI'T'Y PrIAI`ZAGER PUBLIC WORKS ITEM: RESOLUTION AUTHORIZING THE CLEANING BY: K. Hansen BY: AND LINING OF 5,150 LINEAL FEET OF WATER MAIN DATE: 4/8/09 DATE: UNDER THE MINNEAPOLIS 2009 PROGRAM, CITY PROJECT NO. 0903 Page 3 machine moves through the pipe, it leaves a smooth trowelled finish. The new lining of the pipe provides a smooth interior wall resistant to mineral deposits and future tuberculation buildup. Next to complete pipe replacement, this is the most expensive pipe rehabilitation technique. Costs for mechanical cleaning and cement mortar lining can range from $35 to $55 per foot, depending on the pipe diameter and severity of buildup. A potential cost to the homeowner is the access and operability of the curb stop or water shut off valve at the property line. In the Jefferson area, we experienced 4-6 services per block that needed repair. Consistent with our City Code, it is the homeowner's responsibility for the service line from the main in the street to the house. At the direction of the City Council, repairs and replacements of water service lines are publicly bid and those prices for repairs or replacements are extended to the homeowners if they so choose. The inspection of the curb stops should be completed this spring in the proposed program area. Based upon the past 4 years program costs from the City of Minneapolis, staff is proposing a 2009 Program cost of $163,500, consistent with the amount established in the 2009 Water Construction Fund budget. RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-48, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2009-48 which accepts the Feasibility Report for the 2009 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 5,150 lineal fret, under the C.ry of l~/Iirneapolis water main clearing and lining program tvr 2009. Attachments: Resolution 2009®48 Feasibility Report Maps (2} COUNCIL ACTION: 53 RESOLUTION N0.2009-48 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2009 wnTIJR i'vlrAli~" CLEANING ANO LiN%P3G PROGRiu'rvi A1N"~i CiRBERING THE PUBLIC IIVIPRO`JEIi~NTS CITY PROJECT - N0.0903 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2009 Water Main Cleaning and Lining Program, and WHEREAS, the 2009 Water Main Cleaning and Lining Program includes the following main segments: Innsbruck Parkway: Pennine Pass to Stinson Boulevard; Pennine Pass: North Upland Crest to Argonne Drive; Stinson Boulevard: North Upland Crest to Chalet Drive; Chalet Drive: Pennine Pass to Stinson Boulevard; 2"d Street: 44`h to 45`~ Avenues; 2'/ Street: 44`~ to 45`~ Avenues; and 3`d Street: 44`~ to 45`'' Avenues. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on April 13, 2009 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, Ml[NNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $163,500. 2_ Such improvement is necessary; cost-effective, and feasible. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted I3th of April, 2009, 4. These improvements shall also be known as Project No. 0903 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and. specifications for the making of such improvement. Dated this 13th day of April 2009, ®ffered by: Seconded by: Roil Cali: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 54 City of Columbia Heights FEASIBILITY REPORT FOR 2009 WATER 1VI~~IN IMPROVEl~~IENTS: Cl~ani~g aid. Lia~i~g CITY PROJECT 0903 March, zoos EN~~NEE N~ ~E~~ ~1~EN 637 3~`h Avenue NE, ~'aluanhia weights, t~~N 55421 763-706-3700 ®d• 763-706-3701 (Fax) ATE A I NT 1 55 COLUMBIA HEIGHTS, ESTA 2009 Cleaning and Lining PROJECT NUMBER 0903 LOCATION: 2009: Innsbruck Parkway: Pennine Pass to Stinson Boulevard; Pennine Pass: North Upland Crest to Argonne Drive; Stinson Boulevard: North Upland Crest to Chalet Drive; Chalet Drive: Pennine Pass to Stinson Boulevard; 2nd Street: 44`h to 45`" Avenues; 2%Z Street: 44"' to 45`h Avenues; and aid Street: 44`h to 45`'' Avenues. IMPROVEMENTS: Water Main Cleaning and Lining Dig access holes at approximately 600 foot intervals, mechanically clean existing water main, cement mortar lining of water main, open service taps, disinfect water line, new gate valves, traffic control and restoration. INITIATION: City. OWNERS ABUTTING: Innsbruck Parkway: Pennine Pass to Stinson Boulevard; Pennine Pass: Narth Upland Crest to Argomle Drive; Stinson Boulevard.: North Upland Crest to Chalet Drive; Chalet Drive: Pennine Pass to Stinson Boulevard; 2"d Street: 44`h to 45`" Avenues; 2%2 Street: 44`h to 45`" Avenues; and aid Street: 44`'' to 45`h Avenues. ISSUES: The following is a study of the key project issues. Water Main Cleaning and Lining The existing water mains in the identified streets have been C-Factor tested and shown to be severely tuberculated. `Tuberculation' is a problem affecting unlined cast iron water distribution pipes, which was common prior to 1962. Iron builds up over time on the inside walls of the water pipe and enters the distribution system causing color and sometimes odor problems. Although iron scale has a tendency to turn the color of the water yellow or light brown, it is not known to be a health risk by federally regulated standards. Aside from the aesthetic issues, severe tuberculation results in restricted flows. Correcting the problem typically involves either replacing the water main or cleaning and lining the affected segments in place. Replacing water main can be very expensive due to the street restoration casts where street segments are not otherwise programmed far reconstruction. Cleaning and lining offers a viable alternative where entire street segments are not disturbed and only access pits are required at 400-600 foot intervals. Other factors, such as the condition of the pipe, soil conditions, and depth of cover should also be considered when evaluating cleaning anal lining. The advantages of cancrete are longer design life, ease and ability to construct and maintain an inverse crown and lower maintenance cost. Water Curb Stop Access and Operability 56 T'o perform the water main cleaning and lining project, it is necessary to have the curb stop box (water shut off valve) located on the water service accessible and operable (see attached diagram 1 depicting a water service). The necessity is driven by the process that once the line segment is cleaned and cement mortar lined, each individual service tap is COVcreu with tl'ic Cemcrti mviiar anu needs tG uc Opciicd to reSwrc Ser'vicc. Tiil~ i~ performed within a window of one hour after Lining process by open each curb stop and blowing water back into the line from the water service. Depending on the area and the age of the water service, some curb stops are either not accessible or do not work, requiring repair. FEASIBILITY: The proposed improvement project is necessary to clean, line and restore adequate flow through segments the water main distribution system. It is cost-effective without full street reconstruction, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: The water main cleaning and lining would be included with the existing City of Minneapolis annual program. Project construction is scheduled to begin in mid summer of 2009, with substantial completion occurring in the early fall of 2009. Council receives Feasibility Report and discusses issues April 6`'', 2009 Council orders Public Improvement Project April 13, 2009 Bid Opening (Minneapolis) Public Informational Meeting June 11 Begin Construction June 23 Construction Completed September 30 FINANCING: Financing would be 100% Water Construction Fund for the cleaning and lining of the main line at~d assessments for service repairs. 2009 Water Main Cleaning and Lining The estimated construction costs for the 2009 Cleaning and Lnling project are as follows: 5,150 Lineal Feet: $163,500. Water Curb Stop Repair(s) The estimated construction costs for the 2009 curb stop repairs are as follows: Curb Box Repatr: $ 1 X40. ~~ Curb Box and. Stop Each: $ l ,4~0. ASSESSMENT: The assessment will be based on a per service basis, based upon the actual cost to repair the individual water service. 3 57 as: zo s-zoo9 WAT AIN CLEANIN( LINT G PR~GI~AM u ~~t,;~,~~,t~~~ L=~ lh~cl~~ztz~I Ltat[ V~tl~~~a r °~~i~~ Gl'~[rr~nain A'`,VeA' C~It1 ;.~t77illc !'.: i'~iS a.. ...~. .}OG _~~ ti~1ap Sat~rces - Caiun~bi~ Heights: f~Uf~FIG ~~/Q~~CS ~~t '~~~Ylil ~~ ~~ m ~ 2Ol®- 011-2012 ~~ WAT lYIAIN CLEANING AN II R®GRAM ~~l.i Eli ~t~fl~b t't ~ (-i~~lrzl~lt L~~atl t"al~c_> `~~r~,ic~ .~~.°,:rnlain cam. `..~:~rcr . ,.,. it ~[l'i ~tftl :<ss ~d"a~ Sci~ra~s - C;oIG3~~~i~~ Fis~~I7ts: P{ ' 3!{C ~t.~C?rltiS Ei 7C~1!"l~~i"{Y1t~ ~.a~~ CITY COUNCIL LETTER Meeting of April 13, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: ~~ , LICENSE ~ ~- NO: DATE: April 6, 2009 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 Property Maintenance Codes has been resolved.. The owner has corrected ali violations and paid all fees and penalities. RECOMMENDED MOTION: Move to issue arental-housing license to Terry T. Martin to operate the rental property located at 41.45 5th Street N.E. in that the provisions of the Property Maintenance Code code have been complied with. COUNCIL ACTION: 60 CITY COUNCIL LETTER Meeting of April 13, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVA ITEM: Rental Housing BY: Gary Gorman BY• '' ,; Licenses .l ~~, NO; DATE: April 7, 2009 DATI~ 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 April 13, 2009. COUNCIL ACTION: 51 List of 2008 Rental Licenses to Approve Occupant' I.D. Property Owner Name Prope Address ___ 30042 Ray Chohan 20320 Steve Elie 202?2 Ismael Omer 12018 Stephanie Small 10300 James Tang 20284 Joseph Tohey 1026 40TH 1301 CIRCLE TERRACE 1336 43 1 /2 1091 POLK 4156 5TH 1236 CIRCLE TERRACE 04/07/2009 11;46 62 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D® Property Owner Name 10045 10137 20028 20030 30014 30032 30036 30044 30106 2001$-NC 10163 20192 20026 20295 20295 30176 10103 12053 30002 20148 20170 30072 12000-NC 30055 30080 20418 30026 10238 20012 20088 20142 20144 20146 20152 20154 20156 20136 30098 20187 Mounds Park Investment Partnership Great Northern Financial Group, Inc Koke Properties Value Homes, LLC M.V.A. International Ashraf LLC King-Smith Apartments 7-Unit Ashraf LLC Crestview Corporation Imafidon Amoni Joel Anderson Christopher Andrews Shirley Apollo Lisa Aucaquizhipi Lisa Aucaquizhpi Haji Azam Troy Bradshaw Marlene Brown Penelope Brown Harold Clark Cynthia Cotton Danny Dang Andrew Danko ivlaiha Deiiietrioii Mark Dunleavy Steve Elie Nedim Frlj Jose Gallagher Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Bette Harlan Keith Hoof Jim Horn Mark Johanek 04/07/2009 11:46 6~ Property Address 4253 MCLEOD 3705 RESERVOIR 1206 CIRCLE TERRACE 3822 3RD 4330 3RD 940 39TH 539 40TH 950 39TH 4458 RESERVOIR 218 42ND 403 46TH 607 38TH 4801 7TH 4612 POLK 4612 POLK 4927 UNIVERSITY 3914 TYLER 3943 TYLER 3754 3RD 4512 WASHINGTON 4606 FILLMORE 3915 LOOKOUT 5037 MADISON 1400 47TH 3725 MAIN 1231 CIRCLE TERRACE 3969 5TH 3916 2ND 5252 WASHINGTON 5232 WASHINGTON 5110 WASHINGTON 5146 WASHINGTON 5037 JACKSON 5140 WASHINGTON 5200 WASHINGTON 5116 WASHINGTON 4040 CLEVELAND 1036 PETERS 5000 4TH Page 1 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name 10097 Matthew Johnson 10116 Tom Kaiser 10144 David and Kim Kerns 30099 Mujtaba Khan 10056 Rosalyn Koolmo 20180 Kenneth Koster 30169 Richard Larson 12126 John Lemire 20074 John Majewski 20147 Terry Martin 10009 Kevin McGinnity 20134 Julio Medina 20169 William Miller 30025 Lawerence Miller 10072 John Nelson 20322 James Nelson 20081 Gilbert Nevils Jr. 20054 Richard Olin 20124 Dean Olson 15008 Susan Parr 20183 Darwin Peterson 12075 Jennifer Picken 10132 Ronald Picotte 20242 Weiiyn Pomeroy 12023 Luis Portovieja 10024-RY Mohammad Rahman 20212 Jai Ramnarine 20394 Kathy Rudnitski 10155 Joseph Rutter 12108 Cheryl Salchow 20202 Tracy Saloka 30111-NC Brad Schumacher 12035 Shirley Seever 30057 Wade Shatter 30074 Luis Sinchi 20168 Christina Sundae 10134 Erika Thorn 10098 William Tiesi 34015 John Tomas Property Address 5030 5TH 4425 WASHINGTON 260 MAUREEN 1045 PETERS 1002 GOULD 5152 WASHINGTON 4201 3RD 4022 MADISON 5109 WASHINGTON 4145 5TH 4432 2ND 1116 45TH 4518 WASHINGTON 3948 5TH 5000 MULCARE 1745 37TH 3833 RESERVOIR 5218 WASHINGTON 1005 50TH 4526 WASHINGTON 5228 WASHINGTON 4600 JEFFERSON 4409 ARTHUR 4624 I AYLOR 4622 7TH 3865 LA BELLE 4550 7TH 5115 WASHINGTON 3817 HAYES 4660 TAYLOR 4600 JOHNSON 4625 TYLER 5208 WASHINGTON 1480 47TH 4534 MADISON 3926 ULYSSES 1019 37TH 4300 JEFFERSON 3700 VAN BUREN 04/07f2009 11:46 64 Pale 2 List of 2009 Rental Licenses to Approve Occupant' I.D. Properly Owner Name Property Address 20014 Farrokh Toussi 30056 Wu Wang 20004 Fletcher Wanless 12004 Kimberly Wegener 20022 Bret Wieman 10011 David Wiger 12187 Anthony Wilczek 20321 Lisa Wrobel 10027 Dan Yesnes 10052 Robert Zschokke 666 47 1 /2 1440 47TH 1218 CIRCLE TERRACE 5250 WASHINGTON 4610 WASHINGTON 5045 4TH 3935 TYLER 3951 POLK 3854 TYLER 3823 POLK 04/07/2009 11:46 65 Page 3 CITY COUNCIL LETTER Meeting of :March 9, 2009 AGENDA SECTION: CONSENT NO: ORIGINATING DEPT License Deaartm CITY MANAGER APPROVAL ITEM: License Agenda N~: BY: Shelley Hanson DATE: Apri16, 2009 BY: BACKGROUND/ANALYSIS Staff has received an application for a new Cigarette/Tobacco License for Fouad's Inc. operating at 4110 Central Ave NE. The applicant also operates the Yafa Grill & Pizzeria next door to this site. Since the Minnesota Clean Air Act went into affect, Mr. Fouad Sakallah has been cited several times for allowing hookah smoking in Yafa site. To comply with the Clean Air Act, he has decided to open a Smoke Shop whereby the primary operation will be the sale of various tobacco products, as well as hookah tobacco. Minnesota State Statute 144.4167 Subd. 4 does allow for smoke shops to have a room whereby patrons may sample the tobacco for purchase. However, these businesses must be separate because smoke shops cannot operate in conjunction with any other business, such as a restaurant. Attached is information on the Freedom to Breathe Act and the applicable State Statute. At the time of renewal, staff may require the applicant to prove that more than 90 percent of the shop's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories, to ensure the applicant meets the criteria outlined in the definition of a Smoke Shop. . Staff Recommendation: Since the applicant is making an attempt to comply with Minnesota law, staff is recommending approval of this license RECOMMENDED MOTION® Move to approve the Cigarette/Tobacco License for Fouad's Inc. located at 41.10 Central Ave NE, pursuant to applicable standards found in MSA 114.41 I to 114.417 and Article III of the City Code. COUNCIL ACTION: Minnesota ][~eparttnent of Flealth Fact Sheet .August 2007 66 Freedom to Breathe ~.n. Tobacco Praducts Shops How the Freedom. to Breathe Provisions apply to Tobacco Product Shops 1Vlinnesota Department of Health P.O. Bos 64975 S* Paul, ~,I~T 55164-0975 651-201-4601 rnd~~a(t~t;},cilth.srat~c.ia,r.us Background The Freedom to Breathe (FTB) provisions were signed into law by Governor Tim Pawlenty on ~1ay 16, 2007, to protect employees and the public from the health hazards of secondhand smoke. The FTB provisions are an expansion of the current Minnesota Clean Indoor .yir pct (IviCL1~~); the new provisions become effective on C)ctober 1, 2007. The FTB provisions describe where smoking is prohibited, outline the responsibilities of employers, managers and other persons in charge and list exemptions within the amended MCI_~:1 that affect their facilities. This fact sheet explains ho~v the new provisions of the law affect tobacco products shops. Permitted sampling of tobacco FTB provisions allow the lighting of tobacco within the indoor area of a tobacco products shop "by a customer or potential customer for the specific purpose of sampling tobacco products." Tobacco products shop defined All of the following criteria must be met for a retail establishment to allow lighting of tobacco for sampling purposes. • The retail establishment must have an entrance door opening directly to the outdoors. • Greater than 9v percent of the shop's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. • "Tobacco Products Shop" does not mean a tobacco department or section of any indi~ridual business establishment with any type of liquor, food or restaurant license. Sign posting requirements If sampling of lighted tobacco products is permitted anywhere within the indoor area of a tobacco products shop, the proprietor or other person in charge must post a sign on or immediately inside of all shop entrances that states: "Smoking is prohibited, except in designated areas." In addition, any locations within a tobacco products shop where sampling is aIlowed must be designated with signs that state: "Sn~ioking permitted," the international smokinb permitted symbol, or both. ®efinition of °Lindoor area" "Indoor .lrea" means all space between a floor and a ceiling that is bounded by walls, doorways, or winds>~vs, whether open or closed, 67 covering more than 50 percent of the combined surface area of the vertical planes [wall space] constituting the perimeter of the area, whether temporary- or permanent. 3 [standard] window screen is not considered a wall. Outdoor smoking The FTB provisions da not prohibit outdoor smoking, regardless of distance from building openings such as doors, windows and ventilation intakes. Compliance and enforcement ~s part of the iVlinnesota Department of Health's ~IDH) compliance strategy, emphasis will be placed on educating the public and business owners on the new provisions. ~SDH has compliance authority over the ~ICL-~.-1 and may delegate compliance activities to local units of government. ~IDH, a local board of health or any affected person can request a court order directing a repeat 3ICL~.~ violator to stop. 2007 Freedom to Breathe in Tobacco Products Shops -page 2 Last updated 8/14/07 In addition to the compliance authority provided to 1\IDH and local units of government, local law enforcement has the authority to issue petty misdemeanor citations to proprietors or individuals who knowingly fail to comply with the it1CL~1. Retaliation prohibited ~1n employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate or retaliate against an employee, applicant, or customer who exercises anp right to a smoke-free environment provided under the MCL1~-1. Local government ordinances Local governments retain the authority to adopt and enforce more stringent measures to prated individuals from secandhand smoke. For more information Contact the Minnesota Department of Health to receive a copy of the MCL1.~, or to receive additional educational materials please visit the MDH website at: Minnesota Department of Health P.O. Box 64975 St. Paul, b1N 55164-0975 651-201-4601 800-798-9050 (toll-free outside the metro area) 651-201-5797 ('I°t"~~ ~r~r~d~as~lct l~ealtl~.„ae~.*.nra.c~~ 68 Minnesota Department of Health Fact Sheet August 2007 Freedom to Breathe A summary of the Freedom to Breathe Provisions in the Minnesota Clean Indoor Air Act lfinnegota DPpartmant of T-TQaI{h P.C). BoY G4975 St Paul, 1~~1N 55164-0975 G51-201-4601 nlciara(C! I~k~altlz.srate.mn.its Background The Freedom to Breathe (FTB) provisions were signed into law by Governor Tun Pawlenty on May 1G, 2007, to protect employees and the public from the health hazards of secondhand smoke. The F"B provisions are an expansion of the current Minnesota Clean Indoor Air .-pct (MCI~A); the new provisions become effective on October 1, 2007. The FTB provisions describe where smoking is prohibited, outline the responsibilities of employers and facility managers and list exemptions within the new MCIAA provisions that affect their workplaces and facilities. Public Health Issue Secondhand smoke is a leading cause of preventable death in the United States. "In 2005, it was estimated that exposure to secondhand smoke kills more than 3,000 adult nonsmokers from lung cancer, approximately 46,000 from coronary heart disease, and an estimated 430 newborns from sudden infant death syndrome."i According to the U.S. Surgeon General, there is no safe level of exposure to secondhand smoke. Secondhand smoke causes premature death and disease in clildren and in adults who do not smoke. Smoking-prohibited areas On October 1, 2007, smoking will be prohibited in virtually all indoor public places and indoorplaces of employment, including: • Bars, restaurants, and. private clubs • Office and industrial workplaces • Retail stores • Common areas of rental apartment buildings, hotels and motels ° Public transportation, including taxis • Work velicles, if more than one person is present ° 13ome offices with one or more on-site employees, or used as a place to meet or deal with customers ° Public and private educational facilities • Auditoriums, arenas and meeting rooms • Day care premises • Health care facilities and clinics ~-efinitian of Q°Indaor Area's "Indoor Area" means all space between. a floor and 69 a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering mare than 50 percent of the combined surface area of the vertical planes [wall space] constituting the perimeter of the area, whether temporary or permanent. A standard] window screen is not considered a wall. Permitted smoking The law does not prohibit smokuzg in the following locations or circumstances: • Outdoor smoking, regardless of distance from building openings such as doors and windows ° Approved scientific study participants • Traditional Native American ceremonies • Private places, such as private homes, residences or automobiles when thetT are not being used as places of employment • Sleeping rooms of hotels and motels ° Tobacco product shops -when customers are sampling tobacco products • Cabs of commercial motor velicles that weigh over ?6,000 pounds • Farm trucks, implements of husbandry, and special mobile equpment • Family farm buildings, provided certain conditions are met • Disabled Veterans Rest Camp in ~~'ashington County • Theatrical productions, that is, actors and actresses who are smoking as part of the theatrical performance 200? Freedom to Breathe -page 2 t.~.; U,,d~,~a s;,~2;;n Responsibilities of proprietors Employers and facility= managers continue to play an unportant role in controlling smoking in their place of business. In general, they are required to: • Post "No Smokuig" signs • Ask persons who smoke in prolibited areas to refrain from smoking and to leave if they refuse to do so • iJse lawful rnetlYads cansistent ivitl~ handling disorderly persons or trespassers for any person who refuses to comply after being asked to leave the premises • Refrain from providing ashtrays and other smoking equipment • Refuse to serve noncompliant persons compliance end Enforcement r1s part of tine Minnesota Department of I-Iealth's (MDH) compliance strategy, emphasis will be placed an educating the public and business owners on the new provisions. IVIDI I I7as compliance authority over the MCIAA and may delegate 70 compliance activities to local units of government. In addition to the compliance authority provided to MDH and local units of government, local law enforcement has the authority to issue petty misdemeanor citations to proprietors or individuals who knowingly fail to comply with tine iviCi ~. Local government ordinances Local governments retain the authority to adopt and enforce more stringent measures to protect individuals from secondhand smoke. Other provisions of the act • Charitable gambling impact study. The state Gambling Control Board will prepare a report on the law's possible impact on charitable gambling. The act requires the board to submit a report to the Governor and the Legislature before March 31, 2008. ° Dislocated worker program; allocation of funds. The Minnesota lobs Skills Partnerslvp Board will provide services under the dislocated worker program to certain employees who become unemployed between October 1, 2007 and October 1, 2009, because of the IiTB provisions of the MCIrl~l. For more information Contact the Minnesota Department of Health to receive a copy of the MCIr1A, or to receive additional educational materials please visit the MDH website at: Minnesota Department of Health P.O. Box 64975 St. Paul, MN 55164-0975 651-201-4601 800-798-9050 (toll-free outside the metro area} 651-201-5797 (I°I'Y) snciaaf~ t~,l~realtl €.:;tace . i~r~ri. us 71 MCI1l.h Page 1 of 5 CLEAN INDOOR AIR ACT 144.411 CITATION. Sections 1~4.-411 to 1-1-i.-I l ~ may be cited as the illinnesota Clean Indoor _1ir act. History: 19?5 c 211 s 1 144.412 PUBLIC POLICY. The purpose of sections 14-1.-! 1 1 to 1-€~}.-41' is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. History: >9?5 c 211 s 2; 1987 c 399 s 1; 200' c• 82 s 2 144.4]3 DEFINITIONS. Subdivision 1. Scope. ~ls used in sections 1-4-1.-#'I 1 to I4~.-Flt;, the terms defined in this section have the meanings given them. Subd. la. Indoor azea. "Indoor area" means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. :~ wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. ~ O.U11 gauge window screen with an 18 by 1G mesh count is not a wall. Subd. 1 b. Place of employment. "Place of employment" means any indoor area at which two or more individuals perform any n=pe of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual, or government agency. Place of employment includes any indoor area where ttvo or more individuals gratuitously perform services for which individuals are ordinarily paid. ~1 place of employment includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. ~n area in which work is performed in a private residence is a place of employment during hours of operation if: (1) the homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or (2) the homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner's trade or business. Subd. ?. Public place. "Public place" means any enclosed, indoor area used by the general public, including, but not lunited to, restaurants; bars; any other food or liquor establishment; L"2tai1 Si.Ores and otiiEr CoiTim2rcial ESiali11Si]iTiCntS; CdiICational iaCu1tiCS Gti1Er tl'ian pubuC schools, as defined in section 12(1:~.