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May 11, 2009 Regular
CITY OF COLUMBIA HEIGHTS 590 40`" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Ytisitourwebsiteat: www.ci.columbia-iteitlats.n.ses Manor Gary L. Peterson Councilmembers Robert A. WiUianrs Brace Nawrocki Tamrnera Diehnr Brace KeLenberg City Manager Walden 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, May 11, 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 call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION in'voi:ation by' i:%V. David Briiej', ASSv%iate P aster, Oak iiiii Baptist Chur~ii 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum ar items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNTTION, ANNOUNCEMENTS AND GUESTS A. Columbia Heights Athletic Boosters Association Donation to recreation program ~. CONSENT tAGE1vllA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the Apri127, 2009 City Council meeting. p5 MOTON: Move to approve the minutes of the Apri127, 2009 City Council meeting. B. Acceatance of Board and Commission meet'In~ minutes. MOTION: Move to accept the March 24, 2009 minutes ofthe EDA meeting. pz9 MOTION: Move to accept the May 5, 2009 minutes of the Planning anal Zoning Commission pzs meeting. MOTION: Move to accept the April 7, 2009 minutes of the Library Board meeting. X40 C. Approve membership in the Better Business Bureau. p4a MOTION: Move to approve a one year membership with the Better Business Bureau, with $400 being contributed by the Columbia Heights Activity Fund and $400 from the City Liquor Fund, and. authorize the City Manager to enter into an agreement far the same. City Council Agenda Monday, May 11, 2009 Page 2 of 4 D. Approval for landing of State Patrol Helicopter at Safety Camp in Huset Park on June 11, 2009. p43 MOTION: Move to approve the landing and take-off of a Minnesota State Patrol helicopter as part of the Summer Safety Camp on June 11, 2009 at approximately 2:00 p.m. at Huset Park. E. Authorize Bobby & Steve's Auto World Youth Foundation Playground Fundraiser p44 MOTION: Move to authorize Bobby & Steve's Auto World Youth Foundation to hold fundraising events with rental fees waived. on Friday, June 19, 2009 at John P. Murzyn Hail and Saturday, June 20, 2009 in Huset Park. F. Adopt Resolution No. 2009-49, being; a Resolution accepting bids and awarding the 2009 p49 Miscellaneous Concrete Repairs and Installations, City_Project No. 0900 MOTION: Move to waive the reading of Resolution No. 2009-49, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-49 being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $42,501.50 with funds to be appropriated from Fund 401-50900-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. G. Approve Gateway Pedestrian Bridge En ing Bering Scoping Stud port p53 MOTION: Move to accept the Gateway Pedestrian Bridge Scoping Study Report dated May 2009, prepared. by the Consulting firm of Bonestroo. H. Professional services agreement for the 49th Avenue Pedestrian Bride - Riaht of Wav p92 acquisition. MOTION: Move to accept the proposal from Evergreen Land Services in the amount of $33,755, for professional services and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. I. Adopt Resolution 2009-59, being a Resolution amendmendin~ the 37th and Central LLC plot Redevelopment Contract. MOTION: Move to waive the reading oflZesolution 2009-59 there being ample copies available. MOTION: Move to adopt Resolution 2009-59, amending the development contract between 37th. and Central LLC, and the City Council dated June 24, 2008, changing commencement and completion dates. Adopt Resolution 2009-60, calling for a Public Hearing for modifications to the C8 TIF Plan ploy MOTION: Move to waive the reading of Resolution 2009-60, there being ample copies available to the public TviGTION: Move to adopt Resolution 2009-60, a Resolution calling for a Public Hearing by fife City Council on the proposed adoption of a modification to the Downtown Central Business District (CBD} Revitalization Plan for CBD Revitalization Project and the proposed adoption of a modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District, a Redevelopment District; far June 22, 2009. City Council Agenda Monday, May I1, 2009 Page 3 of 4 K. Adopt Resolution 2009-62, authorizinP contract application for a DEED ;rant, at 3930 pu 4 University Avenue. MOTION: Move to waive the reading of Resolution 2009-62, there being ample copies available for the public. MOTION: Move to adopt Resolution 2009-62, committing local match and authorizing contract signature for application of a contamination investigation and Remedial Action Plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights, Minnesota. L. Approval of the attached list of rental housing license applications, in that they have met the p116 requirements of the Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for May 11, 2009. M. Approve Business License Applications pizo MOTION: Move to approve the items as listed on the business license agenda for May 11, 2009 as presented. N. Approve payment ofthe bills. p122 MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 1301.23 through Check Number 130293 in the amount of $919,859.76. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Approve Resolution 2009-58, being a Resolution adopting a modification to the Downtown pi3o Central Business District. MOTION: Move to waive the reading of Resolution 2009-58 there being ample copies available MOTION: Move to adopt Resolution 2009-58, approving a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project; and a modification to the Tax Increment Financing PPan for the K-Mart/Central Avenue Tax Increment Financing District. B. 1st Reading: Ordinance l 565, Zoning Amendment to rezone 4337 University Avenue from LB pi41 to R-2A. MOTION: Move to waive the reading of Ordinance No. 1565, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1565, for Tuesday, May 26, 2009, at approximately 7:00 p.m. in the City Council Chambers. C. Adopt Resolution 2009-61, being a Resolution approving a Conditional Use Permit far a digital LED sign at 4950 Central Avenue. pi4a MOTION: Move to waive the reading of Resolution 2009-61, there being ample copies available to the public. MOTION, Move to adopt Resolution No. 2009-61, approving a Conditional Use Permit for a digital LED sign far Top value Liquor located at 4950 Central Avenue, subject to the conditions City Council Agenda Monday, May 11, 2009 Page 4 of 4 outlined in Resolution No. 2009-61. D. Adopt Resolution 2009-57, 5024 Madison Street N.E. being- a Resolution approvin rg ental p162 license revocation for failure to meet the requirements of the Property Maintenance Code. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-57 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2009-57 being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. E. Adopt Ordinance 1562 bein~an Ordinance establishing Fire Department service charges pl6s MOTION: Move to waive the reading of Ordinance No.1562, there being ample copies available to the public. MOT10N: Move to adopt Ordinance 1562, being an Ordinance establishing Fire Department service charges. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business S. ADMINISTRATIVE REPORTS Report of the City Manager May 4, 2009 work session a. Budget discussion Report afthe City Attorney p171 9. CITIZENS FORUM At this time citi~enc have an nn»»rtunity t» discuss with the C'rn~ncil ite~tis n»t nn the regular agenda. __. .____ ._____~ __.__.__- ___.. _ ____ _rr ____.____d _ _.____.__ .. _.__ .___ ______... . _.__... _ U v Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT William Elrite, Acting City Manager W E/pvm 4 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, APRIL 27, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 27, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. (Ordinances and Resolutions may be•found at the end of this docun2ent) CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson requested the addition of property acquisition and inter-fund loan. for 4I08 fit" Street. Motion by Diehm, second by Williams, to add property acquisition and inter-fund loan for 4108 7`" _rwb~a „n ?r,z~ L,' ?3„?~,i:,-• i~i.3.-~'v, ?T,~,r.s: --~ ,;iT ct4an:s - - '-~ .~us.~~ u~ twist t , i uviw ii~.c?iii~g;i. vYvii vvie. ~~ii ayes. Mv~avu i.:ariGU. Nawrocki requested to add the letter he received from the Mayor, under Other Business. Peterson stated that decision would need Councilmember's approval to be placed on the agenda. Kelzenberg stated this was a personnel issue and not to be discussed at this meeting. Motion by Nawrocki to add discussion of the letter he received from the Mayor, under Other Business. Peterson called for a second. Motion died for lack of a second. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS Peterson stated. that we have received our 17`" Tree City USA award and we are very proud of this. A. Reco ni~n Mayor Peterson read the recognition for Harold Netkow and Pastor David Briley for their many years of service on the Police and sire Civil service Commission. Netkow stated it was an honor and a pleasure to be on this commission and work. with the Chiefs, staff and Linda Magee. This commission was initially created to speed up the process of hiring and promotions. Briley echoed these comments. He stated. that they are ``old time cops" and the quality of candidates has improved. He thanked. the Council far letting him serve. B. Proclamation Community Prayer Breakfast -Mayor Peterson read the Proclamation. This is the 10`" annual event. He invited everyone to attend. CONSENT AGENDA Walt Fehst, City Manager took Council members through the consent agenda items. Nawrocki requested to remove Item 1. A. Approve minutes of the April l3, 2009 City Council meeting. Motion to approve the minutes of the April l3, 2009 City Council meeting. B. Approve Gambling Permit, Immaculate Conception Church Fun Fest, August ?-9, 2009 City Council Meeting Minutes Monday, April 27, ?009 Page 2 of 14 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and. pull-tabs at their Fun Fest event being held August 7 to 9, 2009 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. C. Approve permits for the 2009 Jamboree Fehst stated that the parade would be held on Central Avenue again this year. There was a question if the route would be on Central Avenue this year. Staff's concern was the savings of $3,000 to $4,000 with an alternate route. The route change will be considered next year. He thanked Mike Peterson, Lions President, for his letter requesting to keep the parade on Central Avenue. The Jamboree is June 24 to June 28, 2009. Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 22, 2009 through Sunday, June 28, 2009. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 26, 2009 beginning at 6:00 p.m. for the following streets: Central Avenue from 4~`~' Avenue io 40'~ Avenue, west on 40`x` Avenue to Jth Street and ~`" Street to Miii Street. Motion to authorize Fireworks at dusk on Saturday, June 27, 2009 and waive the Fire Department fireworks display permit fee. D. Approve transfer of funds for DTF from General Fund to Police Department Budget to reimburse Overtime Fund Motion to transfer $1.,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the first quarter of 2009 from the General Fund to the Police Department 2009 Budget line 1020, Overtime. E. Approve transfer of funds from General Fund to Police Department Budget to reimburse Overtitrte Fund re: Off-Duty Emp'toyment Assi ng_ments Motion to transfer the $2,435.05 received from CHHS and Unique Thrift Stores from the General Fund to the Police Department 2009 Budget line item 1020, Police Overtime. F. Approve the Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund re: Anoka County DWI Task Force Motion to transfer $1,385.37 received from the State of Minnesota as reimbursement for our participation in the Anoka County DWI Task Force from the General Fund to the Police Department 2009 Budget line item 1020, Overtime. G. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Cade. Motion to approve the items listed for rental housing license applications for April 27, 2009. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 27, 2009 as presented. City Council Meeting Minutes Monday, April 27, 2009 Page 3 of l4 1. Approve payment of the bills. -removed Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of item I. Upon vote: All ayes. Motion carried. Discussion: Approve payment of the bills. Nawrocki stated that check #129883 is for Jeff's Bobby's and Steve's Auto World. It is a legitimate expense, but as Councilmember Williams has an interest in this and is a member of the Council, it should be removed. Motion Nawrocki, second by Williams, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129970 through Check Number 130122 with exception of check #129883. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to approve check # 129883. Upon vote: Nawrocki, aye; Diehm, aye; Williams, abstain; Kelzenberg, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. I'~I~I~ IiE~INGS A. Adopt Ordinance Numbers 1563 and 1564 being Ordinances providing for the Issuance and Sale of Bonds Series 2009A and 20098 Item tabled until Bond Counsel arrived. B. Adopt Resolution No. 2009-50, being a Resolution authorizing_purchase of property located at 4502 Washington Street. Scott Clark, Community Development Director, stated that the neighbor to the south of the property is present. These neighbors submitted an email to Councilmember Williams, which passed on to him, with concerns about the property. Last month at the EDA meeting, there was a general direction to start a scattered housing district to buy functionally obsolete and structurally dangerous houses. The funding source is the tax increment district C8 fund. balance that will be decertified in 2010. With existing fund balance and tax increment receipts there will be a balance to buy approximately 20 of these properties and with the Anoka County program to buy another 1 (1 nrnnPrtiPC WP will lnnk to cell the nrnt~PrtiPC and rPrlPVPlnnmant them in the f17tIlYP rP~Pnnna ., r,_.,1...