~z'i, iabdicisi~~F~s ~r, 11, sul>diti•i:,ic~n 1 ~; hospitals; nursing homes; auditoriums; arenas; meeting rooms; and common areas of rental apartment buildings. l~1CL~~1 Page 2 of 5 Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant to section 131.3.~f'l. Subd. 4. Smoking. "Smoking" means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product intended for inhalation. Subd. 5. Public transpor*ation. "Public transportation." means public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals. History: 19'S e 211 s 3; 1992 c 5.'G s 1; 19J-1 c 520 r 1; 1998 c 39i nrt 11 ~~ 3; 1999 c 2=15 af7 2 s 2=1;_'00' c 82 s 3-' 144.414 PROHIBITIONS. Subdivision 1. Public pkaces, places of employment, public transportation, and public meetings. Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in pubic transportation, except as provided in this section or section 1-l-I.-111;-. Subd. ?. Day care premises. Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 95(?3.(7175, or in a family home or in a group family day care provider home licensed under ll4innesota Rules, parts 9502.0300 to 1)502.0445, during its 72 hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians. Subd. 3. Health care facilities and clinice. (a} Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, licensed residential facility for children, or other health care-related facilitl=, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws. (b) Except as provided in section ?-11;.! sl ~ 1, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking. Subd. 4. Public transportation vehicles. Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, "personal use" means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers. History: 19?5 c ~ 1 > s 4; 19?' i 305 a~ 45; 194-1 c 654 a~72 s 113; 198' e 399 s ~; 199;? e S~6 s 2; 1993 ~r 14 ~ 1; 1995 c 165 s ?; 1999 i 2=15 art 2 s 2>; 1 Sp2003 c 14 a~~ ' r 41; 200' c 82 s 8 il1CI_L.~ Page 3 of 5 144.415 [Repealed, ?007 c 8? s 15] 144.416 RESPONSIBILITIES OF PROPRIETORS. (a) The proprietor or other person, firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by: (1) posting appropriate signs or by any other means which may be appropriate; and (2) asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entitt= in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. (b) The proprietor or other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, including ashtray s or matches, in areas where smoking is prohibited. Nothing in this section prohibits the prcprictcr or other perscn c~ entity' in charge from taking mere stringent measures Char. those under sections (4-~.-11 "1 to 1-l,_l, -E 1 ~" to protect individuals from secondhand smoke. The proprietor or other person or entity in charge of a restaurant or bar may not serve an individual who is in violation of sections I-€-k,-i 11 to 741.-1"1 "". History: 19'5 c 211 s 6; 200' c 82 s 9 144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS. No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product in a public school, as defined in section 1?f).~~.tt5, stthilivi~iru7s t>, 'l 1, st.~hdaei:~ii=~~i 1.3. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian spirih~al or culniral ceremony. For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined in section ~'Ci1~.?4~ sirhdiE~isi~na I'. History: 1991 c 5'6 .r 3; 1993 c 224 ~zrt 9 s 42; 1996 ~ 412 art 13 .r 30; 1998 c 39' ark 11 ~ 3; 1999 c 139 art 4 s 2; 1999 c 2=15 art 2 .r 26 144.4167 PERMITTED SMOffiNG. Subdivision 1. Scientific study participants. Smoking by participants in peer reviewed scientific studies related to d1e health effects of smoking may be allowed in a separated room ventilated at a rate of 60 aibic feet per minute per person pursuant to a policy that is approved by the commissirnZer and is established by the administrator of the program to minimize exposure of nonsmokers to smoke. Subd. ?. Traditional Native American ceremonies. Sections 1-1-1.11-1" to I=1-1.-€1- do not prohibit smoking by a Nattve ~~merican as part of a traditicnttl Native American spiritual or cultural ceremony. For purposes of this section, a Native .~merican is a person who is a member 73 of an Indian tribe as defined in section ~?C~(1 ~5~, ~:tbdi~=ision I_'. '~ICL'~1 Page 4 of 5 Subd. 3. Private places. Except as provided in section 1-1-1.-}1-1, sul~di4i:;i~,~~ '~, nothing in sections I -1-1.-} 11 to 1-14.-1I ~ prohibits smoking in: (1} private homes, private residences, or private automobiles when they are not in use as a place of employment, as defined in section 1-14.413, Sul7dil-isir>n 1}~; or (2) a hotel or motel sleeping room rented to one or more guests. Subd. 4. Tobacco products shop. Sections 1-I 1.11-I to 1 1-1.-#-1~ do not prohibit the lighting of tobacco in a tobacco products shop by a customer or potential customer for the specific purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license. Subd. 5. Heavy commercial vehicles. Sections 1 +-1.<l.I -1 to 14-+.-I 17 do not prohibit smoking in the cabs of motor vehicles registered under section '1v13.tf13, s~ibclivisir~u 1~~:, with a total gross weight of ?6,001 pounds or greater. Subd. 6. Farm vehicles and construction equipment. Secrions 1-1-1.-11 1 to 1-1-1.-+1~ do not prohibit smoking in farm trucks, as defined in section ({~S.Eil1, sul~cliv~-;i~,~~ 17; implements of husbandry, as defined in section 1r,4 1.E~1, sub~li~-isit,n ~i; and special mobile equipment, as defined in section 1C~S.t1ll, ~ul:rdiY~ii~,,:~ '~'_ This subdivision applies to farm trucks, implements of husbandry, and special mobile equipment, when being used for their intended purposes. Subd. 7. Family farms. Sections 144.-11-1 to f4-1.-11 ~ do not prohibit smoking in the house, garage, barns, and other buildings on a family farm that meet the following criteria: (1) the family farm is engaged in farming, as defined in section 7(i{ i '•1, sr.it>clivi~inn '?, paragraph (a); (2) the family farm meets the definition of family farm tinder section :7sir).?4, ;ubdr:~isi~,a~s :'., paragraph (b}, (c}, (j), or (1); and (3) the family farm employs two or fewer persons who are not family members. Subd. 8. Disabled veterans rest camp. Sections 14-1.-11-1 to 1-14.41'' do not prohibit smoking in the disabled veterans rest camp located in ~~'ashington County, established as of January 1, ?007. Subd. 9. Theatrical productions. Secrions I-1-1.11-F to 14-1.-€1" do not prohibit smoking by actors and actresses as part of a theatrical performance conducted in compliance with section ~(,(~.~)i. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs. History: 200% c 82 .i• 10 :x.42' ^.D;CR`.4I~~IDI`~R DF H.F.nLTH, L1:TF^R~EP.;E TT, PFI`3~LTIE~. Subdivision 1. Rules. The state commissioner of health shall adopt rules necessary and reasonable to implement the provisions of sections 1-1-k.-11 1 to 1-1-1.11 ". Subd. ?. Violations. (a} .any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of an area in which smoking is prohibited under sections 14-1.-11-1 to 1-14.-11~', and that knowingly fails to comply with sections "1-1-1.-11-4 to 1-1=}.-11?, is guilty of a petty misdemeanor. 1~~1CL~ Page 5 of 5 (b) ~~ny person who smokes in an area where smoking is prohibited or restricted under secrions 1-14.-11-1 to 1-1-1.-1I~ is guilty of a perry misdemeanor. (c) .~ proprietor, person, or entity- in charge of a public place, public mee*irg, place of employment, or public transportation must not retaliate or take adverse action against an employee or anyone else who, in good faith, reports a violation of sections 1-1-1.-+14 to 1~1-1.-11 ~' to the proprietor or person in charge of the public place, public meeting, place of employment, or public transportation, or to the commissioner of health or other designee responsible for enforcing sections 1-1-1.-11-1 to 1-k~.-11-. (d) No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke-free environment provided by sections I-(...2..4 (-1 to 1-.p-1-11 ~ or other law, Subd. 3. Injunction. The state commissioner of health, a hoard of health as defined in section 1-1' ~ (t~, s,:~l?~li<,isi<>t~ ', or any affected party may instihrte an action in any court with jurisdiction to enjoin repeated violations of sections 1-t-€~.41~ to 1~1-t -I1-. Subd. 4. Local government ordinances. (a} Nothing in sections 14-1.-114 to 1<14.-11 74 prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke. (b) Except as provided in sections 1-k~.411 to I-1-1.~1I-, smoking is permitted outside of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance with paragraph (a}. History: 19'5 c _'11 f '; 19i i c 305 r ~5; 1985 c 2=18 s %0; 1986 e -f=f=F; >98? i 309 .r 2~; 1992 c 5'6 s 4,5; 1995 c 165 s 3; 2002 ~- 3- S nrt 3 s %; 200' c 82 s i t 75 CITY COUNCIL LETTER Meeting o£ April 13, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO DATE A il 8 2009 _ ~ " > BY ~ : : pr , : ~ . ~ BACKGROUND/ANALYSIS Attached is the business license agenda for the April 13, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009 and aPeddler/Solicitor License for the Columbia Heights Boosters Club. They wish to sell hat dogs & polish sausage at Tap Valu Liquor Stares # 1 & #2 and to sell pre-packaged snacks and pop at various parks during the summer months. The Boosters have contacted Anoka County for the proper licensing from the Health Dept. They have requested the City waive the fees for the Peddler License, as this would be a fundraising project for them to continue their support of Sports Programs within our city and school district throughout the year. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. 'his means that the data privacy form ilas been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for April 13, 2009 as presented. COUNCIL ACTION: 76 TO CITY COUNCIL April 13, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG *Central MN Tree Service 480 Rice Creek Bivd, Fridley $60 *Arbor Tree Design Serv PO Box 290298, Brooklyn Ctr $60 Mr. Rooter Plumbing 5155 E River Rd, Fridley $60 Den-Mark Plumbing 8445 Quail Hill Rd, Maple Grave $60 Weis Builders 7645 Lyndale Ave So, Mpls $60 *Mark Nord Masonry 3968 Jackson St, Col Hts $60 *Home Valu 5401 E River Rd, Fridley $60 Big G Construction 7509 18`h Ave So, Richfield $60 *Liberty Plumbing/Htg. 21435 Johnson St, E Bethel $60 PEDDLER/SOLICITOR LICENSE POLICE Columbia Heights Booster Club Asking fees viii be operating during Summer months at be waived Various City Parks and Top Valu Liquors #1 & #2 77 ~~`~ ,~' ~~~ ~~~ March 25, 2009 nr~b-ig Heights Athletic rs 530 Mifl Street N. E. Columbia Heights, MN 55421 City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Dear City of Columbia Heights: SUBJECT: SLIMMER CONCESSIONS The Columbia Heights Athletic Boosters are interested in pursuing the selling of concessions this summer at multiple locations. Last summer we sold hot dogs, pop & polish sausage at the Iiquor store locations (I & II) and were invited back for this summer. It was felt that our concession stand helped to attract customers as well as providing visibility for the Boosters. We are aware of County licensing procedures for this event & will obtain the necessary licensing from Anoka County. In addition we would Like to sell concessions at the City of Columbia Heights parks this summer during youth SL adult games. Concessions during these events would be linuted to prepackaged snacks, pap, bottled water & energy drinks and would not require additional licensing through Anoka County. All of these concessions will be conducted out of tent type structures & will be put up & taken down each time. As you are probably aware, our charitable gambling business has seen a significant downturn in profits. "w"e see these opportunities as a means of some additional ur~draising, increasing the Boo~~e~~ visibility in our community as well as fulfilling a need in the community. We are requesting a waiver for any fees, excluding Anoka County's fees as well as permission far concession stands at Top Valu I & II and any City parks at which games may be taking place. The Boosters are a tax exempt, aon-profit 501c4 organization. Thank you, /` ~' r Marsha Stroik CEO, Columbia Heights Athletic Boosters 78 CITY OF COLUMBIA HEIGHTS FihTd~T~F T1EP1c1RT~ljIF1~TT COUNCIL MEETING OF: April 13, 2009 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 129728 through 129969 in the amount of $ 1376 732.67 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 79 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 04/09/2009 09:24:07 Check History GL050S-V06.74 COVERPAGE GL540R ******************************************************************************* * *** L E A N N O * * *** L E A N N O * *** L E A N N O * *** L E A N N O ******************************************************************************* Report Selection: Optional Report Title.......04/13/2009 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 ExpjRev Closing Entries thru thru thru thru thru 12972$ thru 129969 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO Ol P4 Y S 6 066 10 Y Y 80 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 04/13!2009 COUNCIL LISTING CHECK NUMBER AMOUNT AMERIPRIDE LINEN II1C 129728 153.87 ANOKA CTY - CENTRAL COMM 129729 3,520.08 ASPEN MILLS, INC. 129730 99.90 B & J PROPERTY 129731 27.00 CAPITOL BEVERAGE SALES L 129732 18,876.90 CENTER POINT ENERG'.t 129733 145.61 CHAMBERLAIN OIL COMPANY 129734 74.44 CHISAGO LAKES DISTRIBUTI 129735 6,782.49 CITY OF COLUMBIA HEIGHTS 129736 272,975.51 CITY PAGES 129737 450.00 CLP DEVELOPMENT LLC 129738 20,608.49 COLUMBIA PARK MEDICAL GR 129739 84.00 DANIMAL DISTRIBUTING INC 129740 1,216.45 DAVES SPORT SHOP 129741 42.60 FARNER-BOCKEN 129742 7,814.45 GENUINE PARTS/NAPA AUTO 129743 187.46 GRIGGS-COOPER & CO 129744 1,122.10 HANKS/LAMA 129745 15.00 HOHENSTEINS INC 129746 3,257.65 HONEYWELL INC 129747 79,630.00 INTEGRA TELECOM INC 129748 166.72 JIMMY'S JOHNNYS INC 129749 330.88 JJ TAYLOR DIST OF MN 129750 32,219.42 JOHNSON BROS. LIQUOR CO. 129751 2,921.20 MARK VII DIST. 129752 17,771.80 MEDICINE LAKE TOURS 129753 2,907.00 MINNESOTA COUNTY ATTORNE 129754 29.29 MN CRIME PREVENTIOIJ ASSO 129755 60.00 MN DEPT OF ADMINISTRATIO 129756 331.10 OFFICE DEPOT 129757 56.14 ORIENTAL TRADING COMPANY 129758 30.95 PETTY CASH - KAREN OLSON 129759 111.70 QLiALITY WINE & SPIRITS 129760 1,834.59 QWEST COMMUNICATIONS 129761 98.22 RIGS AND SQUADS INC 129762 3,167.25 SHAMROCK GROUP-ACE ICE 129763 273.50 SPRINT INC 129764 122.97 STAPLES BUSINESS ADVANTA 129765 32.97 STREICHER'S GUN'S INC/DO 129766 25.56 TEE'S PLUS 129767 244.94 TRI COUNTY BEVERAGE & SU 129768 117.00 XCEI, ENERGY (N S P) 129769 8,397.86 NORTHEAST BANK CREDIT CA 129770 0.00 ADVANCED PUBLIC SAFETY I 129771 1,665.13 AL,L SAFE FIRE & SECURITY 129772 25.83 AMERICAN BOTTLING COMPAN 129773 419.95 ANOKA COUNTY - GOVT CEN 129774 265.94 81 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR SANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 04/13/2009 COUNCIL LISTING CHECK NUMBER AMOUNT ANOKA COUNTY LICENSE CEN 129775 1,271.81 BELLBOY BAR SUPPLY 129776 259.94 BELLBOY CORPORATION 129777 7,476.54 BUREAU OF CRIMINAL APPRE 129778 75.00 C. ADLER MARTIAL ARTS SE 129779 724.50 CAPITOL BEVERAGE SALES L 129780 15,754.86 CHERNIN/ALEKSANDR 129781 18.15 CHISAGO LAKES DISTRIBUTI 129782 2,309.35 CITY WIDE WINDOW SERVICE 129783 83.08 CLASSIC BOWL 129784 86.00 COCA-COLA BOTTLING MIDWE 129785 1,306.34 CORTEC/VICTORINO 129786 8.63 DANIMAL DISTRIBUTIPdG INC 129787 598.85 DISCOUNT SCHOOL SUPPLY 129788 77.75 EXTREME BEVERAGE 129789 1,705.00 FARNER-BOCKEN 129790 1,971.69 FIRST STUDENT INC 129791 363.34 GENUINE PARTS/NAPA AUTO 129792 130.14 GRAPE BEGINNINGS IP7C 129793 720.25 GRIGGS-COOPER & CO 129794 14,776.03 HEINRICH ENVELOPE CORP 129795 108.63 HOHENSTEINS INC 129796 3,798.65 HUSET PARK DEVELOPPQENT C 129797 56,334.36 JJ TAYLOR DIST OF MN 129798 12,766.23 JOHNSON BROS. LIQUOR CO. 129799 34,008.89 LOW VOLTAGE CONTRACTORS 129800 383.40 MARK VII DIST. 129801 10,371.30 MILLER/CHRISTINE 129802 22.50 MN DEPT OF HEALTH 129803 190.00 MOA ENTERTAINMENT CO LLC 129804 572.00 NELSON AUTO CENTER INC 129805 21,648.23 NEW FRANCE WINE COMPANY 129806 868.00 OFFICE DEPOT 129807 169.46 PAUSTIS & SONS WTNE COMP 129808 6,414.89 PETTY CASH - LIZ BRAY 129809 70.34 PHILLIPS WINE & SPIRITS 129810 2,053.32 QUALITY WINE & SPIRITS 129811 15,393.83 RIGS AND SQUADS INC 129812 150.00 SHAMROCK GROUP-ACE ICE 129813 104.45 SOUTHERN ANOKA CTY COMMU 129814 530.06 STAGES THEATER COMPANY 129815 60.00 SUN PUBLICATION TNC 129816 27.23 SURLY BREWING CO INC 129817 713.00 TEE'S PLUS 129818 888.05 WELLS FARGO 129819 44.68 WINE COMPANY/THE 129820 1,295.80 WINE MERCHANTS 129821 1,556.76 82 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 04/13%2009 COUNCIL LISTING CHECK NUMBER AMOUNT XCEL ENERGY (N S P) 129822 17,817.16 AMERICAN BOTTLING COMPAN 129823 79.65 ANOKA COUNTY LICENSE CEN 129824 20.00 BELLBOY CORPORATIODI 129825 1,519.80 BRUNTMYER/NATALIE 129826 514.97 CARTNEY/SHEILA 129827 38.00 CITY OF COLUMBIA HEIGHTS 129828 273,745.01 COCA-COLA BOTTLING MIDWE 129829 209.10 CSC CREDIT SERVICES INC 129830 25.C0 FADINA/SAMUEL O 129831 15.99 FSH COMMUNICATIONS, LLC 129832 60.00 GENUINE PARTS/NAPA AUTO 129833 211.39 HANSEN/KEVIN 129834 71.25 HENDREN/STACEY R 129835 14.19 HONEYWELL ZNC 129836 11,822.74 JOHNSON BROS. LIQUOR CO. 129837 1,665.93 KALLESTAD/GARY 129838 49.99 LOADER/REBECCA 129839 61.93 MARCO, INC 129840 62.32 MARSHALL CONCRETE PRODUC 129841 3,819.91 MN DEPT OF ADMINIS7'RATIO 129842 331.10 MN DEPT OF LABOR & INDUS 129843 50.00 OFFICE DEPOT 129844 :169.47 PHILLIPS WINE & SPIRITS 129845 1,946.74 QUALITY WINE & SPIRITS 129846 2,923.00 QWEST COMMUNICATIONS 129847 40.40 SARGENT/JEFF 129848 79.14 STAPLES BUSINESS ADVANTA 129849 266.12 SUBURBAN SOFTBALL LEAGUE 129850 435.00 T-MOBILE INC 129851 687.90 THELEN INC 129852 280.36 VALPAK OF MINNEAPOLIS/ST 129853 670.00 VERIZON WIRELESS 129854 31.09 HONEYWELL INC 129855 3,627.05 A & C SMALL ENGINE 129856 81.87 ABLE HOSE & RUBBER INC 129857 349.66 ABM EQUIPMENT 129858 49.60 ACE HARDWARE 129859 59.40 ACS FIREHOUSE SOLUTIONS 129860 1,190.28 ALEX AIR APPARATUS INC 129861 862.07 ALLIED-BFI WASTE SYSTEMS 129862 7,977.78 AMERICAN LEGAL PUBLISHIN 129863 2,206.50 AMERICAN LIBRARY ASSOCIA 129864 58.50 AMERICAN TEST CENTER 129865 880.00 AMERIPRIDE LINEN INC 129866 137.64 ANCOM COMMUNICATIONS INC 129867 7,676.90 ANOKA COUNTY - ES 129868 720.00 83 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 04/13/2009 COUNCIL LISTING CHECK NUMBER AMOUNT ANOKA CTY - CENTRAL COMM 129869 2,194.12 BAKER & TAYLOR 129870 3,530.28 BAKER & TAYLOR ENTERTAIN 129871 1,070.90 BIFF'S,INC. 129872 437.76 BRADLEY & GUZZETTA LLC 129873 4,037.50 BRAUN INTERTEC CORP 129874 420.00 CADD/ENGINEERING SUPPLY 129875 373.85 CARDINAL SERVICES 129876 250.00 CARGILL INC 129877 6,823.46 CARROLL/BARBARA 129878 412.50 CENTRAL LOCK & SAFE 129879 17.4 CHAMBERLAIN OIL COMPANY 129880 61.42 CINTAS FIRST AID-SAFETY 129881 499.61 CITY OF COON RAPIDS 129882 1,807.76 COLUMBIA HEIGHTS RENTAL 129883 37.16 CUES 129884 1,400.00 CYS TJNIFORMS 129885 28.74 DELTA HOSPITAL SUPPLY IN 129886 94.65 DEMCO, INC. 129887 112.63 DU ALL SERVICE CONTRALTO 129888 335.64 ELK RIVER FORD 129889 19,017.04 ENGINEERING REPRO SYSTEM 129890 317.69 FACTORY MOTOR PARTS INC 129891 266.21 FIDELITY BUILDING SERVIC 129892 5,165.77 FIRST NATIONAL INSTJRANCE 129893 1,000.00 FL~ANAGAN SALES INC 129894 1,216.23 FLEX COMPENSATION, INC 129895 94.50 FRATTALONE COMPANIES INC 129896 8,600.00 G & K SERVICES INC 129897 430.80 GENUINE PARTS/NAPA AUTO 129898 1,502.89 GIS RANGERS LLC 129899 9,085.65 GOODIN CO. 129900 94.25 GOPHER SIGN CO. 129901 195.03 GOVERNMENT FINANCE OFFIC 129902 190.00 GRAFIX SHOPPE, INC 129903 351.07 GREATER METROPOLITAN HSG 129904 65,050.00 H & L MESABI 129905 66.03 HAMLINE UNIVERSITY 129906 700.00 HARMON AUTO GLASS 129907 210.00 HD SUPPLY WATER WORKS 129908 653.84 HERRINGER/GERRY 129909 35.00 HOME DEPOT #$2802 129910 37.00 HOTSY EQUIPMENT OF MINN 129911 125.35 I-STATE TRUCK CENTER 129912 70.61 INSTRUMENTAL RESEARCH IN 129913 170.00 INTEGRATED LOSS COlQTROL 129914 756.00 LADEN'S BUSINESS MACHINE 129915 175.00 84 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 04/13!2009 COUNCIL LISTING CHECK NUMBER .AMOUNT LYLE SIGNS INC 129916 2,839.12 MAACO 129917 800.00 MAC QUEEN EQUIPMENT CO. 129918 3,374.07 MENARDS CASHWAY LUMBER-F 129919 316.69 METRO AREA MANAGEMENT A5 129920 45.00 METRO SALES INC 129921 81.37 METROPOLITAN COUNCIL WAS 129922 74,716.88 MTDWAY FORD 129923 261.71 MIDWEST ASPHALT CO. 129924 73,073.45 MINNEAPOLIS OXYGEN CO. 129925 32.38 MINNEAPOLIS SAW CO INC 129926 82.09 MN DEPT OF LABOR & INDUS 129927 3,252.60 MPf DEPT OF TRANSPORTATIO 129928 946.20 MN SPRING & SUSPENSION 129929 794.73 MPLS BMEU 129930 180.00 NEW YORK TIMES/THE 129931 405.60 NEXTEL COMMUNICATIONS 129932 40.99 OFFICE DEPOT 129933 727.39 ONE-CALL CONCEPT-GOPHER 129934 75.10 POST BOARD 129935 810.00 PREMIUM WATERS INC 129936 25.65 QL7ICKSILVER EXPRESS COUR 129937 14.73 QWEST COMMUNICATIONS 129938 159.44 RDO EQUIPMENT 129939 338.35 RECREATION SUPPLY CO INC 129940 668.51 REED BUSINESS INFORMATIO 129941 319.80 RI:COH AMERICAS CORPORATI 129942 965.18 ROYAL TIRE 129943 154.62 RYDBERG/SCOTT 129944 47.50 S & T OFFICE PRODUCTS IN 129945 1,011.98 SHAMROCK GROUP-ACE ICE 129946 319.05 SIX CITIES WATERSHED 129947 9,865.00 SOUTHEAST LIBRARIES COOP 129948 90.00 SPRINT INC 129949 40.99 STAR TRIBUNE 129950 768.00 SLTN PUBLICATSON INC 129951 198.00 SURPLUS SERVICES 129952 50.00 SLUREK/MARLAINE 129953 35.00 T-MOBILE INC 129954 543.67 TEMPLE/MARYLEE 129955 158.00 TENNANT COMPANY 129956 584.69 THOMSON GALE 129957 76.40 TRIO SUPPLY COMPANY 129958 410.55 UNITED RENTALS 129959 89.14 UPS 129960 13.14 UPSTART- DIVISION OF HIG 129961 120.09 USA MOBILITY WIRELESS IN 129962 43.19 85 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 6 04/13;2009 COUNCIL LISTING VERIZON WIRELESS VIKING ELECTRIC SUPPLY VIKING INDUSTRIAL CENTER VOLUNTEER FIREFIGHTERS B WERNER ELECTRIC SUPPLY C WHOLESALE TRUCK-TRLR PR WW GRAINGER,INC CHECK NUMBER AMOUNT 129963 31.22 129964 36.61 129965 84.37 129966 124.00 129967 34.96 129968 200.81 129969 148.56 1,376,732.67 *** B6 ACS FINANCIAL SYSTEM 04/09/2009 09 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 7 04J13/2009 COUNCIL LISTING CHECK NUMBER .AMOUNT 1,376,732.67 RECORDS PRINTED - 001154 87 ACS FINANCIAL SYSTEM 04/09/2009 09:24:10 Check History FUND RECAP: FUND ---- DESCRIPTION --°------------------°------ DISBURSEMENTS 101 GENERAL 74,977.16 201 COMMUNITY DEVELOPMENT FUND 315.47 212 STATE AID MAINTENANCE 586.26 225 CABLE TELEVISION 4,037.50 226 SPECIAL PROJECT REVENUE 65,050.00 240 LIBRARY 10,093.63 261 AFTER-SCHOOL PROGRAMS 1,298.18 270 POLICE COMMUNITY PROGRAMS 1,148.91 401 CAPITAL IMPROVEMENTS 2,266.70 410 SHEFFIELD REDEVLPMNT NON-7.'IF 8,935.64 411 CAPITAL IMP-GEN GOVT. BLDG 79,630.00 415 CAPITAL IMPRVMT - PIR PROD 77,508.18 417 PUB SAFETY BLDG CONSTRUCTION 380.88 420 CAP IMPROVEMENT-DEVELOPMENT 56,334.36 431 CAP EQUIP REPLACE-GENERAL 45,496.58 434 CAP EQUIP REPLACE - GARAGE 4,050.27 601 WATER UTILITY 3,527.85 602 SEWER UTILITY 78,356.53 603 REFUSE FUND 8,080.06 604 STORM SEWER UTILITY 1,583.60 609 LIQUOR 270,811.27 701 CENTRAL GARAGE 21,041.13 720 INFORMATION SYSTEMS 449.70 875 FISCAL AGENCY: GIS RANGER 9,085.65 880 PERMIT SURCHARGE 3,368.12 863 CONTRIBUTED PROJECTS-OTHER 683.10 884 INSURANCE 1,000.00 885 PAYROLL FUND 546,521.44 887 FLEX BENEFIT FUND 94.50 TOTAL ALL FUNDS 1,376,732.67 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS BANK CHECKING ACCOUNT 1,376,732.67 TOTAL ALL BANKS 1,376,732.67 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 88 CITY COUNCIL LETTER C:ouncll meet m of: AYK1L 13, ZUUy AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEiv1: FIRST READING OF B^vND SALE BY: `~JiLLIAPvi ELRi T E BY ~ ~ d ORDINANCES DATE: 04/09/2009 NO: Attached are the ordinances drafted by Steve Bubul of Kennedy & Graven for the sale of approximately $3,935,000 in General Obligation Public Facilities Bonds and $930,000 in Taxable General Obligation Tax Increment Bonds. Mark Ruff of Ehlers & Associates will be available at the meeting on July 23rd to explain this in more depth. RECOMMENDED MOTION: Move to waive reading of the Ordinances No. 1563 and 1564, there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule April 27, 2009 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1563 being an ordinance providing for the issuance and sale of approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009A. RECOMMENDED MOTION: Move to schedule April 27, 2009 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1564, being an ordinance providing for the issuance and sale of approximately $930,000 General Obligation Taxable Tax Increment Financing Bonds, Series 2009B. Attached to this council letter is a document from Ehlers & Associates that highlights the purposes of the upcoming bond sale. The items covered by this bond sale are as follows: 1) Public Safety Center Bonds $2,000,000 In 2008 the City sold $10,000,000 in bonds for the new Public Safety Building. At that time it was decided that we would need an additional bond sale in 2009 for the final. costs of the building. The proposed bond sale is for $2,000,000 which will net $1,890,000. As was originally discussed, the construction. costs for the building are estimated at $ l 1,500,000. The cost of the bond sale for the first issue and this issue, along with capitalized interest, is approximately $500,000, which will leave a balance for construction of $11,500,000. 2) Murzyn Hall Energy Savings Bond $980,000 In 2008 the City Council entered into a contract with Honeywell for approximately $930,000 worth of energy saving improvements io i'vlurzyn Hall. This bond covers the energy improvement expenses plus bonding costs. This level of bonding covers the Honeywell proposal and will allow the City to make payments on the bonds from Fund Balance, energy savings, a G.O. bond levy, or a combination of these funding sources. As was discussed at the first year payment ($90,915) can be taken from Fund 418, the Community Center Capital Building Fund. Another alternative is to reduce the bond sale by this amount and have lower bond payments. 