__...,,. .. _ ,......,~ .. ............_ r,..,r,.,....,., ........,...., ..,..,r....,... ,..r..a ......., .u.d.. .,.,.,. , .,.b approximately $6,500,000 in terms of reinvestment. We made an offer of $35,000 and. there will be demolition costs. Pictures were made available to the City Council and the public. This is a 900 square foot house. Clark listed issues with the home. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-50, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-50, a Resolution approving the acquisition of property located at 4502 Washington Street NE; and furthermore, to authorize the Mayan and City Manager to enter into an agreement for the same. Nawrocki questioned who would pay the taxes that are past due. Clark indicated the bank would need to pay the delinquent taxes. Nawrocki asked the estimate to demo the property. Clark stated $13,000 with the contract coming back for Council approval. Clark stated that a new district would be created for the scattered site area. We would acquire 70 to 80 percent of the cost through sale, Nawrocki. commented that these funds take away from other services. He will support this, but will not support creating another district. City Council Meeting Minutes Monday, April 27, 2009 Page 4 of 14 Peterson. opened the public hearing. Cary Mattson, owner of 4500 Washington Street, stated he has lived there 15 years and built a new home on the property two years ago. He has a vested interest to see that something good is done with this property. He indicated. he has just signed on with the Columbia Heights Fire Department. The home had drug issues and was raided and had structural issues. The original owner was there since 1952 and passed away at age 95. She wanted to see something good happen to this property. Nawrocki asked. if the intent for the property is to be owner occupied and not rental property. Clark stated that when these properties are for sale, they will came before the Council for approval. The intent will be to have them owner occupied. Nawrocki requested that be the goal for these properties. Fehst referred. to the City's External Goals to improve the City's housing stock. Peterson stated that he understands Mr. Mattson has indicated interest in purchasing the property. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2009-Si, approvinP an inter-fund loan in connection with the acquisition of 4502 Washin~;ton Street. Motion by Diehm, second by Williams, to waive the reading of Resolution 2009-51, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to Adopt Resolution 2009-51, a Resolution Approving an Inter-fund Loan in connection with the acquisition of 4502 Washington Street. Upon vote: All ayes. Motion carried. D. First Reading of Ordinance 1562, Establishins~ Fire Department Service Charges Fire Chief Gary Gorman stated this ordinance would allow the department to charge for service of certain types of events that are out of the norm of their job. State Statute allows charging for these things. Some items included are: vehicle accidents, railroad fires, state highway fires, technical rescues, cut gas lines, underground utility breaks, hazardous materials, and arson fires. The City of Fridley does this and it works well far them. A lot of the invoices are sent to insurance companies. This is a way for our department to recoup same costs for events that are out of the norm. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1562, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance 1562, for May 11, 2009 at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Nawrocki asked how much we anticipate decreasing the property tax with this new revenue. Fehst stated that we may expect to receive about one-half of what the City of Fridley gets. We will lose a $1,000,000 next year in state aid. This is a way to off set some of that cost. Nawrocki stated it is bad policy, as the department is set up for emergencies and now people may have to consider that it may cost them to call for assistance. Kelzenberg stated. that people would call when there is an emergency. Charges can be dealt with City Council Meeting Minutes Monday, April 27, 2009 Page 5 of 14 after the fact. Gorman stated that the number of calls continue to increase. With all the things like meth houses, etc. we must train, be certified, test, and obtain specialized equipment. This would eliminate the cost of certain events for the good citizens of the community. The Fire Department budget has been cut 16 to 18 percent in the last few years. Deb Johnson, 4626 Pierce Street, stated these charges make people take responsibility for their own actions and our own stupidity, like in the case of rescues through ice. She questioned vehicle accident coverage and if the amount would only be what the insurance company covers. Gorman stated there would be a fee schedule set at the second reading of the ordinance. It would be based on the federal rate and national standard. Diehm indicated that charges not covered by insurance could be appealed to the City Council. A 911 call for a heart attack is not included in this. Nawrocki felt that the insurance companies would then reflect this in their fees. It is difficult to collect from the owners of a meth house. We encourage people to not take chances and to call 911. Mary Persing, 2201 40th Avenue, stated that she has never had a problem with the Police and Fire Departments, but would be afraid of insurance rates going up. She questioned the large cast to process paper work and the opening to increase fees in the future. Gorman referred to staffing and our rental licensing program. He stated that the people that use the system should pay for the system, just like abatements where the owner should pay for the staff time. There is a State Statute whereby the State has to pay for fires along highway property. Tax dollars should pay for basic services. Williams stated that about 99.9 percent of residents will not pay for any of these fees. Upon vote: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Adopt Resolutions 2009-52, 4208 Madison Street N.E., 2009-53, 3732 3rd Street N.E., and 2009-54, 3814 Gauvitte 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. CTorman listed the addresses. Issues are failure to submit license application and fees, and schedule the inspection. Nawrocki stated that inspections are different from fire fighting duties. Inspection fees are justified. Nawrocki gave the history of the fire department. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-52, 53, and 54 being ample copies available to the public. Upon vote: All ayes. Motion carried. otion by Williams, second by Diehm, to adopt Resolution Numbers 2009-52, 53, and. 54 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A} ofthe rental Licenses listed. Upon vote: All ayes. otion carried. City Council Meeting Minutes Monday, April 27, 2009 Page 6 of 14 A. Adoat Ordinance Numbers 1563 and 1564 being Ordinances urovidinu for the Issuance and Sale of Bonds Series 2009A and 2009B Mark Ruff, Ehlers and Associates, gave an update of the bond request for the public safety center, Murzyn hall energy efficiency, city water line lining, and 2007 and 2009 special assessments for street projects. After the second reading we would publish the ordinance in the newspaper, followed by 30 days for response. The bonds would be sold in June. The second bond would be paid by revenue from the developed k-mart site. Motion by Diehm, second by Williams, to waive the reading of Ordinance 1563, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Ordinance No. 1563 being an ordinance providing for the issuance and sale of approximately $3,935,000 General Obligation Public Facilities Bonds, Series 2009A. Mary Persing indicated distress that the City Council continues to spend money in this economy. Peterson indicated sorrow at her feelings, but stated the public safety project and Murzyn Hall energy improvement decisions were made prior to the turn in the economy. Diehm stated that everyone on the Council takes very seriously the financial decisions made. It has been a tough year with the loss of local government aid. and putting all employees on a two week unpaid furlough. We now risk losing a lot of our progress made in our community. We have houses that are falling apart selling for $19,000 and we have to make a choice, do we allow families to buy these homes that are not fit to live in. Williams stated that the water lining bonds are an ongoing project to keep our water good. Fehst stated that four or five years ago we had residents lined up to speak about the bad water lines in the city. We need to catch up on some of these items. Nawrocki stated that the water lines need to be done and the special assessments are for projects that are done. The public safety building, when first proposed, was for $11.5 million and we were lead to believe it could be less than that. Now it is being increased to $12 million. The police department needed the space, but the fire department could have stayed and used the police space. He indicated that some of the money could come from reserves rather than from bonding. They should. also be used far the Murzyn Hall costs. Motion by Nawrocki to reduce the public safety building bond. from $2 million to $1.5. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Nawrocki to strike $200,000 from the Murzyn Hall band request, to be paid instead with reserves. Peterson called far a second to the motion. Motion died for lack of a second. Upon vote oftlle original. motion: Nawrocki, nay; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance 1564, there being ample copies available to the public. Upon vote: All ayes. atio carried. to City Council Meeting Minutes Monday, April 27, 2009 Page 7 of 14 Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1.564 being an ordinance providing for the issuance and sale of approximately $930,000 General Obligation Taxable Tax Increment Financing Bonds, Series 20098. Nawrocki stated the goal is to expand the district to increase borrowing against the district, with not only the $930,000, plus $300,000 in interest. This is very premature. Ruff stated that this process is setting up the bond sale. We can wait until June to see what the Legislature will do. The Senate bill may not allow us to do this in the future. Council maintains the ability to decide. F. Item added: Clark stated that this property was listed on Friday for $19,900. The home is 71.8 square feet. The majority of the house is rotting away. Clark showed pictures of the home. Nawrocki asked the demo estimate. Clark stated approximately $ ].6,000 to $17,000, as there are asbestos issues. Nawrocki stated the goal would be to make this a single family/owner occupied home. He will not support setting up another tax increment district. Fehst again referred to the adopted external city goal to improve the City's housing stock. This house was built in 1918. These homes have served their purpose and it is time to replace them. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-55, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-55, being a Resolution approving the acquisition of property located at 4108 7t" Street; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki referred to older homes that were fixed and added on to. Fehst agreed that homes which are kept up are fine, but some homes have become decayed and are being sold for less than the land value. Peterson stated that the structure of this home is not safe. Deb Johnson stated that within two blocks of this home there are five homes in foreclosure. If we are not Careful and stop th;s now, this may become another Sheffield area. Fehst stated that this house, at one time, had a $140,000 mortgage. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-56, there being an ample amount of copies available to the public. Upon. vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adapt Resolution 2009-56, being Resolution approving an inter-fund loan in connection with the acquisition of 4108 7`" Street. Upon vote: All ayes. otion carried. ITEMS FOR CONSIDE TIN -none T TI P T Report of the City Manager 11 City Council Meeting Minutes Monday, April 27, 2009 Page 8 of 14 Fehst requested to schedule an executive session on Monday, May 11, 2009 at 6:00 p.m., prior to the city council. meeting, for the purchase of the Hilltop Trailer property, followed by a short work session for the Refuse and Recycling RFP. Nawrocki indicated the need to monitor if the Elk River refuse station will continue or be shut down. Fehst stated casts were reduced during the last contract negotiation. The hauler has indicated that if the contract is bid, the cost would increase. Concerns will be brought up at the meeting. The May 4 work session agenda will include the 2010 budget and. funding far the pedestrian bridge. There will also be a representative from the Better Business Bureau present to describe how being a member would benefit us. Nawrocki referred to the pedestrian bridge and handicap accessibility. Important to remember this bridge met all requirements when it was built and unless there is work done on it, you do not have to comply with current standards. He stated he did not see any handicapped, as they are transported to the schools. Fehst stated that he witnessed a wheelchair cross the street. Nawrocki stated there is still graffiti on the green box at 40`x' and Circle Terrace. Nawrocki stated that the gym costs have gone up. Fehst stated that the Finance Director factored in the required items for the contingency fund. We would like to place cameras in areas to be supervised at night with limited staff. Report of the City Attorney -nothing to report CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Read from the Green Sheet regarding the Drug Task Force -Good job Detective Bonesteel. Williams • Crime is down again through week 16. Listed the