3) City Waterline Lining Projeets $335,004 As has been the practice in the past, the City bonds for public improvements to our utility system on a two or three year cycle. This bond will net $325,000 for planned waterline lining projects that will be completed in 2009 and 2010. This band. will. be repaid from revenue in the Water fund. 89 4} Special Assessment Bond $370,000 for 2007 and $250,000 for 2009 1t has been the practice of the City to bond for special assessment street projects on a three-year cycle. This bond will net $350,000 to cover the special assessment portion of the 2007 street improvements and $240,000 for the 2009 street improvements. 5} Tazable GO Taz Increment Bond $930,000 This is for a taxable GO Tax Increment bond to provide tax increment financing for housing district improvements. In late 2008 the EDA approved a series of housing actions, including the development of strategies to continue the purchase of foreclosed duplexes in the Heritage Heights (Sheffield) neighborhood. The City has purchased four properties in this area over the past six months. One of the strategies previously discussed, in order to gain additional revenue, was the selling of a tax increment bond to capitalize the future un-obligated tax increment from the existing condo and townhouse project (Kmart/Central Avenue TIF District). Based on projections, this District will generate $930,000 over a 12 year period of time. The intended use would be to purchase six to eight homes and eventually resell the lots. Proceeds from resale could be used to further provide additional benefits to the neighborhood, such as rental rehabilitation loans that could act as a revolving fund. The attached document provides the schedule for the bond sale that starts with the first reading on April 13 and ends with the actual award of sale on June 8, 2009. Currently interest rates are very favorable for municipal bonds. However, as shown on the attached schedule, which is based on the Columbia Heights Charter, it is difficult to sell bonds in a timely manner. Subsequently, all we can do is start the process at this time and hope that rates remain good until June 8. If rates are not favorable at that time, the sale can be delayed for a short period. of time. However, under our charter, if the bonds are not sold within atwo-month period, the entire process needs to start over from the beginning. Staff and Mark Ruff from Ehlers & Associates will be available at the council meeting on April 13, 2009, listen to comments and respond to questions. wEa~„s Attachment: Debt Information and Schedule from Ehlers. nengozlCOtrNC[L Ordinance form Kennedy and. Graven 90 ORDINANCE NO.1563 ORDINANCE PROBING FOR'1'I~ ISSUANCE AND SALE OF APPRO~IATEL3~ 53,935,000 GENERAL OBLIGATION PUBLIC FACILITIES BONDS, SERIES 2009A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that the City of Columbia Heights, Minnesota (the "City") intends to undertake or has undertaken the following projects (collectively, the "Projects"): (a) Construction and equipping of an approximately 40,000 square foot police and fire facility (the "Public Safety Center") on a site bounded by 41st Avenue, Jackson Street, 42nd Avenue and Central Avenue (the "Site"), including landscaping and other site improvements related to the Public Safety Center, and landscaping and other site improvements on the remainder of the Site, in the approximate amount of $2,000,000. The City previously issued its General. Obligation Public Safety Center Bonds, Series 20088, in the aggregate principal amount of $10,000,000 (the "Series 20088 Bonds"), to finance a portion of the construction and equipping of the Public Safety Center. (b) Energy-efficient improvements to Murzyn Hall, in the approximate amount of $980,000. (c) Watermain improvements pursuant to Minnesota Statutes, Section 444.075, in the approximate amount of $335,000. (d) Street and alley rehabilitation and reconstruction improvements (Project No. 2007-02 and Project No. 2009-02) pursuant to Minnesota Statutes, Chapter 429, in the approximate amount of $620,000. 2. The City has determined to finance the costs of the Projects through the issuance of general obligation bonds under the Chaster of the City of Columbia Heights (the ``Charter") and Minnesota Statutes, Chapters 429, 444, and 475 (collectively, the "Acts"). 3. It is necessary and. expedient to the sound financial management of the affairs of the City to issue its General Obligation Public Facilities Bonds, Series 2009A (the "Bonds"), in a principal amount not to exceed $3,935,000, pursuant to the Charter and the Acts to provide financing for the Projects. 4. The City is authorized by Section 475.60, Subdivision 2(9) of the Acts to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 5. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum. principal amount specified in Section 3, in accordance with the terms of proposal approved by the City Manager and the City Finance Director. The City Council 91 will meet on June 8, 2009 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 6. The City previously declared its official intent to reimburse itself for the costs of the Public Safety Center from the proceeds of obligations in the maximum principal amount of $11,500,000, pursuant to Treasury Regulations, Section 1.150-2, promulgated by the Internal Revenue Service. The City subsequently issued the Series 20086 Bonds in the aggregate principal amount of $10,000,000, and it is now estimated that the total costs of the Public Safety Center will be $12,000,000, with the remaining costs to be financed through the issuance of the Bonds. The City hereby declares its official intent to reimburse itself for the remaining costs of the Public Safety Center (i.e. costs not reimbursed from the issuance of the Series 20086 Bonds) from the proceeds of the Bonds. 7. This Ordinance shall be in full force and effect from and after thirty (30) days after its publication in a legal newspaper of general circulation in the City. First Reading: April 13, 2009 Second Reading: Apri127, 2009 Date of Passage: Offered By: Seconded By: Roll Call: Mayor Clary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk s~ ORDINANCE NO.1564 ORDLNTA~iCE PRO~II2ING FOR TIDE ISSU ~PdCE r~?~TD SALE OE AFFROXIQi~IATEL3~ 5930,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT FINANCING BONDS, SERIES 20098 THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: It is hereby determined that: (a) The City of Columbia Heights, Minnesota (the "City") and the Columbia Heights Economic Development Authority (the "Authority") duly established the Kmart/Central Avenue Tax Increment Financing District (the "TIF District") within the Downtown CBD Redevelopment Project (the "Project") pursuant to Minnesota Statutes, Sections 469.174 through 469.1799 (the "TIF Act") and Sections 469.001 to 460.047, which TIF District was filed for certification by the Anoka County Auditor on July 23, 2004. (b) Pursuant to Section 469.175, Subdivision 4 of the TIF Act, the City and Authority are authorized to expand the boundaries of the TIF District by no later than July 23, 2009, which is five years after the date of certification of the TIF District. (c) The City and Authority have initiated the process to expand the boundaries of the TIF District ui order to facilitate various redevelopment activities in the expanded area of the 'TIF District, including without limitation acquisition of foreclosed housing. The City expects to hold a public hearing and consider a modification of the TIF District boundaries and the tax increment financing plan therefor (the "TIF Plan") on May 11, 2009. (d) The City is authorized by the TIF Act and Minnesota Statutes, Chapter 475, as amended, to issue general obligation tax increment bonds in order to finance public redevelopment costs of the Project in accordance with the TIF Plan for the TIF District. (e) It is necessary and expedient to the sound. financial management of the affairs of the City to issue its General Obligation Taxable Tax Increment Bonds, Series 2009B (the "Bonds") in a principal amount not to exceed $930,000 to provide financing for certain public redevelopment costs of the Project, including without limitation the acquisition of certain foreclosed homes located in the TIF District, as proposed to be expanded. 2. The City is authorized by Minnesota Statutes, Section 475.60, Subdivision 2(6), to negotiate the sale of the Bonds, it being determined. that interest on the Bonds cannot be represented to be excluded from gross income for purposes of federal income taxation. 3, Ehlers & Associates, as financial adviser to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(e), in accordance with the terms of proposal approved by the City Manager and the City Finance Director, The City 93 Council will meet on June 8, 2009 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds; provided that such sale shall be scheduled after Cit;~ Council approval of the amendment to the TiF Plan described in Section 1, and no later than July 23, 2009. 4, This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April l3, 2009 Second Reading: Apri127, 2009 Date of Passage: Offered By: Seconded By: Roil Ca11: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk w •m ~~ ~ ~ _. ,. : ~' i. ~: i . ,. , - 95 $3,935,000 G.O. Public Facilities Bonds, Series 2009A; (the "2009A Bonds") The 2009A Bonds will be secured by the full faith and credit of the taxpayers of the City of Columbia Heights. $930,000 Taxable G.O. Tax Increment Bonds, Series 2009B. The 2009B Bonds will be secured by the full faith and credit of the taxpayers of the City of Columbia Heights. gi=g The 2009A Bonds will fund several projects in the City. We recommend. combining these projects into one bond to increase the number of bidders and thereby reducing interest cost: 1, $2,000,000 Public Safety Center. Proceeds in the amount of $1,890,000 will pay for the remaining costs of the public safety center currently under construction. The term of this portion of the debt is expected to be 29 years. The $10,000,000 bonds issued. in 2008 funded the majority of this project. 2. $980,000 Honeywell Energy Savings: Proceeds in the amount of $930,000 will fund costs associated with a contract with Honeywell to improve Murzyn Hall. The term of this debt is 15 years. 3. $335,000 Water Projects: The 2009 and 2010 water lining projects totaling $325,000 will be funded and repaid with water revenues over 10 years. 4. $370,000 2007 Assessments: The 2007 street assessments in the have an outstanding principal amount of $350,000 and are payable through the end of 2017, 5. $250,000 2009 Assessments: The 2009 street assessments in the amount of $240,000 (after an assumed 25% prepayment) will be funded and paid back over 10 years. The 2009B Bonds will fund $900,000 to acquire foreclosed homes in the expanded area of the T-4/K-Mart TIF District and will be repaid over 12 years. The 2009B Bonds carry taxable interest rates because the City may resell the land to private parties in the future. The City is scheduled to receive $1258000 per year in TIF in 2009. We have scaled back the debt service to $100,000 per year to account for expected decreases in the existing property values in the district. No new development is required to meet debt service payments and the City has over $300,000 in cash balance in the district. However, the existing agreement on the farmer K- Mart site is expected to utilize the cash balance and any future surplus in the District if certain conditions of the development agreement_ are ,net. If the development agreement requires more cash than the City has on hand, loans from other City funds may be necessary. y~~_ ~ ~ 96 The 2009A Bonds are being issued pursuant to the City's Charter and Minnesota Statues, Chapter 475, Chapter 444 and Chapter 429. The public safety center Lvill count against the City's legal debt limit of 3°~© of market value. The City's remaining iegal debt limit is well oveP° $25,000,000. The 2009B Bonds will be issued pursuant to the City's Charter and Minnesota Statues, Chapter 469. These bonds are paid primarily from tax increments and are not subject to the legal debt limit. There are IRS rules regarding the amount of interest that the City may earn on bond proceeds for the 2009A Bonds that must be taken into consideration. If the City spends the bond proceeds within 24 months according to specific percentages each six months, interest earned on the proceeds above the bond interest rate does not need to be rebated or repaid. The excess interest earnings are known as arbitrage. The City will also need to keep its debt service funds within IRS parameters to avoid penalties for carrying too high of a balance during the life of the issue. We recommend that the City explore a rating from Standard. & Poor's. The City's current rating from Moody's Investors Service is an "A 1 ". Because the City is issuing less than $30,000,000 in the calendar year, the City will be able to designate the 2009A Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. ' ~ &° ° °= The 2009A Bonds are to be repaid over a 29 year period. Interest is payable semi-annually, beginning February 1, 2010. Principal on the 2009A Bonds will be due on February 1 in the years 201 l through 2038. The 2009A Bonds maturing February 1, 2020, and thereafter will be subject to prepayment at the discretion of the City orl February 1, 2019. The 2009B Bonds are to be repaid aver a 12 year period. Interest is payable semi-annually, beginning February 1, 2010. Principal on the 2009A Bonds will be due on February 1 in the years 2010 through 2022. The 2009A Bonds maturing February 1, 2020, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2019. We will continue to monitor the market and the call dates for the City and will alert you to any future opportunities. 3 'a -,._ 0. t ,. ". ~ -' 97 d, .... ~: ~~ ~_w~~` ;~ . ~~. Mark Ruff Stacie Kvilvang Shelly Eldridge Diana Lockard Debbie Holmes Alicia Aulwes April 13, 2009 April 27, 2009 April 30, 2009 May 29, 2009 Week of June 1, 2009 June 8, 2009 June 29, 2009 (651) 697-8505 (651) b97-8506 (651)697-8504 (651) fi97-8534 (651) 697-8536 (651)697-8523 The Ofticiai Statement for this Iinancing viii be nlaiied to the Co~~3ici; P~Ie,~~bers at heir home address for review prior to the sale date. ~.: ,. „ ~:, ;; ,; k , , 98 { CITY COUNCIL LETTER Meeting of April 13, 2009 AGENDA SECTION: ITEMS FOR CONSIDERATION/ ORIGINATING DEPT: Other Ordinances and Resolutions POLICE,~ADIr~IN CITY MANAGER ~ NO. APPROVAL: ITEM: SECOND READING OF ORDINANCE 1558, BY: Scott Nadeau and BY: ~' Regarding Abolishing Police & Fire Civil Service Linda Magee DATE: , Commission DATE: April 13, 2009 NO. Columbia Heights Police and Fire Departments currently utilize a Civil Service hiring/promotional process. At a work session an June 2, 2008, the Police and Fire Chiefs met with the City Council and expressed their feeling that with changes to state law, professional hiring practices and union rules, the Civil Service process was redundant and unnecessarily lengthens the timeline for new hires and promotional positions. At that time, the City Council directed the Police and Fire Chiefs to meet with the Charter Commission to inform them and seek their input. Qn July 1, 2008, a letter was drafted by Civil Service Commissioners Netkaw and Briley expressing tlxeir support for abolishing the Civil Service Commission. See attached. At the request of the City Council, the Fire Chief, City Attonxey axxd Police Chief met with the Charter Commission. on July 17, 2008 and discussed the proposed elimination of Civil Service. The Civil Service Commission is not covered in the Charter, so the presentation to the Charter Commission was infornxative in nature. There was a brief discussion on the need for the Civil Service Commission but na formal action was required. Dzscussians with staff, the Civil Service Commission, and the City's Attorney find that tlxe Police and Fire Civil Service Commission, while well intezxtianal and historically important, is no longer needed and creates an unnecessary delay and obstacles to hiring. At the Council meeting of September 8, 2008, Ordinance 1558 had its first reading. At tlxat meeting, Fire Captain Dan ®'Brien spoke and requested that a meeting be lxeld with union members and management to discuss how issues would be addressed without the Commission in place. The second reading ofOrdinance 1558 was scheduled far September 22, 2008. At the meetizxg of September 22, 2008, the second reading of Ordinance 1558 was tabled to a future Council meeting. Staff met with union members and addressed their questions atxd concerns. Although there are still differences of opinion, the bottorn line is that their labor contract, state statutes and federal laws supercede Civil Service Cam~nissian rules. The City Council has the authority to abolish the Civil Service Commission acid is not obligated to negotiate tlxe process. ~.EC()lYIMENDElTION: Based on discussions at the wank session of April G, 2009, staff recommends the second reading and adoption of Ordinance 1558. 99 Couneil Letter re: Ordinance 1558, Abolishing Civil Service Commission Page 2 RECCIMMENDED MC-TIONS: MOTION: Move to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. MOTION: Move to adapt Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. COUNCII. ACTION: 100 ~~r~ ~~ ~~~~~i~ ~~l{~NTS ___ _- 59d 4dth Avenue N.E., Columbia Heights, MN 55421-3&7$ {763} ~p6-360pTDD (763} ~p6-3692 1~~sit Our i~Yebsite at: www.ci.catum6ia-heights.nv:.tes 3uIy 1, 2008 The Honorable Mayor Gary Peterson Members of the City Council City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Dear Mayor and Members of the City Council: Retired Columbia Heights Police Chief Thamas Johnson and retired Captain William Roddy had several times discussed with the Civil Service Cornmissian the possibility of abolishing it. Historically, Civil Service Commissions were instituted to protect police and fire employees from losing their jabs when new chiefs were appointed. It was common years ago far a new chief to bring in his or her own personnel, who may or may not have been qualified to serve. Over the years, the development of professional Human Resources Departments, labor unions and the requirements of t'rie iv`aiririesata Peace Officer Standards a,*ad Training Board have made the protections of a Civil Service Commission an anachronism. In addition., the use of background checks, physical and psychological examinations, and the field training process will continue to work towards the hiring and retention of qualified people, As it now stands, the Civil Service process has unnecessarily Iengthened the timeline required for the selection of both new hires and promotional positions. Many applicants will have applied to more than one public service organization, and we have lost good candidates to cities with a more streamlined testing and selection process. As an aside, Anoka County abolished its Civil Service Commission in itTovember 1998, afker it had served the County far 41 years. The reason stated in the County Board resolution to do this was "unnecessary duplication of regulations and services to have both a Civil Service Commission and a county personnel system". THE GI7Y OF C41_UM61A MEtGH7S DOES NOT DISCRIMIhiA7E ON TI-Jfn~A515 OF DISABiLiTY W EMPLOYMENT 042 7HE PROV t51pN OF SERVICES EQUAL OPPOR7~Nt7Y EMPLOYER Mayor and Members of the City Council 3uiy 1, LVUU Page 2 As you lznow, the Civil Service Commission has been functioning with only twa members since the untimely death last year of Mitch DeMars. The question of abolishing the commission was discussed at its mast recent rnee#ing on May 12, and neither of us would have any opposition to such action by the Mayor and Council should they decide to da sa. Sincerely, Harold Netko Civil Service Commission /" „~~.(~ x D~d Brile Y . Civil Service ,~ammissian HN:kao cc: Walt Fehst, City Manager Linda Magee, Assistant to the City Manager Scott Nadeau, Chief of Police Gary Garman, Fire Chief Charter Cormnissian Members X02 ORDINANCE NO. 1558 BEING AN ORDINANCE aIvIENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ABOLISHING THE POLICE AND FIRE CIVIL SERVICE COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article Ill, Section 3.304 of the Columbia Heights City Code, which currently reads as follows: 3.304 POLICE ANA FIRE CIVIL SERVICE COMMISSION: (A) The Joint Police and Fire Civil Service Commission is hereby established pursuant to the provisions of M.S. Chapters 4I9 and 420, as they may be amended from time to time. Said statutes including all amendments thereto, are hereby adapted by reference and made a part of this code as if fully set forfih herein. (B) The Commission shal(consist of three members who shall be appointed for staggered terms of three years so that the term of one Commissioner will expire each year. Appointments shall be made by the Mayor. (C) The Commission shall establish rules, regulations and procedures as are necessary and required by law to carry out its duties and functions relating to the appointment, promotion, discharge, and suspension of Police and Fire Department personnel. (D) For purposes of this section, any provision of this code that is inconsistent with the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time, shall be interpreted and construed as superseded by said statutes with respect to the composition and operation of the Commission. is hereby repealed in i#s en#irety. This Qrdinance shall be in full farce and effect from and after thirty (30} days after its passage. First Reading: September 8, 2008 Second Reading: Date of Passage: Offered by: Seconded by: RoII Call: Ayes: Nays: _. Gary L. Peterson, Mayor Patricia Niuscovitz, CMC City Clerk 163 CITY COUNCIL LETTER Meeting o£ 4/13/09 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGEit BY: DATE: ITEM: ADOPT RESOLUTION N0.2009-46, BEING A BY: K. Hansen RESOLUTION ORDERING AND LEVYING ONE ALLEY DATE: 4/8/09 LIGHT, PIR 677-42 Background: On March 9, 2009, t11e City Council established a Public Hearing for the formal consideration of assessing one alley light to benefited properties, as requested by petition. The proposed light is located in the alley between 6t" Street and 7ri' Street, 52nd Avenue to 53rd Avenue. The petition is far one 100watt HPS light to be installed on an existing pole between 5235 and 5241 6`" Street. There will be 12 parcels included in the assessment. Of these 12 parcels, 11 property owners signed the petition in favor of installing the alley light. Currently, the monthly cost to each of the benefiting homeowners is $1.00 per month. This cost may increase with increases in the electric rates. Recomanei~ded Motion: Move to waive the reading of Resolution No. 2009-46, there being ample copies available to the public. Recurai~eiaded P.~Iotion: Move to adopt Resolution No. 2009-46, being a Resolutioi, orderi;~g and levying one alley light located between 5235 and 5241 6`" Street, known as PIR 677-42, , Attachment: Resolution Assessment Roll Notice of Public Hearing Map COUNCIL ACTION: 104 RESOLUTION N0.2009-46 RESOLUTION ORDERING AND LEVYING ONE ALLEY LIGHT PIl2 677-42 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-42 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 13`" day of April, in the City Council Chamber, 590 40`" Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and. to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, 1VIIIVNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-42 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. Dated this 13`" day of April. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 105 ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT: 677-42 PIN ADDRESS 26-30-24-21-0002 5250 7 STREET NE 26-30-24-21-0003 5244 7 STREET NE 26-30-24-21-0004 5240 STREET NE 26-30-24-21-0005 5234 7 STREET NE 26-30-24-21-0006 5228 7 STREET NE 26-30-24-21-0007 5222 7 STREET NE 26-30-24-21-0025 5229 6 STREET NE 26-30-24-21-0026 5233 6 STREET NE 26-30-24-21-0027 5235 6 STREET NE 26-30-24-21-0028 524 ] 6 STREET NE 26-30-24-21-0029 5245 6 STREET NE 26-30-24-21-0030 5249 6 H STREET NE 106 CITY OF COLUMBIA HEIGHTS NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be held on April 13, 2009, at 7:00 P.M. in the City Council Chamber, 590 40`" Avenue N.E. to consider: P.I.R. 677-42 PROJECT NO. 0907 i Installation and maintenance of one ~1) I00 watt high pressure sodium cobra head street Light in the alley between 6`" Street and 7`" Street from 52"d Avenue to 53"~ Avenue, on the pole between 5235 and 5241 6`" Street. • At this time, the annual cost is $ 12.00 per parcel. The cost may increase with increases in the electric utility rate. • This special assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. PARCELS PROPOSED TO BE ASSESSED: Said street light installation is to be considered pursuant to Minnesota Statutes, Chapters 429. The installation and maintenance is to be specially assessed on a unit basis against properties abutting the alley and listed below. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. 