categories. • June 19 and 20 fund raising event for "One community -Rising to New Heights" for a new two part park in conjunction with the School District. Events will be held at Murzyn Hall and Huset Park. Diehm Attended the statue fund raising pancake breakfast with the Mayor at Applebee's. Breakfast served by our Paiice and Fire personnel. Honked the lvlayor for his work on this. The School District passed their new academic calendar for next year. It is available on their web site • The Jamboree will be June 24 to 28. Nawrocki. • Assisted in the Lion's highway clean up. • Read the letter he received Pram Psayor Peterson on conduct. IIe commented on his feeling on specific items in the letter, and disagreed with the letter. • Indicated. the Auto World signage has changed. • Reiterated the city attorney is an employee and should contribute to the furlough. • Commented on his beliefs of discussion of city business. Peterson 12 City Council Meeting Minutes Monday, April 27, 2009 Page 9 of 14 • Indicated he did send the letter to Councilmember Nawrocki and copied other Council members and his reasons for doing so. Read an email from a St. Thomas student, that attended the last Council meeting, questioning a Council member's conduct. • Participated, with the City Manager, in the KC tootsie roll give away. • Status of statue fund raiser is $17,000. The pancake breakfast raised $1,000. Times are tough, but people still have a big heart. • Credited Councilmember Williams far his fund raising enthusiasm. We have raised a lot of funds in the last ten years. • Can't say enough about our service men and women. When you see them, shake their hand. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:02 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION 2009-50 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4502 WASHINGTON 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 dilapidated foreclosed properties, 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 Wilshire Credit Corporation (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED i. The City Council hereby approves the terms of the Purchase Agreement for 4502 Washington Street NE between the City of Columbia Heights and Wilshire Credit Corporation and. authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $35,000 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 Capital Improvement Development Fund (fund 420). RESOLUTION 2009-51 RESOLUTION APPROVING AND SPECIFYING TERMS OF INTER-FUND LOAN FOR ACQUISITION OF 4502 WASHINGTON ST. NE 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 Redevelopment Project No. 1 ("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 is authorized to acquire real property for development and redevelopment by private enterprise or public use. C. The Authority proposes to acquire certain property in the Project located at 4502 Washington Ave. NE (the "Property }." 13 City Counci(Meeting Minutes Monday, April 27, 2009 Page 10 of 14 D. The Authority and City may establish ascattered-site tax increment financing district ("TIF District") under Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act") that includes the Property in order to facilitate development of that property; or the Authority and City may develop the property for various public uses. 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 funds to the EDA in order to acquire the Property, which loan may be reapaid from tax increments or other sources, all as further described in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights follows: 1. The City authorizes a loan. to the Authority in the maximum amount of $35,000, plus actual closing costs on acquisition of the Property and the actual costs of demolition (the "Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such amount will be made available to the Authority at or before the closing on acquisition of the Property by the Authority. 2. The outstanding principal balance of the Loan bears interest at the rate of 5.0 percent per annum, which is the maximum rate applicable under Minnesota Statues, Section 469.178, subd. 7 for calendar year 2009. Interest accrues from the date of disbursement from the identified funds in order to acquire the Property. 3. The Loan is payable from tax increments generated from a TIF District to be created (if any), from any other tax increments 'legally available for such purposes, from proceeds of the sale of the Property (if any}, and from any other revenues available to the Authority. Principal and interest ("Payments") shall be made at the times any revenue sources are available to make installment payments. 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. To the extent the Loan. is paid with tax increment, 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 or 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 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. 7. This resolution is effective as of approval by the EDA of a resolution authorizing an interfund loan under substantially the terms described in this resolution. 8. The City Council authorizes and directs staff to take all actions and execute any collateral documents necessary «v ..: _r..~:.. _ _i....:_._ iv Cariy' viit caec'ntciit va. usis acsvtuuv~.a. RESOLUTION 2009-52 Resolution of the City Council for the City of Cohimbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of that certain residential rental license held by Jeffery Dinkel (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4208 Madison Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 6, 2009 of an public hearing to be held on April 27, 2009. Novr, therefcie, in accordance with the foregoing, and all ordinances and regulations of the City cf Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about February 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 an April 6, 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 14 City Council Meeting Minutes Monday, April 27, 2009 Page 11 of 14 Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8903 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-53 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 Jose Lema (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3732 3`d Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the praposed Council action contained herein was given to the License Holder on April 1, 2009 of an public hearing to be held on April 27, 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 l . 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 April 1, 2009 inspection office stafFreviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8872 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; ~. rs~i ~ct~aiEis auau fcuiuve euc~u5civcs irueu ine ~ce«usc~ wuuui ov uays uveic Luc msi uay w ~v"sting vi uu~ viuee revoking the license as held by License Holder. RFSOr.TJ'I'ION 2009-54 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 Christopher Quinn (Hereinafter "License Holder"). Whereas, license holder is the Legal owner of the real property located at 3814 Gauvitte 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 April 14, 2009 of an public hearing to be held on April 27, 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 ar about October 1, 2008, inspection affice staff sent a letter requesting the owner of the property to submit a rental License application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That an March II, 2009 inspection affice 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 retards. 