26-30-24-21-0002 26-30-24-21-0005 26-30-24-21-0025 26-30-24-21-0028 26-30-24-21-0003 26-30-24-21-0006 26-30-24-2 I -0026 26-30-24-21-0029 26-30-24-21-0004 26-30-24-21-0007 26-30-24-21-0027 26-30-24-21-0030 Persons desiring to be heard with reference to the proposed installation will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. ADOPTION OF PROPOSED SPECIAL ASSESSMENT Notice is hereby given that the purpose of this Public Hearing is also to adopt assessment roll 677-42, for the area of alley lighting. The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The City Council may levy and adopt special assessments that are the same or different than the proposed amount. ASSESSMENT ROLL AVAILABLE FOR INSPECTION The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Offrce, 590 40th Avenue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing. OBJECTIONS AND APPEALS Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the assessment unless a written objection, signed by the affected property owner, is filed with. the municipal clerk prior to the assessment 1}earing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to Minnesota Statute, Section 424A81, by serving notice of the appeal upon the Mayor or the Clerk of the City within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (10) days after service upon the Mayor or the Clerk. ACCOMODATIONS 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 handicapped persons are available upon request when the request is made at ]east 96 hours in advance. Please call the City Council Secretary at 763-706-3611 to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST CITY MANAGER PubPished in Focus on March 26 and April 2, 2009 107 City of Columbia Heights LEGEN[~ Proposed Light Benefitted Parcels yCITY OF COLUMDIA ~1EIGHTS GIS /ENGINEERING DEPARTMENT ""~ ~ Map Date: February, 2009 =Map Author: K Young __ ___ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of Anrii 13. 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY NO: Community Development MANAGER'S APPROVAL ITEM: Approve Orders Declaring BY: Sheila Cartney BY: Buildings Located at 3723 Polk DATE: April 6, 2009 y`- Street aHazardous Buildin BACKGROUND: The Building Official conducted an inspection at 4039 5th Street on January 21, 2009. The inspection revealed that the structure constitutes a hazard to public safety or health in that the structure was seriously damaged by a water break, resulting in deficiencies in the structural integrity and serviceability of the mechanical and plumbing systems, which render the structure unsalvageable. The Orders require the structure to be repaired or razed and removed within 90 days of service of this order (July 13, 2009}. RECOMMENDATION: Staff recommends approving orders declaring the property at 3723 Polk Street hazardous. RECOMMENDED MOTION: Move to approve orders declaring the buildings located at 3723 Polk Street Hazardous. 7FtuClZiiieiiZS: UJ'dei.S, I'lid[`GS of Pl'te SiZB COUNCIL ACTION: 109 STATE OF MINNESOTA COUNTY OF ANOKA Order of the City Council of Columbia Heights, Anoka County, Minnesota concerning hazardous building on property located at: 3723 Palk Street NE Columbia Heights, Minnesota legally described as: Lot 25, and the North. one-half (N %2) of Lot 26, Block 6, Walton's First Subdivision of Reservoir Hill, Anoka County, Minnesota PIN: 36-30-24-33-0140 TO: Fred Sila, Owner DISTRICT COURT TENTH JUDICIAL DISTRICT CASE TYPE: i 4 -OTHER COURT FILE NO. Pursuant to Minnesota Statutes §463.15, et seq., the City Council of the City of Columbia Heights having duly considered the matter, finds the structure located on the above described property to be a hazardous building for the reasons set forth herein. T11e Building Official for the City of Columbia Heights has inspected the above referenced structure. The inspection revealed that the structure constitutes a hazard to public safety or health in that the structure has severe deficiencies with the structural integrity of the building and the serviceability of the mechanical and plumbing systems. The inspection report of Columbia Heights Building Lawrence Pepin is attached as Exhibit A and made a part hereof. Pursuant to the foregoing and attached Exhibit A, and in accordance with Minn. Stat. §463,16, you shall either correct or repair the hazardous condition of the building, or raze and remove the l~aazardous building. The hazardous building must be either repaired or razed within 110 ninety (90) days of service of this Order. A motion for summary enforcement of this Order will be made to the Anoka County District Court unless the action ordered herein is taken within the prescribed time frame or unless an answer is tiled within twenty (20) days from the date of service of this Order. Moreover, you are advised that if the City of Columbia Heights is compelled to take any action to abate these hazardous conditions, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes as provided in Minn. Slat. X463.21. Dated this day of , 2009. BY ORDER OF THE CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Walt Fehst, City Manager 111 IT1~ o~ o~uMe~~, NEfGHT~ 590 40ti7 Avemte N.G., Cc~(i:mbia Heigtits> MN 55421-38?8 (763} 706-3600'T•DD (763}'706-3642 Vicfi Oua- Website 2t: wwfv.ci.c•ohEmGin-heighls.nt~~.us Febr'.tary 9, 2009 Ft•edricl< Sila CIO Sila Custom Homes 208b5 Wintergreen St. EXIIIBT A Oak Grove, MN 55011 Re: 3723 folk Street NE Columbia Heights, MN Deat•, On January 21, 2009 I was invited to the above reference address to make a damage assessment of the property due to water. Present at the site were your brother, and a potential buyer of the property 1 proceeded down into the crawl space to observe the damage. During my investigation and assessment I witnessed the fallowing deficiencies with the structural integrity of the building and sezviceability of the mechanical and plumbing systems: 1. The structural beams have inadequate support to frost footings. In fact the bearing end of one of the beams is suspended iti the air and not bearing on the supporting member at all. 2. The exterior bearing walls do not have proper support and depth to 42" below grade Avr frost protc:.tfon. 3. It appears the flaw of water has compromised the bearing capacity of the soil supporting the foundation. 4, The waste and vent piping of the residence is not properly configured and supported. 5. The main floor of the residence has had the interior face of the exterior walls removed and now requires compliance with. the current energy code. 6. A bearing wall has been removed and replaced with a header that is not properly supported under a continuous load path to foundation or footing. 7. The roof trusses were damaged by a previous fire and requite a structural analysis by a registered structural engineer and a c•eport submitted to the Building official as to corrective measures. 8. The main heating plant for° the zesidence appears to not be working and requires replacement and compliance with the mechanical Bade. I have assessed tiie property under IVlin~tescta Statutes 4!'3.15-2r Hazardous and Substandard buildings. THE C47Y OF COLUMDIA HEIGHTS DOES No7 DISCRIMINATE ON THE 8ASI5 OP DISA81LiTY W EMPLOYFdENT OR THE PROVISION OF SERVICES EQUAL C7PPOR17'~.~lI7Y EMPLOYER Under Mirniesota Statutes 463.15-26 Hazardous and Substandard buildings you would be given the choice to repair or t•aze the structure. The order from the City Council will be that the structure will have to be razed or repaired within a cet•tain period of tune or the city will abate the property and charge the abatement costs back to the property owner. Please note the present structure is a nonconforming structure according to cut•rent zoning requirements. Also note that under Minnesota Statutes 462.357 Subd, le Noneonformities. which reads; Noneonformities. (a) Any nonconfot•mity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) tlae noncotlformity or occupancy is discontinued for a period of more than one year; ot° (2) any nonconforming use is destroyed by fire or other peril to the extent of greatet• than 50 percent of its market value, and no building pet•tnit has been applied fot• within 1 SO days of when the property is damaged. In this case, a municipality may impose reasonable condition upon a building permit in order to mitigate any newly created impact on adjacent property. The owner, a contractor hired by the owner, or a representative of the owner, will Have to apply for a building pettnit within 180 days of the wafer line break (December 27, 2008} and any repairs to the structure will have to conform to the 2007 Minnesota Building Code, including the Minnesota State Energy Code. If the decision is to repair the structure, please submit an application for a building permit, two complete sets of plans fot• the t•e-construction, enet•gy calculations, and a structural analysis of the structure. The structural analysis must be prepared by a structural engineer licensed by the State of Minnesota and include loading calculations on the extsttrtg fv'undatiGli and design oftl'ae StrUCtLfral support strttCtttre for rile e22tlre building. With safety being my primary concern, at this time I will be placing a placard on the structure indicating the building is deemed unsafe fot• human occupancy. his unlawful for any person to occupy or reside in this building under Section 1300.0180 of the Building Code of the State of Mimiesata. This placard will remain in effect until the structure is razed. \1Vritten authorization is t•equired from the Building Official, or his authorized agent, for anyone to enter the structure for either providing assessments or removal of personal property. Please allow adequate time to prepare the authorization letter foi• entry to the property. The letter must be in hand in order to access the property. The letter will state the time(s) and date(s) of access. If the City Coutlcil votes to have the building razed, you as the owtaer, or representative of the owner, will be responsible for the removal of the structure in the time specif ed by the City Council.. 'Phis will itlcludc the "killing" of both the city water and city sever connections at the trains. In addition, disconr~ectiot~ of both electrical and gas service to 113 the structure will be required. Recamnaendation by my office will be to extend the removal period to June 1, 2009 due to the added costs of killing the utilities through frozen ground and excavation of the street during winter months. If' you have any questions or would like to discuss my findings you can call me at (763)706-3677. Youz•s truly, Lawrence R. Pepin Building Official #2379 Cc Scott Clark, Community Development Directo~• Jim IIocft, City Attorney Walt Fehst, City Manager Gary Gorman, Fire Chief Scott Nadeau, Police Chief Squad Room 114 3723 Polk ~„ '„ ~~~' , <, ..[,' -, _. ~. ° "..-, .. - .. ~. ~. _-? .~~- e ..tea sue-, h - '~:"ni. ..... ~~ '. .. - ~ ~' -~ ~+~ Sys _~:~ ~p+-'~6*,{ x ~ -„ .~. ~~` ~-;" ~ ,. ~- °a~ ~ ~ ~ 4 d ~'~ ~ _ ~, ~_ ~ ~ ~~ j[~ fSf. L ~ " ~ ~ ~' d~ p . • tl? R ~ t ,mr v aa,.i. ',~ .,v r 115 3723 Polk ~~ _ . , ~ ~- ., ~~' t ~ ¢~ ~~' ~. &!p~ - - - ~ .;fin c ~5~:_ ~, _ S . -~_ ~ t ~ ~r r ~ ~ ~ Yom, Y I ~ ~' ~ ~t ~ b'- ~k'°a" ~ m- %.'~} ~~ ~: __ fi y~, 3°°^^ 0e ..u ' ' .. a~j~ - 1 ~: .. ~- x '~ ~'%~ a ' '~ .. ~^ '~ ~ ~ ,~ Y LTfC__''~~ - - .~~' ~\\~y6' ~, iv'1 .d.:' .. .:.~ y E.. ~)i It-} ~ "j3j .;9 .~a~ E r ~ ~ ?~ E ~. ~{ ,:;~ ~, ~ ~~~e~ ,, _} 1 a ~~ f ~ - ~ ..,,, ~ e f.. , k _~. ~. ~ .." w~ n~q~ ~e~. 116 v ~~~ . ~ t ~:'~ ~=~~° '' ..~~_ _ ~: ~, ~~ _ ,.'~ ~~, ~~ ,, :: ~ r r l.^ .T fps ,.~+ ~'. ~, ~ :yam"' .r ~ '~ ~~ ;~,° ~k .. i ~p ` l1 ~E # ~ j` "z ~ Y a x S aw. i- L 186 ~,cy /T/ 5 ~ ' -A ,Y-., ~,`~y~, ~ Y - y ~~+ ' 1 ~i~. '~-k . ~ ' v ~_ ~ r~ ~ F - ...~. 6~ r~~`a n~luY{'i~ 3.4~1'~~ ~ ..... .. w 0 Y ~_ O 4 M N r M j: _ ~ I fP, {. ,.. ~~ ^1Y ~, ~'J 3 ~. ifs ~ ~ «~ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetin of: A ril 13, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY NO; Community Development MANAGER'S APPROiIAL ITEM: Approve Orders Declaring BY: Sheila Cartney BY: ,/ Buildings Located at 3701 DATE: April 6, 2009 ~, , Jackson Street a Hazardous ~ Buildin BACKGROUND: The Building Official conducted an inspection at 3701 Jackson Street on March 6, 2009. The inspection revealed that the structure constitutes a hazard to public safety or health in that the structure was seriously deteriorated, resulting in deficiencies in the structural integrity and serviceability of the mechanical and plumbing systems, which render the structure unsalvageable. The Orders require the structure to be repaired or razed and removed By July 15, 2009. RECOMMENDATION: Staff recommends approving orders declaring the property at 3701 Jackson Street hazardous. RECOMMENDED MOTION: Move to approve orders declaring the buildings located at 3701 Jackson Street Hazardous. ~ttaclunents: Ort~ers, P~otos of tr're site COUNCIL ACTION: 1~9 STATE OF MINNESOTA COUNTY OF ANOKA Order of the City Council of Columbia Heights, Anoka County, Minnesota concerning hazardous building on property located at: 3701 Jackson St. NE Columbia Heights, Minnesota legally described as: Lot 24, Block 86, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota PIN : 35-30-24-44-0092 DISTRICT COURT TENTH JUDICIAL DISTRICT CASE TYPE: 14 -OTHER COURT FILE NG. TO: SECRETARY OF VETERANS AFFAIRS, Washington, D.C. , 20420 - Holder of the Sheriff s Certificate of Sale via Assignment of Sheriff's Certificate of Sale dated October 27, 2008; and GENO R. FARACI AND LISA A. FARACI, Husband and Wife -Holders of Redemption Interest in the Property above-described.. Pursuant to Minnesota Statutes §463.15, et seq., the City Council of the City of Columbia Heights having duly considered the matter, finds the structure located on the above described property to be a hazardous building for the reasons set forth herein. The Building Official for the City of Columbia Heights has inspected the above referenced structure. The inspection revealed that the structure constitutes a haza~•d to public safety or health in that the structure has severe deficiencies with the structural integrity of the building and the serviceability of the mechanical and plumbing systems. The abandoned properly condition and inspection. report of Columbia Heights Building Official Lawrence Pepin is attached as Exhibit A and made a part hereod Pursuant to the foregoing ar~d attached Exhibit A, and in accordance with Minn. Stat. §463.16, you shall either correct or repair the hazardous condition of the building, or raze and remove the hazardous building. The hazardous building must be either repaired or razed by July 120 l 5, 2009. A motion for summary enforcement of this Order will be made to the Anoka County District Court unless the action ordered herein is taken within the prescribed time frame or unless an answer is filed within sixty (60) days from the date of service of this Order. Moreover, you are advised that if the City of Columbia Heights is compelled to take any action to abate these hazardous conditions, all necessary costs expended by the City will be assessed against the real estate and collected as other taxes as provided. in Minn. Stat. §463.21. Dated this day of , 2009. BY ORDER OF THE CITY OF COLUMBIA HEIGHTS Gary Peterson, Mayor Walt Fehst, City Manager 304511 1 121 CITY OF COLUMBIA HEIGHTS 590 40'~ Avenuc NG, Columbia ^cr0bts, t1~1N SS42r-3&78 (763}746-3600 'rllD (763) 706-3692 ~sii rrur rvebsf(e rrt: fwva~.r.>i.cnluinGia-liei~hts.rruf.r~s April 2, 2009 Countrywide home Loans, Inc. 400 Countrywide Way Simi Valley, CA 93065 Peterson, Fraur and Bergman P.A. Suite 800 55 East 5`i' Street St. Paul, MN SS101 Tangletown Realty 3585 Lexington Avenue N. Suite #238 Arden Hills, MN 55126 Re: 3701 Jackson Street NE Columbia Heights, MN To Whom It May Concern: EXHIBIT A On Friday March 6,2009 I conducted a Condition of Property inspection at the above referenced. address in accordance with the City of Columbia Heights, Abandoned Property Ordinance. During my inspection I discovered the following deficiencies with the structural integrity of the building and serviceability of the mechanical and plumbing systems: 1. The structural failure and partial collapse of the foundation walls. 2. Shoz•ing up of tlae main level floor joists. 3. Columns oat on proper footings. 4. Broken water pipes. 5. Non-functioning boiler due to being submerged. G. A red tag on the gas piping from the utility eornpany. 7. Numerous waste and vent piping code violations. 8. Non-functioning water heater due to being submerged. 9. Exposed wiring. 10. Un-vented phrmbing fixtures. 11. Modifications to the continuous Load path of bearing loads above at stairway. t2. Structural cracks in plaster at both the walls and ceilings indicating structural failure of sirppor•ting members. This is a par°tial list of rho roost serrrous deficiencies encotanter°ed. tither minor deficiencies are covered irl tl-re attached report. I have assessed the property under Minnesota Statutes 463.15-26 Hazarclotrs and Substanciar•d buildings. lteyor Grrry L. Petcrcott Councilmembcrs NolrertA. if~tltiam.r 13rnrc Nao~roeki '1'umurern D!elan Ilrrrre l:elzenher~ City MonnKcr Jf'altrr H. />ilLr7 122 Under Minnesota Statutes 463.15-26 I-Iazardous and Substandard buildings you would be given the choice to repair or raze the structure. T•he order from the City Council will be that the structure will have to be razed or repaired within a certain period of tinge or the city will abate the property and charge the abatement costs back to the property owner. If the decision is to repair the structure, please submit an application for a building permit, two complete sets ofplans foI• the I•e-constrizetion, energy caletzlations, and a structural analysis of tlae structure. The structural analysis must be prepared by a structural clagineer licensed by the State of Minnesota and include loadizag calculations on the existing foundation and design ofthe structural SL1ppUI't sh•uchzre for the entire building. With safety being my primary concern, at this tune I will be placing a placard on tlae structure indicating the building is deemed unsafe for human occupancy. It is unlawful fot• slay person to occupy or reside in this building under Section 1300.01$0 of the Building Code ofthe State of Minnesota. This placard will remain in effect until the structure is razed. Written authorization is required fi•ozn the Building C}fficiai, or his authorized agent, for azayone to enter the structure for pI•oviding assessments. Please allow adequate time to pI•epal°e the authorization letter foI• entry to the property. The letter must be in hand in order to access the property. The letter will state the tirne(s} and date(s) of access. If the City Couzacil votes to have tlae building razed, you as the owlaer, oz• representative oi'the owner, will be responsible for the removal of the structure in the time specified by tlae City Couzacil. This will include the "killing" of both the city water and city sewer canneetians at the mains. In addition, disconnection of both electrical and gas service to the structure will be required. If you have any questions or would like to discuss my findings you can call me at (763)706-3677. Yours truly, Lawl•ence R. Pepin i3uilding Official #2379 Attachment LRPllrp Cc Scott C[ark, Community Development Director Jim Hoeft, City Attorney Walt Fehst; City Managet° GaI•y Gorman, Fire Chief Scott Nadeau, Police Chief Squad Room 123 N ~P ~. ~_ ~ y §` y4 ~, x: e , }_ :~ y~x ~ r ~ .,~ i i~~,. ~ y.?K., e - ' - 'amt, ~ ~ `'c- y ~ ~, w a i n~ ~ a ~' k . 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SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL I T EPv1: Authorization to purchase property B Y : Sheila Cartney BY: '~ '~i,~-- located at 4606 Polk Street NE DATE: April 7, 200 ~~`~ BACKGROUND: The Police Department continues concentrated efforts to stabilize the Sheffield Neighborhood. The Community Development Department is partnering with the Police in the stabilization process. The Sheffield Area was designated as a redevelopment area in 1994. Since then, a TIF District has been established in this area and redevelopment strategies developed in 2006. As part of this ongoing effort the city has the opportunity to purchase another duplex on Polk Street for $100,000 plus closing costs. Demolition costs to be paid by CDBG funds. If purchased, this will be the third duplex purchased by the city on this block along with one single family home. The city has the opportunity to make a significant impact on this street by purchasing another duplex. The number of blighting influenced properties, vacant unsaid parcels, foreclosures, need for substantial upgrading of properties in the Sheffield Neighborhood and other problems in the area attest to the need for public intervention to stabilize and improve the neighborhood. Eliminating another duplex on this block will help in the efforts to restructure the neighborhood density and land use configuration by replacing obsolete duplex units with single-family homes. The up front funding source for this purchase is from Fund 410, which is designated for the Sheffield Area Redevelopment. The City has used this fund. for other purchases within the Sheffield Neighborhood. Staff will be working with the EDA on an inter-fund loan for this purchase; which is in connection with the K-Mart/Central Avenue TIF District. If a TIF GO Bond is sold in June a portion of the proceeds will be used to repay Fund 410. The current cash balance of Fund 410 $287,000. RECOMMENDATION: Staffrecomme,~~ds Adoption of Resolution 2009-39, Approving Acquisition of Property located at 4606 Polk Street NE. REC011~1~NDED MOTION: Move to waive the reading of Resolution 2009-39, there being an ample amount of copies available to the public. Move to Adopt Resolution 2009-39, a Resolution Approving the Acquisition of Property located at 4606 Polk Street NE; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Resolution, Purchase A reement COUNCIL ACTION : 140 The page left blank intentionally 141 CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-39 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4606 POLK STREET NE WHEREAS, the City has found that there exists conditions of substantial deterioration which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area, and WHEREAS, they City is making a concentrated effort to acquire foreclosed properties in the Sheffield area, and WHEREAS, the city has the option to acquire such property pursuant to the Purchase Agreement by and between the City of Columbia Heights and Realty Executives (the "seller") and Purchase Agreement has been signed by the seller and provided to the City CounciP NOW THEREFORE BE IT RESOLVED l . The City Council hereby approves the terms of the Purchase Agreement for 4606 Polk. Street NE between the City of Columbia Heights and Realty Executives and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price up to $100,000 plus all ancillary costs associated with closing and to proceed with demolition bids. 2. The City Council hereby authorizes staff to handle all the requirements and conditions in order for the City to complete the transaction. contemplated in the Purchase Agreement. 3. The City Council approves payments of the purchase cost from the Sheffield Redevelopment funds (fund 410). Passed this day of , 2009 Offered By: Second By: Roll Call: Attest: Mayor- Gary L. Peterson Patricia Muscovitz, CMC/City Clerk 142 ~IT~'" (~~' CC~LI~MBIA I~EICsI~T~ 590 40~I~ Avenue Northeast, Columbia Heights, MN 55421-3878 'I"elephone: 7G3 -? 06-3 G?5 FAX: 763-706-3 G71 Community Development Economic Development Authority Housing & Redevelopment Authority Building Inspection Planning and Zoning PermitslLicensing ~' TIaA.I~TSMISSI(~1`~ Date: ~' ~ ~ `l'ime: Number of pages (including cover page): c~ ~ 143 04106/2005 09:28 FAX 551738?060 C8 t3URFlET 4i00i)t3URY ~ 002/029 CQNTRAC'T" FOt~ NON-EJtCLUStVE: RIGHT' TO REPRt:SEN7 BUYER 1. Date ~~i~~!. ~ G~l~~ l .". a'A~-jMdad/TY ~eais~t+~-4-~PA~j"~i19r~t'O~~~r 2•GtT'Y bfs ~[tGdwB~ 1f~'~~~~~~_L~t~~Biayer"}glvesColdwailt3anker8urnet,Buyer's roker(`•Broker"),t)trougtt 3• _ ~t~>A.at/~L __4r ~,,I}f,~r1 I, the Buyer's AganUSalesperson ("Agent"), the non-exclusive tight to locate and/or as• a° sist in negv#iativns for the purchase, exchange, or option t~~ purchase ("Purchase"}, property at a price and with terms acccpt- 5. ti able to Suyer. This agreement (" greement") starts on~1Ril.4t. ..~ , 20 C~ 9 ,and ends at t 1:59 p.m, on 7, '°~~-`+~-~~_ , 20 ~_. This Agreement may be cancelled by mutual agreement of the parties, or g, by Buyer Purchasing a props through another real estate broker.~~,/1O,,{n, ~) G%~%~ 8, AGENT'S OBlJC3ATtON: The Agent shatL _ (~ 10. t . Make a reasonable eNort to locate property acceptab+e to Buyer. t t. 2. Assist in negotiations for the Purchase at property. t2. 3. Assist Buyer throughout the transaction. t 3. 4. Actin the buyer`s best interest at all times, subject to the terms of the Agency representation specified below/ if applicable. t4. 5. Comply with ail apptlr:able fair housing and nondiscrimination regulations. 16. BUYER'S OEf.ICATtON: Thn Buyer Shall: t 6. 1. Work with Agent far the t'urchase of property. 17. 2. Provide Agent wish acrurata and relevant personal finanetal information to determine buyer's ability to Purchase properly. t 8. 3.Cooperate with Agent in f finding a property to Purchasr:,~. After a purchase agreement has been accepted by a se8er, buyer t9. is legally obliQaied to Purchase the prapetty. if Buyer refuses tp close the Purchase for any reason (subject to relevant 20. conlingencles) other iha-r the failure of the Setter tv perform, Buyer shalt pay Broker ail compensation due under this 2i. Agreement. 22. NOTICE: THE COMPENSATION FOR THE PURGHASEY LEASE, RENTAL OR MANAGEMENT OF REAL PIgOP!"FiTY 23. SHALL. 8E D>kTERMINEC- t3ii:TWEEN EAGH tNDIVfDUAt. t3ROKER AND THE BROKER'S CLIENT. 24, COMAENSATION: Buyer agrees to compensate Broker if Buyer or any other person avting vn thv Buyer's behalf agrees to 25. Purchase any property during the term of this Agreem t. 28. i. Buyer shell pay Broker a r stainer tae of $ _ when Buyer signs this Agreement. Broker shalt keep this fee 27. even tf buyer does not Purchase property. The re finer paid shall apply toward satisfaction of the Buyer's abligatian to pay 28. a Commission to Broker, 29. 2. For rest estate llsiad frx aerie by a real estate broker, Euysr shaft pay broker a commission of __% of the 30. Purchase price of thff prap6rty plus $385.0!} (°the Corremissian"),when Buyer Purchases or upon demand, if Buyer refuses 3t. to close the Furahase upon terms specified in an accented purchase agreement, if: 32, A. Buyer Purchases or afirees to Purchase property before the end of this Agreement, (unless Buyer uses a dilft3rent Agent's 33. services}; of 3d. B, Within _:;~~'_ days after the end of this Agreement. Buyer Purchases property which either Agent has physi- 35. Gaily shown Buyer at in which Buyer has made an stffirmative showtnQ of interest to Arent before the and of this Agree- 36. men!, as tong as Agent has identified this property en a written list Agent gives to Buyer within 72 hours after the end of 37. this Agreement. 38. C. buyer shalt not be obligated to pay a Commission to Broker if upon expiration of this Agreement, Buyer has entered into 39, another valid Buyer Broker Agreement, 43. 3. The Broker is authorized to negotiate and receiver a cammi5sian or f6®paid by a Seliar and/or Seller`s broker. Tha amount of at. the commission or fee to be received from a Setter's broker shall be determined lay and/err equivalent to the published MLS 42. offer of compensation to buyer broker. Broker shalt notify Buyer in writing as Lathe amount of compensation being received 43, from Salter err Sellars hro!<er prior to ,~B~~,~~u}}}yyyiii~~~~~~r signing an rafter to Purchase the property. Any camrnlsslon or fee accepted by 44. Broker iron a Seller or Seller's braker~,sHAl..t_ ^ SHfsLt_ NOT reduce any obligation of #ha Buyer to pay the "percentage" a5. portion of Commission, however, Buy r r``emains iiabie to pay the fixed portion of the Commission (see line SO) at ciosing. 48. Buyer understands Btryer may be required to pay certain closing costs which may iriarease the actual cost of Puchase. 47. 4. For properties not Eistead with a real estate broker err for sale by owner pro arties which i3uyer Purchases or agrees to 48. Purchase with or without assistance of broker, Buyer agrees to pay t3raker/4 urchase price of the property 48. plus $385.00 as full Commission due under this contract. 50. O7iiil+R POTENTIAL BUYERS: The Broker or Agent may rr3prasent or work with other potential buyers for the same prop- 5i. arty before, during and after the expiration of #his Agreement. Qiher potential buyers may consider: make aff8rs or Purchase 52. through Broker yr Agent the same or similar properties as Buyer is seeking to acquire. 53. PREYlOUt3 AGENCY REtATiQNSHIPt3: The i3roker and/car Agent may have had a previous agency relationship with a setter 54. of a property the E3uyor is intending to Purchase. Buyer agrees to allow the i9nyer°s Broker and Agent to keep information 55. regarding the ultimate price rind terms the seller would accept and the motivation for setting confidential, if known. THIS f8 A LE(3ALt Y f3tlNiDtNG CONTRACT BETWEEN BUYERS AND COLDWELL BANKER BURNET, tF YOU DESIRE LEt3AL OR TAX ACtViCE, CONSULT AN APPRCaPE'itATi; PROt"trSStONAL. csK rasa (araei cornea Ana ap~res~m ev rvat kc ~~ 144 41146/2445 49:23 FRX 65173137464 CB BURNET y000BURY 1~493/42B CONTRAt:T FOR NON-EXCLUSIVE RIGHT TO REPRESENT BUYER 56. GENEt~AI. NA7UflE OF PHC3PEF3TY: (including the foiiov~ring property types: existing, new construction or to•baa-built} S7. (Check all that apply) SfI. residentielJPersonal esidential/investment ^ Gammercial/Industrial 59. ~ Recreation O Frarrr Ct scant Ltand 50. PRILrAT~ lNSPECTtQN/lNAf?I3AFtTr: The Sreker and Agent recommend that Buyer obtain a private home inspection to sat- 61. isfy himself/herself with the physical candition of the property. Furthermore, there era warranty programs available tar some B2. properties whim the Buyer m.3y wish to investigate prior to a Purchase of any specific property. 83. OTt1ER: sa. NOTt RE.t'~QRDiNG PREDAT±~RY C)FFENDER INF'ORMA'TiC?N 65. information regarding the predatory offender registry and persona registered with the predatory offender registry under 66° MN Statute 243.18!3, maybe obtained by contacting the local few enforcement offices in the community where the prop. 8T arty is Eocated, or the Minneaata Qepartment of Corrections at (ti51j 38f -7200, or from the Department of Corrections 88. Web site at www.corr.state.ann.us. es. ADDITIONAL ~Ol'It;I~S A[~(D TERMS 70. If either Bu er or Broker brie s an action for enforcement of this Agreement the revailin a 7t Y g P g p rty in such action shall be entitled to recover a!I costs and expenses including all rraasonabte attorneys' fees and court costs. 72. CONSEN"(' POR GQMM r I .ATId 1 OTNER 73. Buyer authorizes Broker, Its salespersons, and affiliated companies to contact Buyer by mall, phone, fax, email or other 74. means of communication d~.aring the term of this Agreement and any time thereafter. 75. In the event Buyer purchases aNON-MIS Ilsied property, Buyer authorizes Broker/Agent to enter the property, in MLS 76. records, as a Comp sale an Buyer's behalf. 77. buyer acknow!®dges the possibility that sailers rsr seller's representatives may net treat the existence, terms or conditions 78. of offers as confidential unless Confidentiality is required bylaw, regulation or by any canf}dentialiry agreement between 7g, the parties. 80. AGENCY FtEP1~~SENTATION; tat. t1 the Buyer{s) choose to purchase a property listed bir Broker, a dual agency will ba created. This means that Broker S2. will represent bath the t3«yer(s) and the 5eller(S), anci owe the same duties to the Seller(s) that Broker awes to the 83. Buyer(s). This cvntlict of interest shall prohibit Broker from advocating exclusively an the Buyer{s) behalf. Dual agency B4. wiii limit the level of representation Broker can provide. ii a dual agency should arise, the buyer(s) viii need to agree 85. that confidential information about price, terms and m~tivetlon will still 17e kept confidential unless the Buyer(s) instruct 86. Broka9r in writing to dl8close specific information atseufi the Buyer(s). A)I other information will be shared. Broker can. 87. not act as a duel agent unless both the Buyer(s) end the 5elier(s) agree to it. ey agreeing to a} passibiat dual agency, 88. the Huyer(s) will be giving up the right to asxclusive representation in an in-house transaction. Howa3ver, it the t3uyer(s) 98. should decide net to agree to a possible dual agency, and the t3uyer(s) want(s) Broker to represent the Buyers}, the 90. Buyer(s) may glue up the opportunity to purchase the properties listed by Broker. 9t. Boyar`s instructions to i:4rstkst: 92, ~ Buyer(s} wiii agr®o to a dust agency rapresentatiors and will consider properties {fisted by Broker. 93. 8uyers(s) wilt not agree to a duet agency repraasantation end t conssider i k ~Q' Broker: Cl? OINELL WKIiE BURHEt' ,~,~ ,;t~uy~/' ,~r~s~-~"~~~.' 95. sy: ____-___ Buyer; aB~lae,mrton} 96. Oats: 87• Coidweli nker Burr-et '~~ ~~ l •~ 1~, . n ~ so.~w (Apenal tC>ero) , a a o 100. ~d~1 ~? ~l'.~ ~ 04 ~ / ~ ~ (Q~ J~~p (P (rnonol (PAam) Cora a aa4A f4/OE!} Page 2 145 04/0&12003 03.23 FRR 651?36?060 GB BlJRItET 'k00DBURV ~ 004/023 BURNET AG~N+vY R1=LAT1®NSHlPS IN REAL. ESTATE TRANSAGTIt~NS 1. Page t 2. MINNESOTA !-AVY_ REQUIEM that early in any ret;ittonship, real estate brokers or salespersons discuss with 3. consumers what type of agency representation or relatfcu-iship they dastre.~'~ The avaftabte options are listed below. This 4. is not a contract. Thla is an ttgenoy dtecfoaare farm only. if you desire representation you must enter iota a written 5. car9traet, according t4s state taw {a fisting contract or s~ boyar rear®sentation contract). llnti4 suoh time as you choose 6. to enter into a written contract for r8prasentatfan, you wilt be treated as a custpmer and will not repeive any ropres®ntaGon 7. from the broker or satespersan. The broker ar salesperson will ba acting as a Factl(tator {see paragraph V an page 8. two {2)), unless the brokr=r ur salesperson is representing another party, as described below. 9. ACKNOWt.EDGMENT: UVtt'e acknawtedge that t/we have been presented with the below-described options. 10. tlwo understand that until i/we have signed a repe~esentatfon contract, ttwe arrtlare not represented by the f 1. brokertsafespgrson. f/We under;atand that written arsnsent is required for a dual agency relattonshlp, 12, THIS IS Q~ DISCLOSURE ONLY, NO'f A CgNTFiACT FOR REPRESENTATION. 1 amre ~ f ~~61 3t afore ~~^- (Oatey } ) t 9~ 14. I. Seller's Broker: A brof~,er who fists a property, or rr salesperson who fs licensed to the fisting broker, represents t5. the Seffer and acts un behalf of the Seller. A Ssifer's broker owes to the Salfar the fiduciary duties described i6. on page two (2}.t2> The broker must also disclose to the Buyer material facts as detined in MN Statute 82.22, 17. Subd. 8, of which Ihr~ broker is aware that could a{aversely and significantly affect the Buyer's use or enjoyment 18. of the property. It a bro~tar or satespersan working with a Buyer as a customer is representing the Setter, ha or 19. she must ac# in the :ief er's bast interest and must tell the Seller any information disclosed to him or her, except 2D. confidential information acquired in a facilitator relrttionshfp {see paragraph V on page two {2)). In that case, the 21. Buyer will oat be represented and wilt not receive advice and counsel from ihs broker ar salesperson. 22 If. Subagent: A broker or talesperson who is workincl with a Buyer bui represents the Seger. In this case, the Buyer 23. is the broker's custorer and is not represented by that broker, if a broker pr satespersan working with a Buyer as 24, a customer is representing the Seller, he or she must act in the Salter's best interest and must tail the Setter any 25. information that is disclosed to him ar her. to that cage, tho Buyer watt not be represented and wet oat receive advice 26. and counsel from ihE broker ar satespersan. 27, III. Buyer's Broker. A E3u!rer may enter tnta an agre~:ment for the broker or salesperson to represent and act on 28. behalf at the Buyer. 7hr, broker may represent the Buyer only, and not the Setter, even if he or she is being paid 29, in whole or in par! by the Seller. A Buyer's broker +awes to the Buyer the tidupiary dunes described on page two 30. (2) j2~ The broker must disclose to the Buyer mais~rial facts as detined in MN Statute 132.22, Subd. $, of which 31, the broker is aware the! oould adversely and significantly affect the Buyer's use or enjoyment of the property. it 32. a broker or salesper: pr. working with a Seller as a customer is representing the Buyer, he or she must apt in the 98. Boyar`s best interest anrt rnu5t tail the Buyer any information disclosed to him or her, $xcept cantidentlai Iniprlnattpn 34. acquired in a facilitator n~latianship (see paragraph w on page two {2)). In That case. the Seller will not be represented 35. and will not receive adv;ce and counsel tram the broker or salesperson, 36. IV. Dual Agency - Broker ttepresenttng bath Setter and f3uyar: Dual agency occurs when one broker ar salesperson 37. represents both parties to a transaction, or when tuvo salespersons licensed to the same broker each represent a 38, party to the transaction. l3uai agency requires the informed consent of all parties, and means that the broker and Sf3. salesperson awe the same duties to the Setter and the Buyer. This rote limits the level of representation the broker 4p. and satespersan can provide, and prohibits them frarn eating exciustvety fvr either party. In a dual agency, confidential 41. information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party 42. instructs the broker tar .,afesperson in writing to disclose specific information about him or her. Other informatipn 43. Wlp be Shared. [7uat ngf~nts may not advocate ipr one party to the detriment of the othar.t31 44. Within the iimitatioris described above, duet agents owe to bath Setter and Buyer the fiduciary duties described 46. on page two (2).~z~ Dua! agents roust disclose to Boyars material facts as defined fn MN Statute 82.22, Subd, 8, of 4$. which the broker fs aware that could adversely ;and significantly affect the Buyer's use ar enJoyment of the 47. pr eg . 8 1 have hind the opportunity ro review ttte "Notice Regarding Freda#ory Offend~rlnfwmation". ~~.. S~nrrtsa3 MN:AGCYDEGS°t tt4/47} CBRt t~45 f (1/07) Owne~9 And Oper~led By MRT LLO ,,., . 146 4rt/46/2408 48:34 FA}S 6517367464 CB €3URNET tti'OCDBURM t~445/426 BURNET AGENCY RELATIpNSHIPS IN REAL ESTATE TRANSACTIGNS 1. Page 1 2. MINNESOTA LAW REt~UIH~' that early in any relationship, real estate brokers or salespersons disCUSS with 3. consumers what type of agt:ncy representation ar relationship they desire {'~ Tht3•avaifabie options are listed below. This 4. is not a contract. This is an agency discbsureform only, if you d®atre representation you must enter Into a written 5. aontraot, att:cr-rding~ tat 5t€ite iawr ja hating eontract or a buyer representation contact}, tlntii such time.as you choose 8. to enter rota a wririen contra~.:t far representation, you will be treated as a customer and viii not receive any representation 7. from the braker or salesperson. The broker ar salesprrson wllE be acting as a Facilitator (see paragraph V on page 8. two t2}), unless the broker or salesperson is representing another party, as described below. 9. ACKNOWLEDGrMENT: !/tJ7e acknowledge that !/we nave been prawn#ed with the below-t3escribed options. 10. 1/Wt! understand that unlit Nwe have signed a representation contract, tfwe amfare not represented by the f t. brvkerlsafespersan. tlWe understand that written consent is required for a duel agency retatlonahip. t 2. TWIS IS ,!>, DISCLOSURE ONLY, NOT A CONTRACT FpR REf+RE$I~NTATION. - „(StgnatWAl /~ (Matey (Signaturat tpa18) 14• i. Seller's Broker: A broker who fists a property, or a salesperson who Is -Icensed to the fisting broker, represents 15, the Seiler and acts on behalf of the Seller, A Seller's broker owes to the Seller the fiduciary duties described 16. on page two (2) tit The broker must also disclose to the Buyer material facts as defined in MN Statute 82.22, t7. 5ubd. $, of which the t~roker is aware that could adversely and significantly affec# the buyer's use ar enjoyment 18. of the property. If a broker or salesperson workintl with a Buyer as a customer is representing the Setter, he or 19. she must act in the Seller's best interest and must tail the Seller any information disclosed to biro or her, except 20. confidential informaGor. acquired in a facilitator relationship (see paragraph V on page two {2)). In that case, the 2t. Buyer will not be represented ahd will not receive sidvice and counsel from the broker or salesperson. 22. ll. Subagent: A broker or salesperson who is workinft with a Buyer but represents the Seller. In this case, the Buyer 23. is the broker's customer and is not represented by that braker. if a broker qr salesperson working with a Buyer as 24. a customer is representing the Seller, he or she must act in the Seller's best interest and must teA the Seller any 25. information that is dittctrtsed to trim or her. In that cage, the Buyer will not be represented and will not receive advice 26. and t:ounsel from thin broker or salesperson. 27. qi. Buyer's t3roker: A Buyer may enter Into an agreement for the broker or salesperson to represent and act on 28. behalf of the Buyer, Tht~ broker may represent the Buyer only, and not the Seller, even if he ar she is being paid 29, in whale or in part tsy Uie Baiter. A Buyer's braker owes to the Buyer the fiduciary duties described on page two 30. (2),trt The broker must disclose tc the Buyer rnatEtrial facts as defined in MN Statute 82.22, Subd. 8, at which 31. the broker is aware that could adversely and significantly attest she Buyer`s use or enjoyment of the property. If 32. a broker or satesper5an working with a Seller as a customer is representing the Buyer, he or she must act in the 33. Buyer's best interest an•d must tali the Buyer any intcsrmatian disclosed to him or her, except confidential information 34. acquired in a facilitator relationship (see paragraph tt on page two (2)}. in that case, the Sellerwill not be represented 35. and will not receive advice and counsel from the broker or salesperson. 36. IV Dual Agency - Broker iiepreseniing both Setter and Buyer; Dual agency occurs when one broker or salesperson 37. represents both parties to a transaction, or when two salespersons licensed to the same broker each r®present a 38. party to the transaction bust agency requires the informed consent of ail parties, and means that the broker and 39. salesperson owe the same duties to the Seller and the buyer. This rate limits the level of representation the broker 40. and salesperson Can pravtde, and prohibits them from acting exclusively for either party. in a dual agency, confidential 41. infarrnation about price terms and mativatton for pursuing a transaction will be kept confidential unless one parry 42.. instructs the broker ter salesperson in writing to diECtnse specific information about him or her. Other information 43. will be shared. Dual agents may not advocate for one party to the detriment of the othet•i~t 44. Within the limitations derscribed above, duet agents owe to both Seller and Buyer the fiduciary duties described 45. on page two j2}.tit Duat agents must disclast3 to payers material facts as defined in MIS Statute $2.22, Subd. t3, of 48. which the broker is av~are that could advsrseiy ,and signHicantty affect the Buyer's use ar enjoym®nt of the 47. pro e 48. J have bald the tappprtttntty to revJew the `7VOtlce Re~arcting Aredatory Offender Jnfarmation" . /~ (r a1) rt~daq- 49: `~ pR paces ?wo. (2j htN:AGOYDIOS•i t~f4?} ~giFit9d5 t8lA7i Qwrrad And Overrated ay Pir7T L4.C t~ 147 04/06/2008 09.31 FAk 651238"0617 CB BURNET ~OODBURY f~7j406l028 • R AF~IL,fATED BUSII+iESS AR NCEMENl' ®1SGLOSURE STATEMENT - + TD' Consumer From: Coiciweli Sanker Burnet ~R~T Thank you far conW cling us, your beat Caldwell 8artker Butnat otTica (here inafter Broker), in connecl'ton with the purchase or sale of a home or other property. Th191s to give you notice that Broker has a business rrslationship with Iha companies fisted in this Statement, in chat each Ot khe compa119es ig whoity ar partially ow•nad either direc8y or indirectly by tvRT LLC or by Raato®y Carpnration, Rsalogy Corporation indirectly wholly owns NRT Lt.C, a parent company of your local t3roker anti ether brokerage offices throughout the net+on. Realogy Corporation also owns the hanchisor of the COL{)WELL. pANKER°, COLpWELL 6ANKER COMMERCIAt.°, CENTURY 21`, ERA' and SOTHEBY'S INTERNATIONAL REALTY' eystetns. Because of these relatianshipa, Ina referral of business to these companies may provide us, our etnpioyoas drothnr related parllrs nottsd herein a financial arotharbenetit. In tannectlon with providing real estate bt'okerage services, Broker may receive a cornrniesian or a cooperai>ve brokeraQa referral fee for a referral to another real estate brokerage company (which 16 typlcat In the reds estate brokerage industry); however, this will not affect the amount you pay to purchase or saR a property. We have get forth betaw the tuft range of services Iha! G1ese carlpaniE~s provide, along with an estimate of the range of charges gen®ratly made for these services. Yau are N01'requlred to use the listed campanir:s es a condltlon of the purchase or sale of your property. THERE ARE FRECtUEN'RY OTHER SETTLEhtENT SERVICE PROV1dER5 AVAILABLE W)TN 5{MILAR SERVICES, YOU ARE FREE TO SHflP AROUND TO DETERMINE THATYOU ARE RECEIVING THE BEST 9ERVICE5ANR THE BEST RATE FOR THESE SERVICES. ~ H,D"i pESCRtt+T)ON! MtNNt:50TA ESTIMATEOF RANrtE O~ WtSCbNStN E5T1ktATEOFFtANaeOP COMPANY LINE DESIGNATION CtfARGES GEHEtL41LY MAD!: 8Y PROVIbERt CHARGB9 GENER,411Y MADE BY PR8V1DER1 _ PHH HOME LOANB, LLC 9URNET HOME LOANS t t Laen orlgtnatton fee {801) o - 2°/a of loan amount 0.2°/, of loan amount d b a Provide a ruli range of t Loan discount Iee/pants (802)' 0 - 5% o[ loan amounts 4 - 5°I. oS titan amounts mortgage cecidentfal Rrts loan graduate and AppUcelian fee {800 9edes)' 50.5450 54 • $450 service 6URNET TITLE LLC _ Clastng tae (buyer and seler) line tt01 5280.1635 5225 • S28o dtbla Burnet Title and Burnet Tale of Wlaeonsln Title Evidence/seatehlabstrac4ng tee $185 - $350 per residential parcel inatuded in premium line 1102 (RESIDENTIAL) Provides searches of Ttde ~xaminabon tee (buyer or seller) public records, that bring Gne 1103 St45 """" ""' incAuded in premium to your attention any know problems whh the - ""' Ownlx~s Policyy of Title Insurance " Premium of no mac than 54 per Premium of no more than $5 par progeny's Ude before (buyer) floe tt00•it 14 par 51 A60 of sate price S 5,000 or Salo price with a minimam closing end Insures charge of b150.nU agatnat loss due fo certain Utte detects. Mortgage Policy of TiNe Insurance !;50.00 8 purchased with an Owner's (euyar) Ilse 11 OS•15 t0 PoNcy. Pramtum or no more than S3 per S1,000 of loan amount vrittwut an Owner's Policy, wlih,s mlMum charote of S19Q,Q,Q 350.00 with an Owner`s Polley MlscaNaneous Tula tae (buyedseUer) tlne~~146-it20 50.3400 SO-s5 t1.5. National 1031 Elcchango T Acts as a aauatined Intermediary tot Additions! sat0emen[ charges i ' 3600:00 - 53,000.00 5500.00 - E3,000,04 IRC 1031 tax Deterred Exchanges Ser es) (134( NRT Insurance Agency, Inc Hazard Insurance Premium (903) #2.50 - S4 par thousand dollars or $2.50 - 34 per thousand dollars or Provides insurance agency reptacemant cost of dwelling replacement cost of dwelling servtcas forhomeownars and e:har types of insurance. i 1. Actual Charges may vary act:orcing to the particular circumstances underlying the transaction. including Iha home value, coverage and Limits, other requested farms and services. unusual market conditions, g<tvemment regulations, properly Location and features, and other similar factors. Ratan may not be the lowest evaifa6ta and site subject to tfianga, For a free, no obtigatton quote, please contact the company dlrecdy. Where regwred by Stalk: taw. currant rate4 far insurance al•e filed with ttte applicable state agency, and depending upon the circumstances, may very from the rates shown above. 2. Tho loan discount feelpoints are alrecled by the note rate. Depending upon marke! conditions, Iho loan discount teetpolnts may be higher to adJust for below•rtark,al ratan, 3. Thera are other charges impaled in connection•with mortgage loans, to addition, a Lander may require the use of other service providers. includingg but not IlrttitAd to an attorney, erodit reporting agency or teat estate appraiser chosen to represent the tender's interest. It you apply to any of these companies !nr a loan, you will receive additional Information regarding anticipated charges. Although not attilialad business arratt~ements, please also note the followingg; certain Brokers market the Coldwell Banker Home Protection Plan (provided by American Hame Sh1eld CorparaUon), as wall as other produ4fa and 6nrvi,e5. Broker, its employees nr its affiliate(s) may receive a financial or other benefit in connection with thhe products or services described herein. Actcnawiedgemettt ot° Receipt of ~isciosure hav® received the Affitieted Business Arrangamen! Discinsure Statement drnm 6reker end undef.tand that Broker may refer rrlatUS la the Battlement I rovfders Il/ste~n t to ,,,+ r r, its employees nr 11s~ayff~ilieta(s} may retaiva a financial or other benaflt ac Iha rasuH of that retarrat. .rem r~' ..~ .SU ... __~'•--~ ~-^t.._ _~__ .. _. ..__..... Na a Date ~ Name Date COL9YYEt.L BRYI4EA` and Gq@.OwEIL eANXEii GOUA$s' 4CtA.t' $t$ rdBlra®end tttltl$M$(tII tieane$d t° Cc7d+~ al a$nh$t A$ai [6Y3I0 LIG. r:Ra` i° a t09{mtexd VademeN tlcenztd !o EAA rranchlsffi '$y6telna. ELC. CErtr uRY aY 9S a roptctcrod vadamam Rtan,ad sa c$niuy ?t A $aI E uaq ltC, apTF<E9Yg {NTERNATiaNAL paAlTv` a $ rep+etned tred°m.:k lkanrad to samtoyr Inlemshone! Atahy Amrsl°s, lCG An ECY°I Opyananity Company. i~® Equal H°a:M:>appanuntry. axnnd And Oparamd Hy NRY 44C gtnnr NRT IIG. A$Agnle roa$tu$d. CaRtt48 tdr96i Rovtadd Apt112~8. 148 a4/p6/2pa9 09:3! FAX &51?38708a CB BURNET t~4!)DBURV ~ 4471028 • COMMISSION D1$C1.OSURE App~PiDUM TO bUYSi~ CONTRACT BURNET Addendum to contract r3ated~ ,~6 ,between ~'° ~`~`~~ ~~~' dd1 (Buyer} anc! Coldwell Banker Burnet, Buyer's Broker- (Broker). ~ ~~ "°f Broker hereby notifies Buyer chat the "selling portion" of compensation (excluding"listing portion"} Coldwell Banker Burnet fs receiving from the seller andPor sellers broker is% of t~t8 sale price, Buyer acknowledges receipt of this Disclosure prior to the Buyer signing an offer to purchase the propeny,and that Buyer has received a copy csf tF-is document. Coldwell Banker Burnet C@R 1t4@(nn@i ~~'' ` f°' ' L, o,~ i~t o ~= /~ N~ __- Addrou ~Q~ 7D1~ ? ~ 15 ~~ 149 ~„~,~~~~~~~~ ,gym 041b6/2008 09:32 FAX 65i7387bS0 GB BUiiNET 4100D8URY ~ 0491028 * F~URCHAS~ AGREEMENT ~ This form approved by th9 Minnesota Associallon of REALTORS, which tllsclaims any iiebitity arising out of use or misuse of ihte form. ¢+2007 Minnesota Associallen or E3EgL7Ufl5', Edina, MN ~-URNET , . gate , ~~ig'/~ +~¢~ a ®g~... 2. Page 1 of 3. l~EG~IV~o of '~-~ 7" h' ~ F ~C:)Gt]~,.,,~~•9~ f~'G~tt~ t-ITSF..1~9'lN~fi/rEfoi~ a. ~ ----- the u of ~.._~'7~ -d'rAw1,~~,d/d~ ~; ~ r~ ~"°®°~diiars ($ ~Z ) 6. by'~J~$Qy{~(rlCHECK ^ CASFI ^ NOTE as earnest tnraney to be deposited upon accep ance of Purchase 7. Agreet»eat by ai! parties, nn or betoro the third busanass day after acceptance, in the trust account o! listing B. broker, unless otherwise agreed to in writing, but to BRA returned to Buyer if Purchase Agreement to not accepted 9. by Seiler, Sald earnest money Is p}a~rt payment for the purchase of the property located At 10. Street Address: 7 ~' ~~~^,L r" ~~,L~._ ~ ~ ~ ~_ - t t. City of ~' CAL. Vlwt ,Q//~- ~"~'~/~ 17~ T•~S' County a} _ ~~~, 12. Stale of Minnesota, tegairy described as « t ~ f°~~ a ~~~~'~ i 3. ~.~_.~~'~/tee p S'~.r+O.d~- +S ri.