15 City Council Meeting Minutes Monday, April 27, 2009 Page 12 of 14 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9307 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ORDINANCE NO.1563 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $3,935,000 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 2008B, in the aggregate principal amount of $10,000,000 (the "Series 2008B 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 Charter 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 ___.. ____.__e --____.._.. ____:r._~ :_ a__~: ___ ~ :__ _____~__-_ _..:.L .~_ .._--_-_ _r _______r _.---__---~ v_. .v_ n:~. nR______ __a ~~__ n:.._. Nctieee~tne [CIEIVtillL s~ceeerou eee xeeevee ~, lie atweuaeeee wuu ceee wares ui Nev~v~ae a~~eweu vy euc ~ eey mau~e~ee auu rue ~eey Finance Director. The City 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. 6. The City previously declared its nffi_cial_ 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 2008B 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 2008B 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. ORDINANCE NO.1564 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $930,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT FINANCING BONDS, SERIES 2009B THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City of Columbia Heights, Minnesota (the "City") and the Columbia Heights Economic Development Authority (the "Authority") duty established the Itmart/Central Avenue Tax Increment Financing District (the "TIF District") within the Downtown CBD Redevelopment Project (the "Project") pursuant to Minnesota Statutes, Sections 16 City Council Meeting Minutes Monday, April 27, 2009 Page 13 of 14 469.174 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 in 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 advisor 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 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 City 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. RESOLUTION 2009-55 APPROVING THE ACQUISITION OF PROPERTY LOCATED AT 4108 7th 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 dilapidated foreclosed properties, 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 Countrywide Home Loans, Inc. (the "seller") and Purchase Agreement has been signed by the seller and provided to the City Council NOW THEREFORE BE IT RESOLVED 1. The City Council hereby approves the terms of the Purchase Agreement for 4108 7`" Street NE between the City of Columbia Heights and Countrywide Home Loans, Inc. and authorizes the Mayor and City Manager to sign the agreement on behalf of the city at a purchase price of $19,900 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 Capital Improvement Development Fund (fund 420}. RESOLUTION 2009-56 RESOLUTION APPROVING AND SPECIFYING TERMS OF INTER-FUND LOAN FOR ACQUISITION OF 4108 7th ST. RECITALS A. The City of Columbia Heights. ("City") and its Economic Development Authority ("Authority") have undertaken a program to promate the development and redevelopment of land which is underutilized within the City, and in this connection the Authority administers the Redevelopment Project No. 1 ("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 is authorized to acquire real property far development and redevelopment by private enterprise or public use. 17 City Council Meeting Minutes Monday, April 27, 2009 Page 14 of 14 C The Authority proposes to acquire certain property in the Project located at 4108 7`~ Street NE (the "Property}." D. The Authority and City may establish ascattered-site tax increment financing district ("TIF District") under Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act"} that includes the Property in order to facilitate development of that property; or the Authority and City may develop the property for various public uses. 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 funds to the EDA in order to acquire the Property, which loan may be reapaid from tax increments or other sources, all as further described in this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights follows: 1. The City authorizes a loan to the Authority in the maximum amount of $19,900, plus actual closing costs on acquisition of the Property and the actual costs of demolition (the "Loan"), to be drawn from any unencumbered funds available to the City for such purposes. Such amount will be made available to the Authority at or before the closing on acquisition of the Property by the Authority. 2. The outstanding principal balance of the Loan bears interest at the rate of 5.0 percent per annum, which is the maximum rate applicable under Minnesota Statues, Section 469.178, subd. 7 for calendar year 2009. Interest accrues from the date of disbursement from the identified funds in order to acquire the Property. 3. The Loan is payable from tax increments generated from a TIF District to be created (if any), from any other tax increments legally available for such purposes, from proceeds of the sale of the Property (if any}, and from any other revenues available to the Authority. Principal and interest ("Payments") shall be made at the times any revenue sources are available to make installment payments. 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. To the extent the Loan is paid with tax increment, 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 or 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 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. 7. This resolution is effective as of approval by the EDA of a resolution authorizing an interfund loan under substaniiaiiy the terms described in this resolution. 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. 18 ECONONIIC DEVELOPMENT AUTHORITY (EDA) I<~IINUTES OF THE REGULAR MEETING CH 24, 2009 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Gary Peterson, Bruce Nawrocki, Marlaine Szurek, Gerry Herringer, and Bruce Kelzenberg. Members Absent: Tammera Diehm and Bobby Williams Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. PLEDGE OF ALLEGIANCE- RECITED CONSENT AGENDA 1. Approve the Minutes of February 24, 2009 2. Approve the Financial Report and Payment of Bills for February per Resolution 2009-IO Nawrocki wanted a correction made to the February minutes on page 2 under concerns expressed by the members to include: Would the programs have income restrictions that could affect tow to moderate income households. Nawrocki also questioned several vendor payments on the List of Bills Paid. Motion by Szurek, seconded by Nawrocki, to approve the Consent Agenda items as listed with the correction noted. All ayes. MOTION PASSED. EDA RESOLUTION 2009-10 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA} APPROVING THE FINANCIAL STATEMENT FOR FEBRUARY 2009 AND PAYMENT OF BILLS FOR THE MONTH OF FEBRUARY 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 tnaney 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 February 2009 and the list of bills for the month of February 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 RESOL°vED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the attached Onancial statements and list of hills, which are attached hereto and made a part hereof, and they are found to be correct, as to farm and content; and BE IT THE SOL D tits financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT ER SOL this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Economic Development Authority. 19 Economic Development Authority Minutes Page 2 March 24, 2009 BUSINESS ITEMS 1. Housing Prograffi Discussion Clark stated he wanted to have a discussion regarding three potential housing programs to address the housing foreclosure crisis we are experiencing. He provided a table of potential funding sources and maps depicting the number of foreclosures and rental properties as information for the discussion. Clark stated that we have had 493 foreclosures since 2007. Thus far, l54 of these properties have been sold. It is anticipated that we will see 100 additional foreclosures by the end of 2009, which will mean that 10% of our single/double family pausing will have gone through a foreclcsure process. Clark explained that most of these properties are selling at $.55 on the dollar compared r_o the Estimated Market Values, The banks are dumping these properties at reduced prices, and in an "as is" condition, which don't accurately reflect the real value of the property. As a result, these sales are having a negative affect on the market values for entire neighborhoods. Clark pointed out the areas of the city hardest hit by these foreclosures. He noted that the area south of 45t" Avenue, between University and Central and the Sheffield area are the worst with 12-20% of the homes in foreclosure, respectively. The foreclosures bring another problem as many are being bought by investors, and are being turned into rental properties. This is increasing the percentage of rental property in the city, which the city was trying to curb before this crisis happened. The city has gained 62 new rentals since September of 2008, most due to investors buying foreclosed properties. Clark went on to explain that while we are getting into those properties that are obtaining rental licenses and a small percentage of the foreclosed homes that meet the criteria set in our A L.~,.,.,i.. o.~l /t 7., ,~,+ D.- o,-+., (l,-l1; ;+ ~t;il to I.d rn~o .,~1-,n.,~,oc +l,.~t ~ ~;+ l~,n;,-, r' L"LVQdd4.8Vd16. U/ Y CL6.~Rlll 1 AVl./l.l lJ' VAUBAla116~.~e, t6 Jt1Ad db+6.68YdeJ a dGArge ddUPld Vt+d V8. dAVld At.~J t8d6dt tare adVa aJwadd~, inspected to ensure minimum code standards. If properties do not fall into one of these categories, we have no control over the fact that houses in very poor condition are being sold and re-occupied without deficiencies being corrected. For this reason, staff is suggesting various housing programs be implemented to deal with this crisis. One program by itself will have minimal impact. But if several of the programs are implemented we could make more progress toward. the goal of maintaining and/or improving the housing stock in our city. The three programs recommended for consideration are establishing a scattered site housing TIF District, using Anoka County levy monies to start a down payment/rehab incentive program in conjunction =,~/ith FHA 203K loans, and to re-examine the RIBS program for a particular timeframe, to be determined, to get us through the crisis we're currently in. Clark told members that out of the 439 foreclosed pr°operties presently on the market, only 80-90 have met. the criteria of being declared Abandoned/Vacant to prompt an inspection. These properties have been posted. Fourteen houses Have been inspected thus far. Clark said about 60% need minor corrections, 20% need. a couple thousand dollars in repairs, and approximately 20% are in very poor condition with severe structural or hazardous issues. There are properties that have been inspected that will need to go through the condemnation process. 20 Economic Development Authority Minutes Page 3 March 24, 2009 Walt told. members that the scattered site program was very successful in Robbinsdale. He said they replaced a couple hundred homes over a period of time and that it helped revitalize neighborhoods. Even though the rules to establish these districts have changed, he knows the overall reward this program can have on a city. The first thing we need to do is identify the source of funding. If TIF monies generate approximately one million, it could be used to buy up properties. Clark said it is possible to purchase up to 20 homes if we could pick them up for about $50,000 each. The City will need to wait one year from the last purchase to establish the district. The City would have these homes immediately demolished and the base would go down to land value and would allow more for greater TIF dollars. This would clear blight throughout the city's neighborhoods. Peterson suggested a small committee be formed to decide if a property is a good value and recommend whether to purchase it or not. Cartney responded that staff has been aggressively making preliminary offers, but all offers are subject to City Council approval. Up to this point, if it was approved, then funds had to be found in order to complete the sale. If we establish this program, the money would be available to allow staff to move more aggressively and to negotiate purchase prices in a quicker fashion. The problem staff is starting to encounter is that banks and mortgage companies are slow in responding to offers because they're so backlogged with all the properties in foreclosure at the present time. Peterson asked what it would take to de-certify the Downtown TIF district and get this program started. Clark stated it would take about 3 weeks or so to coordinate with Ehlers and our Finance Dept. to establish exactly how much money would be available. The C-8 District has one additional year of funding before de-certification and can be an additional source of revenue to compliment the existing fund dollars. Herringer stated we would be facing more competition as private entities and investors will start buying up the toxic mortgages as credit loosens. He thinks the city needs to move in haste if we hope to purchase homes in poor condition, at a reduced price, for the purpose of re-developing the ~;~o JHCV J. Nawrocki questioned how many homes we are actually getting in to inspect. Clark told him we have gotten into 14 abandoned properties and b2 new rentals out of the 4~3 properties that have been, or are in foreclosure. This is only a small number and that is why staff is recommending the Council look at initiating the RIBS program again. Clark understands this is a political issue, but suggested a 3 year sunset clause which would get us through the worst of the foreclosure caused turnover. Szurek felt the Council. will face the same opposition it did last year. Clark stated that a lot of incorrect information was voiced. at that meeting and caught people off guard. He felt a number of things are different this year than last year. He said we were still in a more typical market last spring and the foreclosure crisis is now affecting every neighborhood and every home's value. He thinks that if staff articulates the program differently, the Council will better understand the Ordinance so that any incorrect information can be addressed, and in turn, people will be more receptive. The fact that we have done some inspections on abandoned properties has given us some knowledge and experience to help answer questions. 