~>sf1 `T ~ E' X R ~; J ~°'r~„'~ '`,3 1a. ~~t~~ ~ ~ i~ ~. ib. including ail fixtures on the following properfy, if any, owned by Selivr and used and located on said property, 16. including but not limited to garden bulbs, plants, shrub:. and trees; storm sash, sierm doors, screens and awnings; 17. window shades, blinds, traverse and curtain and dretpery rods; attached lighting fixtures and bulbs; plumbing 18. fixtures, water heater, hEatfng plants (with any burners, nen-fuel tanks, stokers and ocher equipment used In connection i 9, therewith), built-in air-GOnd~tlonirx~ equipment, sleCtronir. alt titter, water softener ^ OWNrwb ^ RENTEDONE, _._.--_--(tlha#t one.}---.--..-..- 20. built-in humidttier end detwmidifier, liquid luel tank(s) ^ OWNED ~ RENTEONE and controls {if the' 21. property of Seller), surr,p pump; attached tetevlstan antenna, cable N jacks and wiring; t3U1l.TINS:.dishwashers, 22. garbage disposals, trash compactors, ovens, coop-top staves, microwave evens, hood fans, intercoms; 23. Al?ACHED: carpeting; mirrors; garage door openers and all Controls; smoke detectors; fireplace ~creans, doors and 24. healilatdrs; AND the followmg personal property; ~__...,,.,.._ _~. 25. 26. _ 27. aft of which property Setter has this day agreed to sail to Huyer for sum of ($ ~C~ ~ ~ ) ag, which Buyer agrees tofpay In the following manner: 30. 1. Cash of et feast ../,~ .~._ percent (%) of the sale price, which includes the earnest money; f'L.UB 31. 2. Financing, the total amount secured against this property to fund this purchase, net to exceed ~...._ 32. percent (%) of the sale price. 33. Such financing shall be (check one) [] a llrst mortgnge; ^ a contract for deed; or [~ a first mortgage with 34, auborcilnate financing, a;, described In the attached Arldertdum: 35. ^ Conventional ^ FHA ^ DVA ^ Assumpflan [] Confrecf for Deed`~Other: ~-~'`S f'# 36. The data of closing shat! bra ~P/R!L ~ ~ _ , 20 ~ . 37. This Purchase Agreement (~ 18IS NG7 subject to a Gonlinc~errcy Addsnda~na for sate at Buyer's property. .. •( rokone.}•••.•• 3t3. (ff answer is IS, see attachA~d Rddendum.) 39. (tf answer is i5 NOT, the cic~stng of Huyer's property, if any, may stilt affect Buyer's ability to obtain financing, if financing 4Q. is eppiicabte.) Mtd;P,A-t (8107} e;BRta1 f (9JOy} fhvnad And bpa:etnd ny F1RT LLC _ 150 O~f06/2008 08:31 FA1t 5517387060 CB BUREtET ~OODBURY X1008/028 P~~cT>oz~ 'Your ~oldwe0! ~~~~~ Horrie Protection plan in~f©ur easy s#eps! Pz,Arr ~~> ~ p ~'?.3L.-~~° tiS°l~ ~~ G4~ ttClr/f~ '~ Select the Care Cavewage plarf~ that is ri>=ht fnr you. Salter & euyer e u y a ~ . ` ^ 5inglB Fi tTllly HOrYIA (It S.o00•t0.000 ~q.kyalf ro. quota) .p+~~0 ~p ~ /~ + a .pYf.V ^ Canda,r!'awnhomeEMobide Home ~44Q 3$Q fdtW GaTStruetton Str4glt?~tevv,~reyears2-SI iV(A1 rr .av1® ^ New Construction Condo (mversyears2..1 N(A SSBQ Note: For duplex. Ttlpleic and Fourplest pricing, pl,tase tall 1.866747.4755 for quote. 580 Ttatte 5E9YIeC 0211 F0a for lath trade se~vErn r2riUPSt, or acarat o~ whidrever h Iess.Additional chargos may applyto certain repairs and rt:platements . Customize your W©me Prtatectian Plan ~ with the selections below. Selfn & Buyer Buyer D ServicePlus Paekage~ gYp ~••f[f (AValfabla ra Shcu V S~Rtr tM aynr Can ta.~enae Ptan f.•tr<adl ~Y! 7 _-~• i 17 O CoveragePtuz Package'o ~ ~J~ ~JJ (pwllabrate5al1ali9~IkrnndaurerCarceaxrstevhnrnyrtadt Optional coverage ava(table to Buyers only. ^ Kitchen Refrigerator w/Ire Maker and bispenser ~5 [~ Additional Refrigerator w/Ice Maker and Dispenser" $25 G3 Washer and Dryer $$o _ O WasherfDryer'RefripreratorwJlce Matter and Dispenser S~i~2 ^ Free Standing Ice Maker $45 _ ^ Swimming Pool or Inground Spa Equipnunt^ X160 ^ Switming Pool/Inground Spa Equiprnenttsmrrdr~rfprxexv)`° $1ti0 V Spa Equipment" ® Additional Swimming Pool or inground ••• ~ - X84 ^ ^ Water Softener ~1} ^ WeN Putytp" $85 ^ Septc System pumping anti Septic Sewa(Ye Ejednr Pump"'~-~d ~ _ Total Xaur coverage and confirm. Core Coverage Plan _ $ ServicePlus Pat&age _ $ CaveragePlus Package 3 _ Additional Options ..... S _ ~Cai'AL: The warranty plan fee may include a service fee payable to the named real estate company for adminlstratlve and ocher services performed in tha procurement of plan, Ineluding promoting, srlling, processing, and advertising rho plan. The servicr fee is a good faith estimate of the value of rho above named Teak estate company s services and expenses In providing such senrtees In the procurement of plan. ^ I accept the bangers of the AWS Wome Wfurar~ty coverage. 1 teeeived a cgpy of tha AW5 Nome Warranty r:ontrad and understand the key terms, coverage, limitations, and exclusions, and had the opportunlry to ask a fian5 regarding such coverage, I tlin 4heop orlon' rotas e o rrantyegv ag Sign a Gate t °Kitchen Refrigeramroptign must purchased. °Nat available for Condo fl'ownhame/Mobile Issued and Adm stared by Rome ex{Opt Spa &qulpment. AMERICAN NOME SFREtD` ~• Please provide the foliowin infr,rrrratian, ~~ ~~ Property a gets to a cavtn City Star= i¢ Contreta a (Provided when ANS reteivet your application.} Please check appropriate box for initiating agent. Required fields have been 6aldeab. ® Seller Inforrrtation Sal ar Natna E l Phone Number E•rnai) A rmas 1,4a ngAddreea Ciky State zip Reai Estate Company 4gent Name Agont Ema Address tut n c umber Q Buyer Inforrn~ltiort 4,isdng Expiration Date buyer Name Phone Number 4•mait Ad rasa MaiSng Address ~.Ity Mats iiP Yteal €srate Cempany AgCnt Name ,1gaet E•mdl Addtuae i` } tAaln ofrica Number G.It751fl~ COmQany rrlfOrmfltlOn n i:loalna Campatty Name { ~ E } Nhane umhas ~~~~ Fax Number fattmated Closing Dare Ctosing umber , t,tasdng Rep Nama Favor No. 50bQ00 7joa <- _ - -- ~.aasa fyniine phone phanl #speBat Fare t"taii wtthtrut payrrerit Milt tvitt'r I*aprtt6nt wwuca4tsirran`atttlts.tornjcotdvretittanker 1.8bfr•783-4988 1 ~Dt4~750.2029 1 33§=a47® AhtS, P.t?. Rax 849 AF45, P,Ct. Eax 2503 Carrell, IA 51401 Mentpttis. TN 38101 151 Oq/06/2408 09:32 FOsX 6517387060 . . -• 1~! 1<I~ DE1rD/MAIaKETAelt=llTt_Et Upoe performance by Buyer, Seller shah deliver a __ Deed )olned In by spouse, if any, conveying Warranty oaep.ar ~ Other ..^_..._..-...,,___....._.. ..(Qheck a»e.r•^ marketable tttie, subject to (a} buNding and zon{ng laws, ordinanc®s, and state Find fedarat regulations; (b} restrsctlons relati~~g fo uae or improvement of the property without eftectlva Forfeiture prnvislons; (C) reservation of any mineral rlght5 by the State of !•Alnn®sota; (d} ulillty and drainage ~aasements which do not intesiere with existing impravoments: (e} rights of tene~nts su toilawa (unless specified, rent subject to tenancies): _.~..--~- "- and (f} others (must be spi:cttlod On wriftng}: ~^~'~°' `s.. lu~9~NT ~N~~~ '~ i . ~s2BP rt.l'f''G '~ NCx ~~ 7'.x ~./G~ d- ''~•'~'~J' 1 h/ 43. ThlS Purchase Agreement ~ iS I~tLts ~d~ subjeot to caf}celiatlon of a pr6viously Written purchase agresm®nt A4. dated ~ -- ~ , ~ 20 . tt 45. (if answer Is ts~ saki ca~cetiation shall be obtained no later than 46, saki canceil8ttan is not ol:tatned by said date, this Purchase Agreement is canceled. Buyer and Seller shatllmmedietely 47. sign a Csncelledon of Purchase Agreement confirming said cancellation and dlreating all earnest money paid 49. hereunder to be relunded to Buyer.} ~,- 49. Buyer has been made aware of the availability of praparty inspections. Buyer [] t^lec~sJ~C! D~cttnea to have a 5p. property inspectlan patinrrned at BBu//yer's expense. . fit . This Purchase Agreement [~ tS'l'~.15 NOT subJacl tt: an lnspactlan Contingency Addr~ndum. 52. (N answer is t5, sae attached Addendum.} 53. 54. 55. 66. 57. 58. 59. 80. 61. 62. 63. fi4. 66. ~~: fi7. 68. 69. 7C1. 7i. 72. 73. 74. 76. 76. 77. 78. 7t3. 46. C8 BURIIEi ~0017BURY ~ alo~oz6 PURCHASE AGREEMENT Ai. Address ~'~ ~~} 42. Page 2 Date ~7~"!zsG-!~r,~.=-tr3°~-`-- BUYER 6HALL PAY SELLER SHALL PAY on date t closing any deferred real estate taxes (e.g., Green Acres} or species as,~e5smanis, payment of whtch is required as a reeutt of the ctasfng of this sale. ^ Bt1YER AND SELE.ER StiALL pRiiI~ATE A5 Ol+ THE DACE tat' CLt35lNG 5E1-1_Eit SHALL PAY. ON ...-•---..........~_._.____v........°--•-_ ........................_._.....,.»,.(Check one.p........__...-... DATE Qtr CLOSING alE instal(mants of special assessments certified for payment, wish the real estate taxes due and payable In the year csf closing. ~] BUYEti SHAi.t ASSUME SELLER SHALT" PAY on date of closing all other spacial assessments levied es ........................_...._~....~cnroxa+a. _.._.......,........._._~._....... of iha d@te of this Purchase Agreement. Q BUYER SltALL ASSUME SELLER SHALL Pl~4VfUE p'OR PAYMENT OF special assessments pending as ._ ..........................._..._...........................--(Check ano.}.-......_._.._.......,...~.____..........__......... at the date of this Purchase Agreement for lmprr~vem:~nis that have been ordered by any assassUig authorities. {Bailer's provision tot payment :.haN be by payment Into escr.~w of two (2} limas the estimated amount of the assessments 6r IeS6, as required by Buyer's fender.} Buyer shat! pay any unpaid spealal assessments payable In the year totiowing closing and thereafter, the payment of which Is not atherwise herein ptovidad. MN;PA•$ {f3/09j vv^SRtDdt 0107) D~art9d .°,nd ~psreied By NRT (,~C fl ~, ~ ~"U g C~lo~,l~ 152 04!46/2449 49:32 FAn 6517387484 C@ BtJRiiE7 k+000@iJRv Crlj411/028 PURCHASE AGRE~NIENT r r '~ sf. Address '~t'~~'~~ pDG~ S•T ~~ ~i T~~E'~' 82. Page 3 t7afe !'~'pR~°'~~- i°~ Q a ~' . ~. As of the date of this F'ur~:hase Agreement, Setter rE~preserrts that Seller ^ FtASQ~~iAS NOT received a notice . ( ans.}...._._. 64. regarding any new imprav~rment project from any assessing authorities, the costs ref which project may be assessed R5. against the property. Any such notice received by Seller after the date of this Purchase Agreement and taefore closing t36. sha(I be provided to Buys ~ immediately. !f such natic~~ i5 issued after the date of this Purchase Agreement and on 87. or before the date of Croat+rg, then the parties may a~lree in writing, on or before the date of closing, to pay, provide tj8. for the payment of or a.~u~ne the special assessments. In the absence of such agreement, either party may declare 89. this Purchase Agreement ~:anceled by written notice to the other party, or t'sci3nse® representing or assisting the other 90. party, in which Casa tl?ls Purchase Agreement is canceled. {f either party declares this Purchase Agreement canceled, 91. Buyer and Seiler shall immediately sign a a;enoelfation of Purchase Agreement confirming Said cancellai'wn and 92. directing all earnest mone;+ paid hereunder to be refunded to Buyer. 93. Buyer steal! pay~'RORt~TED FROM DAY C)F C;LO&iNG [~ 9 2ths C)F ^ ALL ^ NO rest estate takes due t34. and payatale in the year 2C ~.~ . 95. Seller shal9 pay PRORATED TO DAY OF GLOSINt:i ^ 12ths OF ~ ALL ^ NO rest ostate taxes due and c36. payable in the year 20 _~~ . ff the closing date is changed, the real estate taxes paid shall, if prorated, tae adjusted 97, bo the new closing date..;eller warrants taxes due and payable in the year 20 shall be~,FULL-[~ PANT-[] NON- (LY~edc orre.)- $8. homestead ctassificatian. $$. lF part- or non•t,amestead classification is checked, Seller agrees to pay Buyer at closing $ _~~~ 100. toward the non•homestaa9 teat estate taxes. Buyer tigress to pay any remaining balance of non-homestead taxes 10f. when they become due and payable. Buyer strait pay teat estate taxes due and payable in the year following Closing 102. and thereafter, the payrne 1t pt which Is not otherwise herein provided. No representations are made concerning the 103. amount of subsequent tea I estate taxes. 104_ PQS^sESStON: Seller shall deliver possession of the property no Eater than 0 M M ~L-t~f'12~~G_'~tte- closing. 105. All interest; unit owners` a; sociation dues; rents; and charges for city water, city sewer, electricity and natural gas shall 106. fee prorated between the t:~arties as of date of closing. Buyer shalt pay Softer far remaining gallons of fuel aN or liquid 107. petroleum gas an the day of closing, at the rate of the tact fill by Seller. Seller agrees to remove ALL DEBigIS AND 108. ALL PERS®NAL PROF'El tTY NDT iNCLUDEL~ HERI=tiV from the property lay possession date. 709. TITLE AND EXAMINAfICaN: Within a reasonable time period alter acceptance of this Purchase Agreement, Seiler 11p. shall provide one of th~~ following tote evidence options, at Setter's setectfon, which shall include proper searches 111. covering bankruptcies, slate and Federal judgments and liens, and levied and pending special assessments to Buyer 112, or Buyer's designated title service provider. 113. {i) A c;oinmitment far an owners policy of title insurance on a current ALFA form issued by an insurer licensed 11d. to write title insurance In Minnesota as selected by Suyer- Seiler shall be responsible for thi; title search and f 15. exam casts relater I to the commitment. Buyer shall be responsible for all additional Costs related to the issuance 116. of the lifts insurer+Ce policy{ies} including but not limited to the premium(s), Buyers name search and plat 117. drawing, if any. s+tller shalt surrender a Copy of arty owners title insurance policy and Abstract of Title, it in 118_ Seller's possession or control, for this properly to Suyer or Buyer's designated trite service provdder. 1 t9. {2j An Abstract of'ritiQ certified to date if Abstract Property Or a Registered Praperty Abstract {RPAy certified to 120. date if Registered {Torrensj property. Seller shall pay rot the apstraCttng or RPA costs and surrender any 121. abstract for this pmpe-ty in Seller's possessoor- or control to Buyer or Buyer's designated title service provider. 122, if property is AlastraCt and Seller does not tease an Abstract of Title, ®ption {t ~ will automatically apply. f29. Seller shall use Selter,s rest efforts to provide marketable title by the date of closing. In the event Seller has not 124, provided marketable title t y the date of ctasing, Seller shalt have an addttianat 3o days io make title marketable, or in 125. the alternative, Guyer rna~+ waive title defects by written notice to Salter. to addition to the 30-clay extension, Buyer 12ti. and seller may, by mutual . tgreerrtent, further extend the closing date. Lacking such extension, either party may declare 127. this Purchase Agreement canceled by written notice to the ether party, or licensee representing orassisting the other 1280 .party, in which case this P• ~rchase Agreement is canccated. It e'sther party declares this Purchase Agreement Canceled, 128. Buyer end Seller shall irY madiat+aty sign a CanCeJlat`ian of Purchase Agreement canfirming said e~nCatlation and 130, directing aA earnest money paid hereunder to ba refunded t4 Buyer. t4tN:F'A-3 t6J`47} CRR10426 (Ei/4i} Owned end Operased Sy t~RT `vC .,._ 153 04/0612008 09:33 FAX 651/367060 CB BURtiEt WOODBGRY f~jOt21028 PE11~CD-tAtSE ACREEiIUlEN7' 131. Page 4 132. SU8[sIVISff3N of LANt): f this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 133. all Subdivision expenses and obtain all necessary govt:rnmental approvals. Seiler warrants that the legal description 134, of the real property to be ~ac~+veyed has Been ar shah be approved for recordir+g as of the date of closing. Seller warrants 135. that the buildings are cr sh~atl be constructed entirely +~rithln the boundary lines of the property. Sgilsr warrants that t 36. there is a right of access to the prop®rty from a public right-of-way. These warranties shat! survive the delivery of the t 37. deed or contract for deacl. i 38. Seller warrants that prior to :he closing, payment in ful! ~roill have been made tar all Tabor, materials, machinery, fixtures 139. or tools furnished within the 120 days immediately preceding The dosing in connection with construction, alteration or 140. repair at any structure on, c r improvement to, the propr:rty. t 41. Setter warrants that Seller hf s not received any notice Pram any governmental authority as to r:ondemnation proceedings, 142. or violation of any taw, ordinance or regulation. If the property is subject to restrictive covenants, Seller warrants that 143. Seller has not ra3ceived aany notice from any person or authority as to a breach of the covenants. Any such notices 144. received by Seller shag be lrovided to Buyer immediately. 145. Seller agrees to allow rr;as~mabte access la the proprtrty for performance of any surveys or inspections agreed to 146. herein. 147. RISK OF LOSS: If there ~s r,ny loss or damage to the property between the date hereof and the date of closing for any 1413. reason, including tire, vandalism, flood, earthquake or act of C3od, the risk of toss shalt be an Seller. If the property 149. is destroyed or substantisrlly damaged before the ctoslnfl date, this Purchase Agreement is canceled, at Buyer's option, 151). by written notice to Sell~,r err licensee representing ar assisting Seller. if Buyer cancels this Purchase Agreement, 151. Buyer and Seger shpt! iirin+ediately sign d Gancellafh~n of Purchase Agreement confirming said cancellation and 152. directing alt earnest money paid hereunder to be refunded to Buyer. 153. TIME OF ESSENCE: Time is of the essence In this Purchase Agreement. 154. ENTIRE AGREEMENT: rhos Purchase Agreement, ar+y attached exhibits and arty addenda ar amendmsrns signed 155. by the parties shalt constitute the entire agreement between Seller and buyer and supersedes any other written or 156. oral agreements between t~~elier and Buyer, This Purchase Agreement can be modified or canceled only in writing 157, signed t3y Seller and 13u+ter ar by operation of law. AU monetary sums are deemed to be l.lnited States currency far 158. purposes of this Purchase A;reemeni. Buyer or Selter m~iy be required #o pay Certain clostng costs, Which may sliectively 159. Increase the cash outlay at closing or reduce the proceeds from the sale. 160. ACCEPTANCE: To be bind ng, this Purchase AgreemE~nt must be fully execu#ed by both parties and a copy must be 16t, delivered. 162. DEFAULT: If Buyer default ~ in any of the agreements hereunder, Seger may terminate this Purchase Agreement 163. under the provisbns of MN Statute 559.21, Ii elihar Buyer or Satter defaults in any of the agreements hereunder or 1&d, there exists an unfulfilled r•ondition attar the date sp+jeified [ar fulfitimont, either party may cancel this Purchase 185. Agreement under MN 8tat•ats 559,217, Subd. 3. Whe:nevar +t is provided herein that thts Purchase Agreement is t Sts. canceled, said language ;,htEll be deemed a provision aurharizing a Declaratory Dancepatlon under Mhl Statute 559.217, 167. Subd. 4. 168. H this t urchase Agreemen• Is not canceled or terminf,ted as provided hereunder, t3uyer or Selter may seek actual 189. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement, and, as to 170. specific performance, such •action must be commenced within six months after such right of action arises. 171. NOTICE RECiARDtNG pt~E:DATORY OFFEN®ER INFt3RMATtOtd; Information regarding the predatory aftendar 172. registry and persons ret~lsterest with the predatory offender registry under MN Statute 243.166 may be obtained 173, by cantaoting the local law enforcement at#Ices In thEF community where the property is located or the Minnesota 174. f3epprtrr-eiit of C~rrra~cttone et (B6i} 361-72t)Q, ap from the C3epartmemt as Correcst6an, Lvr:tr site at 175. www.corr.$tate.mn.us. tv1NrPA~4 (9lOT) 154 O~t08I2048 09.33 r'RX 8517387080 CB BURhET ~OQDBURV 1$Z. 185. ^. 184. - 185. 188, - 187. ,,. 188. ._ l~ot3loze 189. (Check appropriate boxes:.) 190. SELLIER WARRANTS THArTHE PRQt'ERTY IS EIThIER DIRECTLY OR INDIRECTLY CONNECTED TO: 191, CITY SEVYER~YES ~~l~O 0 CITY WATER~YES C] NO 192. ~'RIVA7'E SEYIjER SYSTE~It 193. SELLER CERTIFIES Ti-iAl SELLER ~ DOE$OnES NOT KNOW OE A PRIVATE SEWER SYSTEM 4N DR I ~)--- 194. SERVING THE PRpPEFITI'. (If answer is DOES, see i'rrvate Baronet System bisclosute 5tat~emenr.) 195. QRiVATE 41[ELL 196. SELLEF# CERTIFIES THp~T SELLER (,~ DOES ~~QE^s Nt)T KNOW CJF A WELL ON ®R SEFiVINQ TH1= ~Chea+c ona.}r-~-- 1$7. PROPERTY. (if answer i;: DOES and well is lgcated an the property, sea Well Disclosure Statement.) 798. THIS PURCHASE AGRI=EMENT ~ ISMS NOT St1E3~31=CT TO A PRIVA~'E SEWER AND WELL 1tVSPEGTIC~N ..•• (C one.).-- 199. CpNTINGENGYADDENDt/M. (If answer is I$, Sea attached Addendum.) 24Q. IF !~ WELL OR PFiiVATE SEWER SYSTEMi EXIST~t ON THE PIR4PERTY, BUYER WAS RECEIVED A WELL 201, D1SCLt?5URE 5TATEMEWT ANWOR A PRtWATE SEWER SY37EM D1SCL03URE STATEMEAt?: 202. ~.ICYi'IOE 203. ~~~ S~/~$+L~~.~C/12RhJ is ^ Se4let's Agerneuyer's Agent ~ dual Ag®rrt ^ Facilitator. 204. ~..~ ° 1~ L~Ii~M ~__....~ (Real E9tate Company Plarrse} ~ ~" ~'J~L 205, ~~,~ ._ _ is Ballet s Agent ®8uyer's Agent ^ dual Agent ^ Facllltatar. ppgg It-ipensa,} o,... ._.,......-...{C..har~tana.}-.,..._....._........~._..__....---~-- ... 206, i`~. ~K ~",~d f7te~.t {Redd Fatale Company Nitme} 2Q?. TiiiS ~Yc~TICE C3()fES ~Yi SATi ~I~iNE50'i°A ;i3TATfiTf~RY A2sENCY E3ISirL05UFtE F$Ei11REl'~EFITS. MtJ:PA•5 (8/t!7) t:l3R1042C {8107) Awned Atx! t;X~srated By NRT t.l.C 155 04!46/2008 09 34 F'AH 6517367064 CB BURNEI '<ft70DBi1RV ~ 014/028 • o ~ ~~~ PURCN ~ AGFI~EME[d7 208. Address " j ~ ~ r ~~e `~' ~°' /~/'~ 249. Page t3 Date '~~~~ ~ ~ d ~ ~- 210. SELLER WARRANTS THAT CENTRAL AIR-CONDITtC+NING, HEATING, PWMBING AND WiRINra SYSTf=MS USED 211. AND LOCATED ON SAit~ PROPERTY SHALL 8E IN WORKING ORDER ON DATE OF CLOSING, EXCEPT A5 212. NOTED IN THiS PUR{.H.45E AGREEMENT. 213. BUYER NAS THE RIQIiT TO A WALK-TtIROUGH REVIEW OF THE PROPERTY PRIOR T4 CLOSING TO 214, ESTAaLISH THAT T{iE PROPERTY IS IN SUBSTacnNTtA1.LY TNrr SAME CONDITION AS C}F TtiE DATE OF 216, THIS PURCHASE AGREEMENT; 2~ti. BUYER~NAS ^ NESS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT QR A .~_..,._..rc„~ Ana r----~-• 217. SELLER'S bl5CLC3SUHl: ALTERNATIVES FORM, 2 ~ 8. BUYER tiA5 REG8IVED THE INSPECTIpN REPOR'h'S,1F AEgl11REl~ BY MUNICIPALITY. SELLER AGREES 70 219. NOTIFY BUYER IMMEDIATELY iN WRITING O{: ANY SUBSTANTIVE CHANGES FRdM ANY PRIOR 220. REPRESENTATIONS RE,GARDlNf3THE PRpPEFi'TV, 221. {NTHE EVENT A SEt_i.Elt'S DtSCLOSUREALTERNA'PJt/ESFORM ISUSED INTH}STRANSAGTION, DISREGARD 222. LINES 223 THROUGH 2:'$. 223. BUYER ACKNOWLEUGf~B THAT NO ORAL REPRE~3ENTATIONS HAVE BEEN MADE REGARDING POSSIBLE 224. PROBLEMS OF' WATER iN BASEMENT OR DAMAGE: CAUSED BY WATER ICE OR ICE BUILDUP ON ROOF OF 225. THE PROPERTY, AND BIiYER RELIES SOLELY {P~ THAT REGARD ON THE FOLLOWING STATEM6=NT BY 228. SELLER. 227. SELLER ®NAS HA,S NOT HAD A WET BASEMENT AND ©HAS~NAS NOT HAD ROOF, WALL OR (Gn na.i-~__ --lGheckane.j----- 226. GEILINA t]AMAGir CAUSED 8Y WATER GR ICE BUILDUP. 22g, DUAL AGENCY REPRESENTATtgf+! 230. PLEASE CHECK dN~ OF THE FQE.LOWINC~ 56LECTtONS: 231. Dual Agenoy representation DOES l4lOTapply In this transaction. Disregard lines 232 248. 232. ^ Duai Agency representation ODES apply in this transaction. Complete the disGiQSUre in lures 233-,248. 233, Broker r6prgsents bath lire Se{ler(s} and the Buyer(sj at the properly involved in this ttansactign, which Creates a 234. dual agency.This mears that Broker end its salsspersn+~s owe fiduciary duties to both 5elier(s) and Buyer(s). Because 295. the parties may have cgn`iicting Interests, Broker and its satespersans are prohibited from advocating exclusively for 23fi. either party. Broker cannot act as a dual agent In this transaction withqut the consent q} both Selter(S} and Buyer(s). 237. Seller{s} and Buyers} act;nowtodge that 239. (1) confidential {nforrnatfgn Communicated to Broker whlCfS regards prdce, ters9r3, qr motivation tq buy or sell will 239, remain confldenttai anises Bailer(s) or Shyer(,) instructs Broker in writing to disclose this intgrmaiion. Other 240. informetlan will bta shared; 241. (2} Broker and {ts salespersons will nqt represent tits interest of either party to the detriment of the other; and 242. (3) within the limits of dual agency, Broker and its satespersgns will work diligently to foci{state the mechanics of 243, the sate, 2qd. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorise and instruct Broker 245. and its salesperson fa act as dual agents in this transaction - ~l~_ J~„~~jr+'~ ~,/ 246. Seller 247, Seiler 248. Date _ MN:FA•9 (e!0?) GBR1Q42D {9107} Owned Md Operated BY NRT LLG iJ . 156 04166{2005 0834 FRX fi5173B70ti~i CB BURPlET 4?OODBURV I~jOtS/02B BiJRNET 253. bTHER: F+URGNABE AGREEMENT 243. Address ~~d ~~'~~ ~ fT ~~ 250, Page 7 Date ~ f` ~+~°~~Q 252. - 253. ._. 254. 255..Other addenda may be attar:ht;d which are made a part eot this Purchase Agreement. (Enter total number of pages of 266. this Purchase Agreement, inclerding addenda, on line two (2) at page one (1),) 257. I, the ottvrtor of fhs property, accept this Purchase 1 agree to purchase the property for the price end on 25!3, Agreement end authbrlxE the !!sting broker to withdraw the terms and conditions set forth above 259. said property from the market, unless Instructed 1 have reviewed ati pagt:s tsf thta Purchase 260, otherwise in writing. Agreemene. 261. 1 have reviewed alt pages o4 this Purchase Agreement. 262. ^ It checked, thie Purcb:esa Agreement is sutt~ect to 263. attached Counter>affiar Addendum. 264. X t~Ot~~4 914YIflterO) 265. X (5a1Nf4 Prtnled Name} toflte} 266, X ...- tMarttst steNa} 267. X (Ssgars SE~rtaNn) (oue- 2~a, x _ (tiaHars Prirtled Name) 268. ~ (Msettal Stfltu4) 270. FINAL ACCEPTANCE DATE - ----- --- ~ ~' G~~ yer4 stQnetureJ Date( a Ptu+taa Nemo) X (raa~nat wawa) K teur4re srQnaturel lDatef X (augers Printed Name) iMernat 5tmway 271. 7titS 19 A Lt_GALLY t31NDING CtJNTRAt~T BETWEEN BUYER(S) ANp SEI.LER(5}, 272. tFYOU DESiE4E LEQAL CsR TAX ADVICE, CrJNSULT AN APPROPRIATE Pttf1FESSIONAL, 2T3, 1 ACKNOWLEDGETir1AT! NAVE RECEIVER AND NAVE HADTHE OPFORTtiJNITYT4 REVIEWTHE ,4Rf~t1`RATfdN 274. DISCLG-SURB AND R'ESft-ENTtAt REAL l~fiDfy~H7'YaRBfTf;<ATfON ,4~R~1=fw~Nr, wHtcN 15 AN c7PTIONAL, 275. VOLUNTARY AGREEMENT AND IS NOT PART OFTNIS PIIHCNASE AGREEMENT. /~ -~'~ 278e SEE.LER(S) BUYER( ~n~r:P,~~ (etoa} cQrzztxaa~ (etca} Maned end ®t~tsrk ey ~nT lL~ ;~ 157 04IU6/2008 08:3 FAX 65t73e°tU6o C6 BURNET 4400DBURY ~ Ot61028 6. DlBCLOSURE AEQUIRE:D: Under Minnesota law, 5trlters of resldentlal property, except by waiver or with limited 7, excepEfans, are obligated to disclose to prospective Buyers all material facts of which Seiler is aware that could adversely 8. and s'sgni}icantly affec! an ordinary Buyer's use or enJoyment of the property or any intended use of the property of 9. which Better is aware. Such a disclosure is not a warranty or s guarantee of any kind by Seller or licensee representing 10. ar assisting any party in the transaction. Bailer agrees to notify Buyer lmmediatt.ty in writing of any substantive changes f i. from any prier represerttetians regarding the property. t 2. (Gheclr appropriate box.) 13. Buyer has received a-7d had an opportunity to revitsw the Seller's Property Disclosure Stafernerrt; 14, or 15. ^ Buyer has received and had an opportunity to revitrw the Seller's Qisclosure Alternatives form. Sti. CONDrTI©N OF PRpPEt~TY: The property being purchased by Buyer, Including the dwelling, other improvements 17, and fixtures, is not new and is being purchased °A5 t8'', t 8. t3uyer understands thad the property, as def)ned above,'will be purchased in the eonditi®n it i8 in at the tame of Purchase t 9. Agreement. Buyer shall have 4he right to a walk-throu;3h review of. the property prior to closing. To the ®xtent there 20. is a matertal change in the condition of the property ar-sing between the dato of the Purchase Agreement and the 21, a)using date, Seller shat! be responsible for restoring the property to subsiantialty the same condtttnn It was to an the 22. date of the Purchase Agrt-ement, except that $elt8r shill have N© 09LIGATION QF# RESPONS18iLITY to re,palr or 23, replace central air-conditioning, heating, ptumbing'(including individual sewage treatment systems, unless otherwise 24, rt3quired by law), wiring systems ar welts on the properly if they tai} between the date of Purchase Agreement and the 25, date of ctosing. This provision voids lines 21{1-212 of tl'~e Purchase Agreement. 26. RISK OF LOSS: The Rlsk of LOSS provision in the Purchase Agreement is Modified as follows. If there Is any to55 27. or damage to the property between the date of Purchase Agreement and the date of ctosing for any reason, lncludtng tir8, 2B. vandalism, flood, earthquake ar act of God, the risk et loss shelf be an SeNer except that Setter shall have N® 29. ®t3LtGATtt>iN OR RESi't?N8IBILITY to rr~paie or repfacts central air-conditioning, heating, plumbing (including individual 3d. sewage treatment systems, unless atherwlse required by law},wiring systems r~r welts on the property it they fall between 31. the dais of Purchase Agre:ernent and the date of closin~l. If the property is destroyed or substantially damaged beicre 32. the closing date, this Purchase Agreement is canceltrd, at euyets option, by written notice to Setter or licensee 33. rt~presenling or assisting Salter. if t3uyer cancels this Purchase Agreement, Buyer and Seller shall immediately sign 34, a Cancellation of Pumhas~e Agreement confirming shad cancellatton and directing all earnest money paid hereunder 35, tra be refunded to Buyer, 39. R1GHT 4F tNSPECTIgN; Buyer shall have the right to inspect the property or to have it inspat;tad by a person of 37. Buyer's choice, eat t3uyar's expense. 38. TH(S lS A LEGALLY BlND1NG cONTpACT SETWEEtd BUYER(5} AND SELLER(S). 39, IF YOl1 DESIRE LEGAI.OFt TAX ADVICE, CQN3ULT AM APPROPRIATE PROFESSIONAL. MN:6PAIA•t (et06) CBR1061 f9lOfi) Owned And Operated Sy NRT LLC 158 94/96f29o8 b8:3~ s:AH 6517387969 CB BURNfT WOODBURY [~917/a28 BUYER PURGHA~ING "AS 15" A®DIENDUM 40. Page 49 , Property located at ~.-.--. --~" 42, SETTLEMENT IS FINAL: li )s understood that Buyer aCC+.pis thB property "AS 1S."ANY WARRANTIES CF PHYSICAL 43. cflNOITtON OFTFIE pfiOPERTY GOi*iTAiNED IN THfS P.uRCNASE AGREEMENT iNGt_UIatNG, 9UT NOT LIMITFt7 44. 70, CENTRAL AIR-CONDITICZNING, HHATING, Pt_UMtIING, WIRING, AND CONNECTION TO GiTY SEWER AND 45. CITY WATER ARE V011~. 3 his provision shall survive d+allvery of the deed or contract for deed. All other warranties 4G, speclfl9d in the Purchase Agreement remain the same. 47. t}TttER: --- 48. A9. - Sb. St. b2. 59, 54, 56. 5B. 57. 58. - 59. t30. t31. t9elierj {oe>aj _. (Dale} 6Z. - au er tneloj (BeNerj {DOIBj ( Y ) gg, THIS i9 A t.EGALLY Rltdt?ING CpNTFtACT 8te'1'1AdEEN BUYERS} AND SELLERS}. g4, IFYbU UESiRE LEt3AL (?HTAx AClVICIa, CONSU~.T AN APPRQpR1ATE ppOFESStONAL. MN~s~A1A-a lefosj ceRtrrs~a(erosj Owned Arid c~rr®rr~ted ~y r~~T LLO ,^e~. 159 04/4612468 Q9;35 FA}t s5173s74s4 r r ~~~~ 3. 4. 5. 6. 7, a. 9. 10. 11. 12. 13. 14. 96. 16, 17. 18. 19. zo. 2t. 22. 23. 24_ 25. 26. 27. 28. 29. sa. Addendum to Purchase A~ireament between purchase and sale of the ;~roperry at ~" .~,~i°'~l t7 dsy4 CB BURt1Et ~'DDDBURY ~ 418/o2e ~1C}DENDUM TO P1,lRCHA~E AGREEMtw!'+fT This form approved oy the Minnesota Association o} AarAI.TORS°. which disclaims any I}ahiliry ade)ng out of use or misuse o1 Ihia form. ~ 20Qfi Minnesota ASSOCiatlon of REALTOF{S°, Edin0., MN 1, pate 2. Page detEtd, '~ , 20 Q ~ , perta(ntng to the /I1f rt~C ~"tJ'~`JOd?~" ~'r~/ e~a~i~/~f? ~~. ®>s'° «+~P®T' ~t' ~u~~ l.S'o~~~ ~ /yA~'t" Laid T~~''~? G~~t' TiCr/1t~+e~' O ~'y°G~ /~' w~ Cf1~F.[~ ~' .~('~~•~~a.sw.L T` G 4G~wr'//tl~r 0/~ ~`lJ ,I~t~E.f'rLCG. 7`~'¢/„j'' st. ts~uerl 32. 33. 34, (sase~y .-.-. MN-APA (8to8} tDaze) t8uyer) 7H6S I$ A LEGALLY 91NDING GdNTRAC'i iHgTWEEN SUYEpS AND SELLERS. iPl'f7U t3ESIR~ LEGAL, 4RTA7f ALIVtC~, CON8UL7' aN APPROPRIATE PFit~t=ESStt~NAL, CeR1044 (Bd46~ owned And fiperc~fad 8y NR7 L!_G ttsai•) 160 ""//~~' L1/Lr~~~`~ .+$dr~dr~`/`7~'~~~.'~ GL°~~T/sal,6~sV/" d,LQ.~t T".~,i,~' ~. ~ ~y o rte' t r3Grda~ ~.~ Jy`~ra-~Tr ~. ~ r'~ _.+p/t / ~-.e+~ ~„ ~'/.C~ .r'y'/V +~ ~'? 1~ 77`~~C1" .~t~~ d'am' 04/06/2009 03:35 FAH 651738?060 GB BURIlET ~QO[lBURY ~ ots/o2B 07/27/2009 15:53 IFAH waadturyrealtyfBK@cbburnat.+:om a Woadnury Pax 1~b071007 -87r4~'1.16:44 - ~® Dlllfl~tl xuouau+~w >a 65173$7080 ~oo~~ts . _. 9 a~L~~R'S PR®Py.~RTY r e ~ dj~iv~.Qgup~ .~f~~{ ~~~~ This torn aptxo-'cd dy dte Minnttebta Asaor.+'ation or fiBAt.TORS°. pri~~ T ~.i 4+hIrN1 dP3tf8hri6 any Gat)iUty arieit~q ovf o! uas 4r m+suse 4r Ih1o tam. b~ iJ Lr~ ~2tib7 MLs+~sof$ Rbscictsti~ ®f R~aLTOfls~". €dins. M!~ 1. Dste ..~.-._..--..- 2. Peg®1 of pages 3. TN~,1ldFgFiMATtON t~IS~CLOSIEO i8 ©IY~NT'0'ti14E BE~1r by H[zl.lCA'S iCntOWt,6D41a• - 4, tw~r'tct:: This dtscfo3ure Statement sytiafiett the tlisciosurt! requirernente of MN $Intutes 613.52 through 813.60. 6. Under Mlnnesole law, S+ailers at residenfia4 {Srnperty, w~tth tlmited excapt3ons fisted on page nine (9), ate nbiigatad t4 6. disaloS®m prospaCU4e Eluyers at{ mattriai tam of wtli~lh 6Cfier LS aware ttsa! could adversely end signiticarttly affect 7. 8n prdittary ~uyet'rs use or enjoyment of the prop8rty yr igny {Mended use of the proporty of wttiCtt Seffer is aware, B. MN Statute 1573.58 regdltC9 Seller to ntttny 13ttyer ir) writing as soots as reasona61y possibly, but in any event 8. before Closing, if t3etter t+>iArns that genet's disdOsurrt was inaCCUrate. Seiier has disclosure rattsrnatives aliawed 10, by MN Statutts. Sae Sellctr'~ OlsctosursA(ternaNvgatorsn for further iMbrmetlOn teganding disclosure &iternatiVres, This t'1. df8clts8ure ig nat a wsrrarity or A puaraM9e of any kind by Seller Oar liosnsee repreS@Ming or easlating any party In the 12. Uantsactbn. 13. fN9YAUCi7OId57~-BUYI~RcHuyeraar~eencour8gedtuihornuphty+nep~ecitttaprOpertypersRnalEyorhaveitinspected i 4. by a third Ae-rtY, mnv to tnsluirt AOout any specfic Areas t+f canbern. NtJt'iC: It Ballet arrriwera NU to any pt the gUesi'rflns 25, 19Bleay below, -t does nr>f r~eceasarily mean tttet it does rot eXl3d on the property. NO may mean that 8ener i5 unaware t i3. ttsat it exfsftr on the propi~rty. t7. INt37rl~1)t~TYtlh13'P® ~Et.1.)ER- (t) Compiet~a this tnrtn yoursefif. (2) ~ansuit prior disctcsr,re atatetptent(sj anr!/or t8. lnspeatlon report(s) when Completing this faun, t3) U+tscribe acrtdili4ns affeotirtp ttte p-operry to the best of your 1f3. knawiedge. (d) Attach additior-al pages, with your 9lgntdure, iP edd'Cional space to requirert. {8j ,+tn~wer All questions. 2A. (e) if any lttrtttr do trot apply, writC "NA' not a~ptlcal>le). 2t. Property located at _.__`. ..~.~-~~-•-~--~ - - 22. Oily ~ ~ , Caurtry ~ ..®, Stets of MinneSOlet. 23. A. (iEh1SF1~-1. rNlFOti~fAttrsAt: 24. (1) When did yae+(j~Aoquir+: ^ Huild the borne? , ~ ~~ `~' -®~ --- ..,_..._,.rt~tDpr eau }_..--_ z5. {2) 1y~e of sae evidence: ®Abstract ^ Regitstf:rea (Torrens) 2&. Location of Alrsic:aGt: - 27. 70 your knowledge, Is there Art exiStirlg Owner'r;~ TiUi3 ItteurtrattCe ['olicy? ~] Ye8 ~No 28. (3) ~lasfa ydtt c~ccupitrel title ham6 ~tt3nurtuaiy for ltte past t2 tnan~ts? ^ Yes ^ ddo 29. lt'l~o," e:cQtafn: 30. (a) t5 th® Itorrte euitatKe tar year•round use? Y®s ~•~;~ hto 3t. (5} Ycs your ~nawiedge, t3 the property located fn S ~desiattsted hood plain? ^Yes ^ Nfl 32. (8) Are you in possetsbn of prtorselfer'S BisoJoBUt+a statert-ent(s)? ¢f'Yes, please attach,) QY®s Q Nn 33. ti') Is the property to+:atetf on fl public ur a private roetx? - ~PUtN~ (~ t~rivata 34. Are you aware or arty 35- {9} cncraaohm~+,td9 ^Yee ~Vo 38. (0) asaocfatiort. cx~vanants~ historical replsiry, reservations or resfriC9k)ns that infect or 37. may 8#feCt 7119 USt: or future resale 81 the property? 36. (t4} ants, atrter man utility ar drainage easements? ^Yes No YAr3 NO ~0. 4i a QRfGtIiyA1'r t;p!'Y7U 1 #N~ H KHi~; Ct1A1Hi?s'Tt? 5 HR, I~UY~Fr, SEL~.,dP1G HflQ[thR. MN: 3r'Q8•f 4@107) Gt3rt10^~9 (Sr47; Owrs6tS Arse CIp¢rsl9d >~ Nfi1 tJL~ , 161 Od/p6/2009 p5:36 FAX 65173$7p6p CE3 QURNET wUDDBURY p7/21/2pOB 13:33 YFAX woudbUryrealtyfax@cbburnet.r:am 20Q8-A7.21 1b:43 „~ „~,,,,~ ~ r,.w9unr ~ p20jp28 ~ &oodbury Fak ~ 005/007 »,_ J b5173870bt) ~p,~ta1 a • H ~t'S P~PE~TY :. - D1SC1.Q5i~1FtE ;~T~O'T~i{~~N'~ grj.~ ~ ~ 157. P$gp 5 t58. 7H~ iFI~Ct 'V!'iiCIN i.Q~i:ti 13 GIYIEtiri T+Di~iii ~ ~ ~PI.i.~IR'~ t69. Property boated at ~~ 1®t). F. PRNA1l`E W~t.t_ gl,9Ct.~8t1~E: (A wait dieotosurs atnd CBrtiticet8 SrC recluar&q try MN;~ttYtltte i 031.235.} 1 B1. (CJreok arppmprtanc txur,) 162. ~] Seiler certitiies that Seller does net know at any wails on ttte almve~dedlCtthed real property. td3, ^ Se11er aettiti~sg there era one or r8ore walla loc9tsd otl the abt~-deacri~ed real prop~r~r. 1sa. i~ war! t)iecl't~tro stater~enr,} 165. Are tltare arty ww3i[e servirt!j the &b~vt=-~iescxibed property i~at are Wert iccttt~ci oa the pnnperty? ^ Yr9a No 188. Ya your knawiedge, is tuts prapAriy in a S{jeclal Weil Coristeuction ,4taa7 QYas No 167. G. PI~IOPEfCPY't'AXTa~'ATIiAt.NT. 168, y~AtLFardusiom l~Isoiasure (flequired by MN,'~"tatttte 273.11. $ubd. i6.} 169. (Clheclc a~proPriate box, j 170. Yneta [~ 18 ~] Is tdA'1" sn axCiuaian from tnen[at value for Y~tne Improvarnettt8 on ttlie property. Any A„w~... 171. valuation r~aduslon shall terrinate upatt sate of the property, ~+d the propertys estimated marital value for 172. property tax pUrpta:;es shed irrer'eBSe. g a valusNan exc~ttslon exlsfs, Srryets ato sncouraged la ioolc into tt*e y 73. resorting tax consaquancas, i 74. Addlt3or~3t oommt~lts: _ 1 ?5. C~ai~~rtd rar<Tee±aml~~ 1 Ufa. Es the pt:npertjr sut~jeet to sny prcferanllat ptapsrty sax status a at>}r other rredit5 affactinp the property which 177. would terminate open lne aa{a o! the pn5perty7 Q Yes ~No 17q, {e.g., DiB~bility, Cr~Sn Acres, CAP, AiM} 779, tP `YtlB,` plus explain: t&t). 181. H. NEttiai~#PFIE1'A>erltN~ PFiOgttt~'1'It31+1 Q18Cto6UN8: '1112. {A Methamphetamir-@ i~rorit~#an t)isotosurz !o regttirtitl by MN t3tatute t$2.t1273, Strbd. 2 dm}-l 1 t33. Q Seller is npt ewers of any rnethamphetgmir-e pr~asluAion that has occurred vn me property, 184. [] Setter is aware that rr«9tttamphtfmrntne productta~ Etas occurred on the property. t a5. (see 14lethampPteb+ml~ lera+duotlon ~sdos+u+e SYat~+te+tt:) t8t3. t. Nt5?It:~ ~iPt#I[tiDiNf~ AIAPt3ilt'i a.4NiNC pE~tltsttTt: TR0 pf~6(iAtiy nay be In or Host an girport Safety i 87. zone wtth toning r+~qufatitsrra adopter! try the goverrrin,~ twdy that may aftaot st¢ property. t3uch zming r+eguiatians 78t3, are find wish the cvurrr/ recorder in ~ctt county where gls xorteu area is tt»ted. ti you would lilus to delt:rmir-e 189. It such zoning regulaticir-s afisct fhe ptopertX, you attauld cOhtact the county' r~rdt:r wh6re the zoned area is 19~-. 4ocatet3. 191. J. CERtti'LRY At:'f: 182, bAN St9tute 307.48 prohibits any damage or lltagel mo!&steabn of taernan mina, lwr~ta or rberte~4. A persatti 783. who intarrtianelhl, wiEWutly and knowitlgty destroys, nW~lfktPS, Uljure5, dtaturbs or retnovs9 Human sketeml remains t 84. or human twriat grounds is puirty vt a fetany, i 95, Tb your tenawtetlg®. ore you aware or arty human I~Crrw9irlS, butters cx cerctereri~a ~oc&te+i 't56. on ttt~ property? [~'~ ~.No 2112. C1ltl~i G~pi°1'i3 L19Tila~ t4~R; F1 li, A NCi t3 ~- ~ sf Ds^s tsrp7} ti~~itp3~~ t7k C2ar~ ®y ivFrr i.1.C ~t 162 04/4fi12409 49:36 FRH 65173B7t}64 CB BURNEi ~OOt3BURY I~j421/426 67/2t/2000 15:53 YFAk wuoc~buryrealtyfaxScbburnet cam Woodbury Fax (~U04/OU7 ~ee~-a~-2~ ~~:~~ ... ~u u~,~E,~, k~~UO~~~ ». , 65~~sra~om~,~/~s ~.., ~i*I.LER°S RROP~R't''t BISiCL®3URE SF~'Y~MENT _, ~llR_ 2a3. gaga s TIH~ iNi~I~+AJ47l~t~ !~lR~I, m F~ ixtil~~i'~g71#~ ~S7' 8F 8~t,.1.~R'Q i~Pi~1414EE3GE.. - 2t36. Property IoCated a! _.... . 205. K. EMI1RONtV1~N`i'AL QO{~tG6RtdS: . 207• To your knowtettge, ! save alyy of the tollowlrtg envintnm®ntal c~csrrts previously exl&ten or do they currently exist 208. on the pr~~ly/~ 200. Aabastri8? (Yes ~IYo ARntd7 (~Yse ~No 210. 9iaeasedtrees4 [~Ybs (~laa Racttatl7 ^Yes ~No Zit, Formaldatryde? ®Y®s ~No 6ou problems? ^Yes ~i No 212. tit3zardous waeteaJsttbt3itances? [~Y86 ~t9o Undsrgroitpq storage tanks? ®Yes ~Na 21~, t.oxd7 {e.g„ patM, plur-tfittt~y [Yes ~Pto Ottter7 ^Yes ~hlo Zia. A+~yauawererftllergareaurra~tiy.orhavepnE:v~au~'yf~an,anyord®tslssuedontlteprapertyt~yanygpvemmontal 2i 3. ~rhotiry orderlr-g thEs remon of a public heaJttt rlutaanos an the ptopArty/? ^Yes ^ No 218. It answer Above is "Yes; se!!er certilles that a0 orders ^ HAVrr ^ HAVt» N4T been vacated. x17. (3iVe d+stalts to Arty qu9sUop AnsWlafed'Ye3°= 218. 219. 220. .. ». 221. 2?3. ..... d.„ 223. L OTN~R t~FECTSlk9A7r>teRtAi. FACTS; zZa. Are you away aE shy at»er rnatedal teats th&i could atlvaraltty and ptgnOlCantly attest an ordinary t~vyer s u or 225. enjaymenr of ttt® proporty or any Imendea use of ihFi p~vpertyT ^Yes No 226. 1t •Yes; e~cPJain balrnv: -- - 227. 228. 22$. z3a, 231. ~~2. r~. AQamo~aat. ~a~>~~~t~rss: a3a. . --~.~ a~a. mss. 236. 237. 236. '236. OF~fa'~tAt. ~1~l~'Y'pD It~Cd ~~® , CAt-~t~$7C1 ~t1 , I~tJYl~t~t $~WL4lG B~iKEFi. Hans! BPOS~ {t1/d7) CBRt032C (8107`) awned sand G!per~ao By Nf$7' L[.C 163 04/bfi120b5 09:36 FAX 6547387080 CB BURNET ~'OODBUR~t 07/21/2006 45;53 IFA1S wood~~uryrealtyfaxEtcbburn0t.cads _ 20D8-d7-29 96:43 J; ... _. .""""°"~ ~ 022!028 e Woodbury fa-c X003/007 » ~3~~$7t)bd ~'~l~49 -....- S~R.6~i~'S PpOP~EFtT~ ~$GI.BSURIE STaT~M~Ni' _ _ 240. Pag4 9 74t . ~ '>~ tt~lFt~~A'-fOM t3fSCCp$tr.t')1S ®NIEtY TO THib t3ES'C [~ SE!l1~f3~S iKi~~vyt~~~l~> 242. N' iitl~7~ ~~~~ ANA !~ ~~1NTH: Ritt~ertt ®tudfea have shown that various Mrm& ai w8tar intrusion 243. affect many horrte9. Water fttttuSion may accurlra+n ~tterfor tyeeieture entering @ta hdrtta and/tar interldr mOtt3ture 244. lt:aving the home. 245. Exampios of exrerio- mnlsture sources may ba _ 248. • improper Must+ing around windows and ttpprS, 2A7. ~ iatpropergt~sdirtg, . 248. ~- flooding, 2,49. A roof leaks. 250. ~titp(es of interior rrtofsture saure8g may ba 251. • plumbing letrk~,, 252• o candensahon (causefl( by indoor humfdtty itt~t i6 too high or snrFac9S that are too ootd), 253. * 4verftow from tuba, sinks or toitetm, ES~t, • firewood atorati indoors, 235. • humid6ier use, 266. • inadequate venting et'tdtchen alto bath itumtcliiy, 287• • imptnperventing of clothes dryer exhaust outdoors (including eledrirat dryers?, 258. • line-drytng ttwndry indaars, 259. • hnus®ptanta-wai~rtng ttt$m eran generate fatge atrtaunts. of moisturw. 280. in tlC~ditfwt to the pc-s9tbte s4n,ctutai damage water intrusion may do is the property, w&ter iNrusioti may also result 2t3t. In the growtfi of rnokt, mildew and other fungi. Maid growth may also cause sttucturat damage to the property. 282. 7herB}GrL', H im vary important 6o tb16Ct ar3d rertwdiste water irttrUBtt)n problems. 263, Fungi era presets everyvuher~a iR our errt'virortment, botlr indaots and auttlaors. Many ttlHtdt3 are ben®iklai to 264. hurnarte, Ntawewr, motels have the ttbllE#y to pradu~ rnyaotoxino that t»tiy have a potenital is tauad serious h0elth 265, prontartts, part+QU(arly in some imtttustpcorttprorr~d indiyiduai6 and people who have astttrna or slietptes to ~. mold. 267. To complicate malteds, trtotd Qrowtft fs ntoari difitcuit t~~ detect, as it trequ2ntty grows within the wall structure. if you 268, nave a concern about water lntruston ortfte re6ultlng ntotdhtti(d8w/fungi grcrrrtit, You tatay~raM to coosidel' having the 269, property irespecteo for mtstawre prObtpryta ttal~ra enttstlrtg Into s purchase agreement or ea 6 condrttatt of your 270. purchase agr~dter>t. Stroh an ana(ya~ le pSrti8u)6r'hr advisabta if you observe strrinina or musty r~dora on the 274. prcrpsrty. 272, E'trr adtiltional lMormativn about water intrusion, tndtwr air quality, rnolsture or mold issues, go to the Minnesota 273. Association of ftF.A1.3'C)R&~ web e'rte at www.mnre+Itio-,ctxn. 274> t9AtGiNAL 6'~YTO i•ISnNG Bt~1ClER; G(i!P1ES`f0 3~i1ER, BtiYLR{, BF-t-ttNG eF~Otf~~. MN: 3Pt)5-~ t8t0Y} 164 bA/b6/2468 68.37 fAM 651738706b OB BURNET "t?OQOBURY P7/21I20o6 15:53 IF~K wt+adburyreoltyfaxNcbburnet.cam -~~Q~-~-~~..._'j~.~3 ` ""' SrD ppnnt l BUUUBUNY i~jb23fb28 •~ ~oo[fbury Fax I~oOP/oo7 » _ 65173$7060 ~ a 7~j+~ts ,... = i • i ;t'.~: -' ~~ j~I~CL~lSU~t~ r3Tii~7'~M~i~i't' ~i)~tAl T 275. Pspe 8 X78. $!{~1i~FOtk•tl.t3S~t96C~iliLG5iT~21?!~'~ ~!'~'R~L.LEFi'~C^r~ i.~t3Gl~, 277. F roperry t6~tsd at ..-," , .. ~ ,. .. 278. A. tY®'P1ClE !{EGAADttrc vt~Et~A'rot~Y Qh~ENReN iNFd'~1MA'itOPl: 'tMorn>~ton r~gaMing the prsdtitory 279, oirotadar ra~istrp t3f-d pei'eoat: -rrg wish ~~ pt+ettatory oft+endcr registry urKlor 1~~ 5te~ 243.186 2t3o. msly tt0 bbtffiitrm! by t~ttt~rsn8 tt~ ~I fever en+fararmattt afEtc~ in•the C~nntuntty'wtte~ tna•pre:~rer~y 2$i. Is located ar tlse Mlnnss~a IlajtArttrs3atilt at CorreOgens'et t~'t? •$6f~7"~0, or trsrn rho Flopartment of 2A2. carecdons web gtba d4 t~MtAl.o~arrstat®.~nn,ue. , . , . 283. U81'tiVG BROi~A klSt) UCEN9EE~ tNAt~ 1NO~R8PRffi9~TAYt~is?~ aYp AAA ' 28d. trrn' ~ESPON F.t7R AtluY CoNt)q'IQNS ~cistt~m t3r~'rF+g aROp~RTY. 285. F! SLttEAr6 $7'ATt;,~1tJT• ~ ~ ~ . 286. {ia t~ slgttetd at time +~t listrrl~.j 287. Sellsr{3) h,Et~ly state~a the rnaterfal,iacts es Stated above er6 tru9 &r!d accuratpr and authorl168 any IlCetttree(s) 288, repret~rtting or seetstmg +any party(ies) in nti9 traneat:tfo» tc provide a cppy of ittis b{solpsure to any.porsptt or 289. efnftity in coAnsctiAr with avty scAaal Or stdicipatett sal®, of Bt$ roparty. ' 580. ~~~d ~~ 2D. d ~' ' ~' e' ~ lb+wor! '~ {awl 1 on +6~xxe} 281. {!. BUY>ER'S 11CK>tiUt+llt_atN~16~19ENT: ~ ' 292. no ttt sfgrted at ti~ t~ipurcfi~4e agreement.} 293. i/We, the 8tryer(s} Ot ~e property, eCknawledge r~lp4 of this 3a1(sYa Prop't:rty i}ist:lasure Staternent and agree 29d, that no r®presentati~ru~ nding material facts tta+aE+ been mSdg att-e~r then iiloso mane Above. ~~ ~~~- ~a~~ ~e.mr 24s. A. S~LLtR's ACtUt~3Wi,.Ai3t3m+t->:t~ar: ~ ~ , 28T. (Tv be aigrrpr! 8t time of purctresc agt+dsmenf.) 299. AS OF THi~ DA7'f9 gS1.K3W, i/++ve, the Setter{s} 09 tna prpp,pny, state that thB rr1&tert6ti (acts stated above ate p'it3 2>a9. sarT}E, except rar Gt®rigr_9 os; indi`t~9ter1 below, wfil>:h hssn~ 6earst ef8,rwd and daie+d. 300. 3i0t. . 302. 304. ~, _ ` ~, tSetari .. t>~) tsane*) ~ ~ t4aet 808. Forpurpos~sdttha'sel-erd~sdosur®~aquiratrtertts~olMf~StaMes618.5alhrov8h5i3;60:~ ` 307'. "t~esdt~®ntl~tt r!eai property' car "rseJdenUal real ests~" rn®ens ptaperty pcrup}ed as, or lntenaaa to ecr accuptmd as, a 308. single-tdr»ily reerc~nce, l~tduding 4unit in,a corntncxt Itltent+.at comrnra+ity as ~finstt in MN Statute b1b8.t X103, clause 309. (t0), regardless at whether the unit Is to a cantrinon ltit8tscit ootttmucity not subject tb Chapter 6f56. 81D. The cellar discla~ure requkt3ments at MN t~ttdae 513.,'2 thrau9h t'173,t3t? 6pply to ttte~trar-sP~ at any interest ir1 91 t. teeWeMi~ real este~tr, whether by sale, change, deer}, 4ontract for dsen, leg~a wig an option to purchase r,r any 912_' dtt~r.aption. 31$. C1t~FCiINk4 tm~P~ '~ L ~R~~ia~; CQPI~~ T4 S~Lt,EA, ~Ulfl~ra, ~tet.4ltdl~ 61ROKER. ~ls~~8~ss~9 ts<o71 9 t3 {$fP73 end ~~ y NFYf 165 C~il4S/20oB 09:37 FAX 8517367460 CB BURtdET Y10tlt)BURY ~ 4zar4z6 O7/Z 1/2008 15.53 IFA?{ trood~uryrealtyfax@cbburnet.co4 + &oodbury Fax ~ 441/007 zoos-a7-z~ 36~~3....... ~,.~~. ~ . ~~ t~~Kn~, ~~~t,~UhY ~> 8~~~ara~a ~ 7 o~ .. ~ , ~t~ s>rlLt~~A~s P~ota>=f~rv Di~C!-aSUHE ~7ATEI~~FaT ~.._._._......._ s1a, Ps~e ~ 31$. .._y 7H~ tN~'OtZNtA~'tpty E>3fS~l~$~1? t$ ~St~15N ~Ot1fHE: ~ ~~ ~t.9.l~i~'~ ftF+ti~iL~~l~- .. _.~, - 31®, iara,~ , 3f?. 1•ha Seller distslosun3 n+quirementa of MN Statutes 5.13.5Q tlxough 519.60 apply to 318. {i) real property that is not ra-kisnhal rest property; 319, {~) s greRultous ~~rensfer; 32t}, {3) a transfer pu iuuaM to a enure ardor; 327 < (4) a transfer to ~~ government ar tgovernmsntnl agency; 32,2. {g} tt transfer dY krteotosure or deed In lieu of forecttosUre; 323. (6) a trattsflQt to t~trs or detiiseos or a dacetJorrt; 324, (7j a transfer iron o COt@nent to Orf4i ar trtt9ne other Cot9nanta; 3p5. 9;?8 {t3) g s trenafer made to a spouse, pitr~ent, grarttll>sreM, child or grattrfcttlkf of gaiter; . 327 t ) s trerister between spouses rssuttfng from rt decree of marriage di6solutlan or trout a prop®rty . agreement Irn~ftiertta! to that dor~tge; 329. (1Q) a transfer at r~ovyly cortstruoted rasidsMiat property that hss not t3@G'rt lnhabitetl; 329. df f j en option to purd-ass a unit in a Common irstere~t community, unfit eXgroiGed; 331 {12) a transfer t4 & person who controls or is cotttrvll6d aY tl'rt; greeter as those terms are defined with rasp®et . to a declarant under taecti6n 51513,1-103. Clause {2); ~2. 333 (t3) (~a} a trdnstetto a tertartt wtto is in post:a9sbq t~f the residgptiel real property; or t f . rans & er of st~Ciai d~l;rrant eights urttfsr section 31bE3.9.1t)4, 334. r ill 335, The Yvritren discbsure r iced Urxier sat:tiotts 5f 3.58 m 513.t3f) may be walvetl 'rf Seller end the prt>speotive 8uy+er 336. agtrte in Wtiting. Waiver <~ tie disCfoaure required under sactipna 513,62 ra 67$.80 does nAt wdiVe, limit or abridge 337. any obligation for Seiler dltclasure created dY any other law. 336. Ho~jf t] ~. A. 111a-~e is rip duty to disclose flee tact that ttte property 344. d1) it; or was ncatJl~+ed by an owner ar occuprtnt who is ar was suapectea to b@ lrtfeCtsd with Human 341 • irttmunotleticiPney 1Jlrus or diagnosed with Acqulrod Immunodeficiency byndrome: 342. {2) was the Sfte 4t a suidde, fiOQiriartCal death, natural death or p~'C9},root paranormal activity; ar 343. {3) is located in a nalphbnrhaotl cantainirtg any adun iamlby Horns, communlry•baBed rl43tttentlal taCliity ar nursin8 3aa• home. 346. $, prmdAGaly Clffertdene.'!'here is t10 tftrty b ttfsdose lnformatton ragarrtilBg en offsrtdCr who is required to register 346. urxter MN $tatute 243, 188 or about whom natiflcatlon is made under that eflCtion, tt Seller, in a timely mennQr. ~7• pravidee a writtaq nolti~e that infornlatlon 2battt tttei predatory ofl~nderregietry and persons regl,tberdd with the 948. rt'glstry may ba obteulQd by oantactinQ the focal law erliCrcement agency wher¢ the prop®rty Is located or the 949. Ceparht~ent of Caansctions. BSf~. C. The provisions in fxare graphs A and da not creels It duty to disctasc~ arty facia desarll~d to par&gra{,hs A anti ~ 351. for prbpe-1y tt-at ss cwt -Beidsntia! property, 352. t?, fnspeotiottg. 353• {I) Except as pravidetl !n pr6tdgraph pi}, gaiter i9 nqt requited is distloae inforrnattan rebating to the r¢al property 354. ff a wt{tten report that dtsoto8os iht trrformat;on tree been 356. the DPOSp@ctive bc~ c t:'or u pmp'~d by a gUali6ed third party end provided to 968, Ye p s of floe pArs~grsptt, "t,{uel~eci t?tlyd party" means a federsl, state or local uovernmeMef agertoy, at any parson wham Seiler or ptaspsctive buya- reasonably believes has tea expartist: 367. ntaar~ary fa meet ilia IrtduBtry t3t~tttlards of pttru;tice for the type of lnspectlert or Ir~uastlgAtion that has been ~5$. canductetl 5Y tP,e thlnct prirty !n Ardor to peepers fihe written report. 380. tli) Seller shaft fliacto,~a to the praa~aenaivs { tnrateriat feet., kriawn by SelPer that contretlbCt any infvrmatirsn ittCludod to a written report under paragraph (t} if a copy of the report is provided to Setl®r. see. c3RIGlNAt- GQPY t'~t? t.ISi7M~G BRCtC~R; C41°tEN'~'t1 S~t.I,Fo;R, t3tJy't:W+ 3tEWMG B~s~tt;El~, aant;s~ns.e term) 166 o4/aslzoa6 09:37 FAX 654736700 CB BtIRttET UI60©BURV ~ 026/026 ~t,J~l~i~~ ADDENDU~A TO PURGNASE AGREEMENT DISCLCISURE CIF INI±ARMATION ON LEAC>-BASEb pA1NT AND LEAD-BASE© PAINT HAZARDS ThiB rorm approved by the Minnesota Assoa+ation of REALTbFtS", which disclaims any liability arising out of use or misuse of this form. ~ 2005 Minnesota Associ&tion ofryR~A4.Ti3R5s, ~dlna, MN Date --..ti~fE t;x. ~l~ L"3 °~ 2. Page •- 3. Addendum to Purchase At:lreement between parties, dated i2/'~ ~ , 20 ~~_ , 4. pertaining to the purchase and sale of the property at '"7r~? ~ ~ ~~ ..~ T ~'t:` 6. Seotiorll: Lead Warning :3tatement 7. every buyer otany intertgst in residenfiai realprop~rty +an which a res/senile/dwelling was bui~tprior fo 7978 is notified 6. that such property may present exposure to lead from teadbased paint that may place young children at r15k of t3. developing lead poisoning. Lead poison/ng in young Ch+Idren may produce permanent neurologit:at damage, lricluding 4 p. learning disabilities, reducc1d dtrtel/igsnce quotient, behavioral problems and impaired memory. t.errd poisoning also 14. poses & partlcutar risk tc~ p+egnant women. The seller rif any interest in r~asidential real property is tequired fo provide 42. the buyer with any intorr»rrtion on tead•based paint hazards tram risk assessments or inspections In the seller's 4 3. possession and notify the t uyer at any known lead-bae~ed paint hazards. A risk assessment or inspection for possible ~ 4. teed-based paint trazards i:; recommended prior fa purchase. 15. Seller's DiSClostJre (initial) 46. (a) Pres~,nce of lead-based paint and/or lead-based paint hazards. ~ ~- (G'heck one below.) 18. ^ Kna>rm tead•based paint and/or load-based pains hazards are present in th® housing 24. -- 24. ^ Seller has no knowledge of lead~•based paint and/or lead based paint hazards in the housing. 22. ____ _.._. (b) Records and repart$ available to the s®Iler. 23. (Che~sk one below.) 24. ^ Seiler has provided Buyer with ail available records and reports pertaining to lead-based paint 25. an•~IC•r lead-based paint hazards in the housing (diet documents below): Z6. z. _.. 27. Q Seller has no reports or records pertaining to lead-based paint and/or Isad-based paint hazards 28. in the htwsing. 29. IJl+u1/ r' Acknowledgment (initial) ~/ ~ (c} Btr~et has reoelved copies of all information listed under (b) above. (d) Bu;rrer has received the pamphtel, Protect Your Family Irom Lead In Your Nome. . (e} Bus,+er etas (Check one below}: 33. ~~, ^ Re~.eiued a 4 t?-day opportunity {o•r mutually agreed-upon period) to conduct a risk assessment 34. or inslat:ction for the presence at lead-based paint and/or lead•bassd paint hazards (if checked, 35. see S~gction It vn page 2); ar 36. ~ waived the opportunity to conduct a risk assessment or inspection for the presence of tead- 37. ~ based paint and/or lead-based pElint hazards. TLX:SALE-y (8106} CBR119t (81gS) C}wned Anti tdperated 8y tVFiT 9-LC ~`.-:» m, 467 o4f08f2006 03 38 FAX 8517367660 CB BUEZNET ~'00D8URY I~j026f028 e • _~ ~~~~ Abb~NGtUM T8 PUFICHAS~ AC~FtEl=MEhIT orsc~osUR~ oir INFttiFiIUTATIaN ON LIEA-I~-BASEp PAINT AND LEAC?-BASEb t'AINT NA~ARC?S ~~ 38. Page 39. Property located a# _..._ _._._ ~ _----,+~_-l..d« ~ ~ J`d ~a G~L..d/h+~~+~~",f 40. Real Estate t.lcensee's Acknowled¢ement {inifiaf) qt. (q heal a fate Licensee has informed 54~lier of Seller's obligations under 42 U.5.C. 4852(d) and is aware 42. of lit;er~see's responsibility to ensure compliance. 41. 49. Section II: Contingency (initial only it first box under (4j is checked in Buyer's Acknawledgt>1B11t above. j 50. This contract is contingent upon a risk assessment qr an inspection of the propr3riy for the presence of lead- 51. based paint and/ar lead-t,ased paint hazards to fDe conducted at Buyer's expense, The assessment or inspection 52. shall be completed within []ten (10} ~ calendar days after acceptance of the purchase Agreement.This ,..._.......»... {Check ane.).........._.--- 53. contingency shall be d4emed removed, and the Purchase Agreement shall be in full force and effect, unless Buyer or 54. rQa- estate licensee rspreY:enting or assisting Buyer delivers to Seller ar real estate licensee reprsssntirtg or assisting 55. SelEer, within three (3J calendar days after the assessment qr inspection is timely completed, a wriHsn list qi 1he specific 58. defieiencies and the Gorrectlons requirod, together with a copy of any risk assessment or inspection report. If Seller 67, and Buyer have not agreaed in writing within three t3) calendar days slier delivery of the written list of required corrociions 58. that: (A) some or all of the rr~qutred correction6 will be mane; or (B) Buyer waives the deficiencies; or (C) an adjustment to 58. the purahsse price wit! be made; this Purchase Agreement is canceled. Buyer and Seiler shall immediatety sign a Bt), Canceliatfon of F'urehe:;e Agreement confirming said cEincellatian sod directing all earnest money paid hereunder tq 6t. be refunded to Buyer. It is understood that Buyer may unilaterally waive deficiencies or defects, or remove this contingency, 62. providing tha# Buy®r or real estate licensee representing ar assisting Buyer notifies 5etier ar reef estate licensee 63. representing or assisting . slier of the waiver or removal, In writing, wilhln the time speoified. TLX;SALE-2 {810@) GBRt 1@1A (@!OS} Owned And Operated By NRT t.LG 168 04/06j2008 08:38 t°AX 6517387080 CB BtiRtJEI 4t0008URV C~j027/028 e - I - ~` .i.~~~Jy ~ L.:H.. ARB#TR,gTION D#~CLpSUR~ AND Fi~S#DENTIAf. f~f=At. PftC?P~RTY ARBfTHATfON AGREf:MENT '!Trig Norm approved by the Minnesota Assoctatten o} A£AF.TORS', which disclelms any ttabttlly edging out of use or ml8d8e a1 this korm, @12008 Mlnnesate Aeaoclattan of AEALTOA6s, Edina, MN Page t 2• AF~BITFtAT1UN DISCLQSUA>r 3, You have the right t« Choose whether to have en~y disputes about disclosure of material facts affecting the use 4. ar enjoyment of the property that you are buytng or se0intl decided by binding arbitration or by a court of taw. By agreeing 5, to binding arbitration, yell give up your tight la go to oourt, i3y signing the RESipENTIAt. REAL PROPERTY fi. ARBITRATION AGREEMENT (ARBITRATION AGREEMENT) below, you agree to binding arbitration under the 7. Residential Float Property Iwrbiiratlon System (Arbitration System) adminlstert3d by Construction Arbitration Services, ins, 9, (CAS) and endorsed by fire Minnesota Association of RLALTORv~ (MNAR}. The ARBITRATION AGREEMENT is 5. enforesablo only if It le signed by ail buyers, sellers and licensees representing or asststing the buyers and the sellers. 10. The ARBfTFiATION AGREEMENT is not part of the Fttrchas® AgrsemQrrt. Your J'tN"Chase Agreement will still be 91. valid whether ar not you sign the ARBtTRATit]N AGREEMENT. 12. The Arbitration System Is a private dispute resolution system offered as an alternative to the court system. it t 3. Is net government sponsored. CAS and the MNAR jointi•v adopt the rules that govern the Arbltrafton System. GAS and 14, the MNAR are net aNiiiaie,l. Under the ARBITRATION F~(3REEMENT you must use the arbitration services of CAS. t 5. Alt disputes about ar relating to disafosure at material !acts efieoting the use or enjoyment of the property, excluding t6. disputes related io title issues, are subject to arbitration underthe ARBITRATION AGE3EEMENT.This includes claims t7. of fraud, misrepresenfatian, warranty ant! nsgfigence. Nothing In this Agreement limits other rights you may have under 18. MN Statute 327A (skatutor~ new hom® warranties} or order private contracts for warranty coverage, An agreement to t9, atbltrata doss not prevttnt a party from contacting the Minnesota Deparimant o- Commerce, the state agency that 20. regulates the rest estate profession, about licensee compliance with state taw. 2t. The admtnlstratlve fee for the Arbitration System varies depending on the amount of the claim, but it is more 22, than initial court filing teas. In some eases, conciliation c;eurt is etteaper than arbitration. 7'he maximum claim aitowed 23. in conciliation court is $7,5~]Q.Thls amount is subject to suture change. fn some cases, tt Is quicker and less expensive 24. to arbitrate disputes then to go to court, but the time to ills your claim and pre•hgaring discovery rights are Hmited. The 25. right to appeal an arbltrato~'s award is very limited compared to the right to appear a court dsoision. 28. A request far arbitration must be tiled within 24 months of the date of the closing on the property or 27, else the dorm cannot bit pursued, In some oases ref fraud, s court or erb[trator may extend the 2q-month 28. limitation period providet4 herein. 29. A party who wants to arbitrate a dispute !flea a l]emand, along with the appropriate administrative tee, with 30. CAS. CAS notltles the other party, who may file a response. CAS works with the parries to select and appoint an arbitrator 31, to hear and decide the rile#wte, A three•arbitrator panel will be appointed Instead of a single arbttratar at the request 32. of any party. The party rt:questing a genet must pay art a~~ditional fee, Arbttratars have backgrounds In law, real estate, 33. architecture, engineering, construction or other related !lards. 34. Arbltradon hearinc#s are usually held at the home ylte. Parties are notified about the hearing at least 14 days In 35. advance. A party may br, rt;pressnted r,y a lawyer at the hearing if he or she gives flue (5) days advance notice to the 36. other party and to CAS. Each party may present evidanae, Including documents or tsstirnony by wltnesses.Ths arbitrator 37. must make any award wlth,n 30 days from the final hearing date. The award must be in writing and may pravlde any 38. remedy the arbitrator cor-s,d®rs Just and equitable that is within the stops of the parties' agreement. Ths arbitrator 39. dues not have to make 1lndings of fact that explain the reason for granting or denying an award. The arbitrator may 4U. require the party who does not gravel} to pay the edminl>trafiva fee. 41, Phis Arbttratlon pisotosure provides only a gerrerg# description of the Arbitration System and a general 42. overview of the Arbltrafton System rules. For spaclec Infarmatlon regarding the adminisiratlvs fee, please see the A3. Fee schedule iota#ad in the CAS Flutes. Copies of the Arbitration System rotes are avalleble from CAS by caging 44. (868) 727•t3t 19 Ext, t03 or an the Web at wwwcas-usa.~yrg or from your f~EALTORa. if you have any questions about 45, arbitration, call CAS at (86Ei} 727.81 ttl EH#. t03 or consult a Lawyer. 46. THE REStDi~N7'iAl, REAL PRt7,t'EFtTY ARBITFIATIOtt! AiaREf~MEIVT IS A LEOALf.Y aINDINCa CONTRACT 47. SETt~iEEN 19U1fEt~S, SELLERS AND LtCEPlSEES. lix YOtf t]is5lftE t.EGAL AC}VItaE, COtUSUt.'T A l"AttyYEFI, MN;AbRAA-y (aroet Gt#A1 O6S {8108} Owned And Op~trated By NAT LLC ~] ~, 169 04!0612009 09 33 EAX 851739?060 PR 91tRNE1 @ttintt!?IIP,Y ~ n?n~n?~ 53. City at t"„..-~.. '~~'~ , County of t;~~ ® , Slats of Minnesota, 54. Any dispute between the undarstgned parties, or any of them, about or relating to material tads affecting the use or S5. enjoyment of thre property, ~.-xcluding disputes related 4o fide issues of the property covered by the Aurchase Agreement 58. dated /~ , 20 , induding claims at fraud, misrepresentation, warranty and 57. negligence, shall tse settled by btndlnp arbltrat'son. Constt'uctlnn Arbitration Services, Inc. shall be the arb(tratlpn service 5ti. provider. The rules adopted by Construction Arbitration :3ervices, inc. end the Minnesota Association of REALTORScp 59, shall govern the proceeding{s). The rules that shall govern the proceeding(s) aro those rules !n effect at the lime the t30. Demand for Arbitration is tiled end include the rules specified in ttte Arbitration Disclosure above. This Agreement shall 81. survive ttte delivery of the need or contract for deed In the Purchase Agrearnant.'i-his Agreement is only ®nforceable if 62. ail boyars, sellers and ticvnsees representing or aSSlsting the buyers and setters have agreed to arbitrate as acknowledged 63. by signatures below: _ ~~~ ~ ~ 6a. (Sattar8 Starrimat tDasa} a 8lgitekna) (sate) ti5. (9edara Pdnled Name) fBuyer'a Pdnfetl Nemr) ~B. - SSelk~e 6lpnelun) 6Dala) (®uyar'r titgneWre) {Date) 87. (Seller's Printed Hama) (euyer't Prlnlad Nemrt ~~. .. (LtCanree T{apraeenlNtq ai Asatatinq .~elreri (~8ta) p.toanase fla0ra8anUaa ar ABBIaUna BUyett (Date) 6g. r ~°' ,~J~2nJ~' (Company Noma) {Gempeny Name) 7U. i liE RESitJENT1AL HEAL PflOPEHTY ARBITRATtt33N AGREEMENT t$ A LEgALLY BtNUCNC9 CONTRACT 71. BETWEEN BUYERS, SELLERS AAtD LICENSEES. iF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER. ~+N:aaa~-2 {t-roa} C.gR~o55A {eras) owned and opernlad ey NR7 u.c ~ , 170 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: April 1 ~_ 20(19 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEIv1: Adopt Resolution 2009-47, Approving BY: Sheila Cartney BY an Inter-Fund Loan in Connection with K- DATE: April 7, 2009 " Mart/Central Avenue TIF District BACKGROUND: The City Council has agreed to purchase property located at 4606 Polk Street NE for $100,000 plus closing costs, using Fund 410. As previously done for the purchase of 4618 Polk Street NE an inter-fund loan needs to be can be created for this purchase in order to allow possible reimbursement from the K- Mart/Central Ave TIF District. The importance of the inter-fund loan is that it gives flexibility as to how the City Council and the EDA. would handle future unobligated tax increment receipts if the K-Mart District is expanded for housing acquisition purposes. At this time, the City's (not the EDA) Sheffield Fund would be the source of funding for the Polk duplex purchase. The inter-fund loan would grant the EDA (the EDA was the City body that created this subject District) the ability to repay the City, at a future time with tax increment funds, for the subject purchase. Since no modifications have been made to expand the K-Mart District (currently underway) but the 4606 Polk Street NE purchase has been approved by Council, prior to the modifications, an inter-fund loan is necessary to qualify this purchase as a future tax increment obligation of the "new'' district. An action is required. by the City Council acknowledging this inter-fund loan. This item will be on the April 28, 2009 EDA meeting. RECOMMENDATION: Staff recommends the Council adopt Resolution 2009-47, a resolution approving an Inter-fund Loan in connection with K-mart/Central Avenue TIF district. RECOM1t~NDED MOTION: Move to waive the reading of Resolution 2009-47, there being an ample amount of copies available to the public. Move to Adopt Resolution 2009-47, a Resolution Approving an Inter-fund Loan in connection with K- mart/Central Avenue TIF District. Attachments: Resolution 2009-47 COUNCIL ACTION 171 CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-47 RESOLUTION APPROVING TERMS OF INTERFUND LOAN IN CONNECTION WITH K-MART/CENTRAL AVENUE TIF DISTRICT RECITALS A. The City of Columbia Heights. ("City") and its Economic Development Authority ("Authority") have undertaken a program to promote the development and redevelopment of land which is underutilized within the City, and in this connection the Authority administers the Downtown Central Business District Redevelopment Project ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.090 to 469.1081 (the "Act"). B. Pursuant to the Act, the Authority or City is authorized to acquire real. properly for development and redevelopment by private enterprise or public use. C. The City proposes to acquire certain property in the Project located at 4606 Polk Street (the "Property"). D. The Authority and. City intend to modify the boundaries of the K-Mart/Central Avenue Tax Increment Financing District ("TIF District") to include the Property in order to facilitate development of the property. E. Under Section 469.178, Subdivision 7 of the TIF Act, the City is authorized to advance or loan money from any fund from which such advances may be legally made in order to finance expenditures that are eligible to be paid with tax increments under the TIF Act. F. The City has determined that it is in the best interests of the City to loan fimds to the EDA in order to acquire the Property, which loan will be repaid from tax increments, all as further described in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: 1. The City authorizes a loan in the maximum principal amount of $110,000 (the "Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such amount will be made available at or before the closing on acquisition of the Property by the City. 2. The outstanding principal balance of the Loan bears interest at the rate of 5 percent per annum for expenditures made in 2009. Interest accrues from the date of disbursement from the identified fimds in order to acquire the Property. ;. The Lean. is payable from tax increments generated from the TIF D~str~ct as described in the Authority's Resoh~tion Approving the Terms of Internal Loan in Connection with K-Mart/Central Avenue TIF District, approved on the date hereof. Principal and interest ("Payments") shall be paid semi-annually on each August 1 and February 1 ("Payment Dates"}, commencing on the first Payment Date after the first advance of Qualified Costs and continuing 172 through the earlier of (a} the date the principal and accrued interest of the TIF Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District. Payments will be credited to the respective fund from which the Loan was drawn. All payments shall be applied first to accrued interest, and then to unpaid principal of the Loan. 4. The principal sum and all accrued interest payable under the Loan are pre-payable in whole or in part at any time by the Authority without premium or penalty. 5. The Loan is evidence of an interfund loan in accordance with Minnesota Statutes, Section 469.178, subd. 7 and is a limited obligation payable solely from the revenues pledged to the payment hereof under this resolution. This Loan and the interest hereon shall. not be deemed to constitute a general obligation of the State of Minnesota ar any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Loan or other costs incident hereto except out of the pledged revenues, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged. to the payment of the principal of or interest on the Loan or other costs incident hereto. 6. The Loan is subject to modification of the TIF Plan to include the TIF District area. 7. The City may amend the terms of this Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. 8. The City Council authorizes and. directs staff to take all actions and execute any collateral documents necessary to carry out the intent of this resolution. Approved by the City Council of the City of Columbia Heights, Minnesota this 13th day of April, 2009. Motion By: Second By: Passed: Mayor-Gary L. Peterson ATTEST: Patricia Muscovitz-CMC/City Clerk 173 CITY COUNCIL LETTER Meeting of April 13, 2009 AGENDA. SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM.: Adopt Resolution For BY: Gary Gorman .r BY: Revocation ~ `~,, ~, DATE: April 6, 2009 DATE: NO: 2009-41 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 2009-41 - 1022 42-1 /2 Avenue 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 Number 2009-41, being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-41 being a Resolution 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 license listed. COUNCIL ACTION: 174 RESOLUTION 2009-41 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter ~A, Article IV, Section SA.408(A) of that certain residential rental license held by Omar Meri (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1022 42-1/2 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, 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 March 23, 2009 of an public hearing to be held. on April 13, 2009. 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 13, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted 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 February 17, 2009 inspectors for the City of Columbia Heights performed a inspection at the property and noted three violations remained uncorrected. A compliance order was mailed. via regular mail. to the owner at the address listed on the rental housing license application. 3. That on March 23, 2009 inspectors for the City of Columbia Heights were notified by the Building Department that a reinspection had not been scheduled and completed, three violations remain, uncorrected. A statement of cause was mailed to the owner at the address listed on the rea~tal housing license application. 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- W It: a. Caulk toilet at floor in lower level bathroom b. Install handrail on deck c. Install rainproof flue cap 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice ofthis hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and SA.303(A). 175 ORDER. OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by License number F9348 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 176 CITY COUNCIL LETTER Meeting of April 13, 2009 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY~ Abatement "~ ~ `' DATE: April 6, 2009 DATE: NO: 09-42 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding property at 2009-42 - 1037 Gouid 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 Nwnber 2009-42 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-42 being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COr rNCIL ACTION: ~~~ RESOLUTION 2009-42 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 Dan Busse (Hereinafter "Owner of Record"}. V~Ihereas, the owner of record is the legal owner of the real property located at 1037 Gould Avenue N.E., Cohimbia 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 March 17, 2009. 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 March 6, 2009 the Fire Department notified the propery owner of open windows on the property and that the Fire Department had given him ample time to board the windows up. The Fire Department sent a compliance order to the registered. owner of the property at the address listed in the Anoka County Property Records database. 2. That on March 17, 2009 the Fire Department sent a Statement of Cause to the registered owner ofthe property at the address listed in the Anoka County Property Records database. 3. That on April 1, 2009 inspectors returned and noted that windows were still open. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 1037 Gould Avenue N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1037 Gould 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 sccch rights have been exercised and completed. ORDER OF COUNCIL 178 1. The property located at 1037 Gould Avenue 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 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz. CMC City Clerk 179 CITY COUNCIL LETTER Meeting of: 4/13/09 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION NO. 2009-44, BEING A BY: K. Hansen BY: RESOLUTION ACCEPTING BIDS AND AWARDING A DATE: 4/9/09 DATE: CONTRACT FOR 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION PROJECT Background: On March 2, 2009 the City Council ordered the street and utility improvements in Zone 4. Plans and specifications were prepared and advertised for bids in the Focus on March ] 9, 2009 and in the Construction Bulletin on March 16, March 23, and March 30, 2009. Thirty-three contractors or suppliers requested copies of the bidding documents. Eight bids were received and publicly read aloud at the April 9, 2009 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis/Conclusions: C and L Excavating submitted the low base bid, in the amount of $423,118.60. Only $2,331.13 separated the next bidder from the low bidder on the base bid. Alternate bids were received for: 1) Residential construction on private property for concrete and bituminous construction, 2) Concrete alley in lieu of bituminous surfacing, 3) Wood fence in lieu of composite fence, 4} Parking lot at 4920 Central Avenue, 5) Infiltration basin construction, and 6) Sanitary sewer main repair. The overall project cost is consistent with the Engineer's Estimate presented at the Improvement Hearing. Staff is recommending accepting Alternates 1, 4, 5, and 6. Alternate 1 provides unit pricing for private residential driveway or sidewalk construction as has been done in previous street zone projects. Alternate 4 is for parking lot construction at 4920 Central Avenue. This work will only be done if the owner signs a petition and waiver form. authorizing the work. The owner would be responsible for the total cost of Alternate 4. Alternate 5 is for infiltration basins as required by Rice Creek Watershed District. Alternate 6 is for sanitary sewer repair on 39`h Avenue between Central Avenue and Reservoir Boulevard. Based upon the low bid from C and L Excavating, staff is recommending contract award of the base bid with Alternates 1, 4, 5 and 6. The funding sources are a combination of assessments, infrastructure fund, and utility funds. An estimate of each source will be provided at the meeting on Monday. Resolution to award the project will be provided at the meeting on Monday. Recommended Motion: Move to waive the reading of Resolution No. 2009-44, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-44 being a resolution accepting bids and awarding the 2009 Street Rehabilitation and Alley Reconstruction, City Project #0902 including Alternate 1 for unit priced residential driveway construction; Alternate 4 for driveway construction at 4920 Central Avenue; Alternate 5 for infiltration basins; and Alternate 6 for sanitary sewer repair to C and L Excavating of St Joseph., Minnesota based upon their low, qualified responsible bid; in the amount of $480,594.45, with funds to be appropriated from Fund 415-50902-5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachments: Bid tab summary of two lowest bidders COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 2009 STREET REHABILITATION AND ALLEY RECONSTRUCTION PROJECT CITY PROJECT 0902 S.A.P. 113-050-09 C and L Excavating Rum River Contracting Item Descri tion Amount Amount RECOMMENDATION: BITUMINOUS AL LEY TOTAL BASE BID $ 423,118.60 $ 425,449.73 TOTAL ALTERNATE 5 81D $ 13,228.35 $ 13,109.40 TOTAL ALTERNATE 6 BID $ 9,422.00 $ 10,111.85 TOTAL BITUMINOUS ALLEY $ 445,768.95 $ 448,670.98 ALTERNATE: CONCRETE ALLEY TOTAL BASE BID $ 423,118.60 $ 425,449.73 TOTAL ALTERNATE 2 BID $ 17,720.00 $ 15,819.80 TOTAL ALTERNATE 5 BID $ 13,228.35 $ 13,109.40 TOTAL ALTERNATE 6 BID $ 9,422.OD $ 10,111.85 TOTAL CONCRETE ALLEY $ 463,488.95 $ 464,A90.78 BASIS OF AWARD TOTAL BASE BID $ 423,118.60 $ 425,449.73 TOTAL ALTERNATE 1 BID $ 2,712.50 $ 3,708.00 TOTAL ALTERNATE 4 BID $ 32,113.00 $ 36,710 45 TOTAL ALTERNATE 5 BID $ 13,228.35 $ 13,109.40 TOTAL ALTERNATE 6 BID $ 9,422.00 $ 10,111.85 TOTAL AWARD $ 480,594.45 $ 489,089.43 ^nr_c ~ n~