21 Economic Development Authority Minutes Page 4 March 24, 2009 Clark stated that the scattered site program will only address approximately 20 homes throughout the city, and the down payment/rehab Pilot Program would only help about 30 homes. That is why he thinks we should look at a Point of Sale (RIBS) program also, at least on a temporary basis. Peterson agreed the public is getting more knowledgeable about the problems this crisis is bringing to local neighborhoods and how it is affecting them personally as their property values drop. He feels the general public will be more receptive this time around especially if the Council sticks together for the betterment of the community. He said that any of the Council members who had questions or reservations about the Ordinance should speak to staff to get a better understanding of it. Clark suggested holding educational sessions for residents before it goes to Council to help curtail incorrect information being passed around. Herringer asked if there was any way to expand on the present definition of abandoned/vacant properties to allow us to inspect more of those homes. Clark said the attorney helped establish the criteria in the Ordinance and warned that we cannot single out a specific category of houses without some definition. Peterson thought staff should look into the details of the funding first, then talk to the commission/council members that weren't present for this meeting, and to then schedule a couple of educational forums to answer questions from the public. Nawrocki had concerns regarding the additional expense of the inspection that the sellers would incur if they put their home on the market. He wanted clarification. as to what items would need to be corrected prior to the sale of the house. Clark explained that items are looked at and rated o+~ ~ao UJ. tAAe6+LJ 1F dd1&$tAill,IldA VVUI., needs to be repaired or replaced; or, hazardous--needs immediate correction Items or comments may be noted on the inspection checklist-but that doesn't mean they necessarily need to be repaired or replaced. The third program staff recommends is using Anoka County Levy money far a Pilot Program similar to one Brooklyn Center has started. People purchasing a foreclosed property using the FHA 203K program. would be eligible fora 0% loan for 3.5% of the acquisition price plus the amount to rehab, up to a maximum amount of $6,000. Sheila reviewed the criteria staff is recommending, Herringer suggested not offering the pro-rated payment option for the first 3 years of ownership to encourage homeowners to stay in the home and stabilize the neighborhood. 22 Economic Development Authority Minutes Page 5 March 24, 3009 Nawrocki asked who administers the 203K loans. Cartney explained any of the large banks and mortgage companies can offer this type of loan. It is a type of FHA or HUD mortgage. Nawrocki was also concerned with using TIF de-certification money for just housing. Clark stated that housing is our main. concern at this point, and that action needs to be taken for the well being of the community. Nawrocki also said he is against double-digit tax increases and using all this money towards these programs, especially since we are facing the lass of the LGA funding. Kelzenberg asked how much relief homeowners would get if we didn't use the TIF monies for these programs. He was told it would amount to approximately $20/property. Kelzenberg thought the money would be better spent in these housing programs to improve our neighborhoods. Nawrocki then expressed concern that we should wait until we know what Anoka County is going to do; and that we may be duplicating efforts. Clark said that Anoka County hasn't made any decisions yet on their programs, and the amount of help Columbia Heights will receive is in competition with other Anoka County cities. The programs they are looking at will probably affect 10-15 homes at the most. We need to look at more than just that number in order for there to be a noticeable improvement. Peterson thought we should be in control of our own City and do what we have to do to improve things, and not wait for help that may or may not be there. Motion by Kelzenberg, seconded by Szurek to move forward with all three programs and bring more information to the Commission with the following items understood: 1. That no formal action will be taken to implement the programs until more information is provided 2. A strategy will be established for review of all these programs. Staff will develop an implementation strategy for 1) Scattered Site Housing; 2) a Rehabilitation Program in conjunction with 203K program; and 3) Staff will also bring back more information. on U lAV L6J1A1~ didJp4L6AV kA 1.JrVgr aldt CV CAtb lAeA6 lAAeLldAt~.' AVII 111JV6dJJLV LA. 3. Staff will talk to the commission/council members who were not in attendance tonight. All ayes. MOTION PASSED. 3. Administrative Report Clark reported that Mike Bjerksett will re-apply for HUD 202 project funding for the project at 39`" and. Huset Pkwy. Staff met with Senator Chaudhary and the Senate Tax Committee regarding the Bill introduced to increase the 5-year Rule for the K-Mart Site Tax lnerement District. There will be another aneeting April 3`d with the House Tax Committee and Carolyn Laire to introduce the -3i11 in the House. Vice-Chair Bobby Wilt°rams, in the absence oftl~e HRA Chair, has called a Special HRA meeting far Monday, March 30`" at Parkview Villa at 6:30 pm. This meeting may replace our regular April meeting. The purpose of the meeting is to amend the Capital Fund Account to accept money from HUD as part ofthe Stimulus Package. Parkview Villa will receive $130,000 for improvements, and the amendment must be made before April 10`" in order to tlualify for the money. 23 Economic Development Authority Minutes Page 6 March 24, 2009 Nawrocki asked how the project at 37th and Central Ave is going. Clark said there hasn't been any recent progress on this. Clark said he would know more about the 47th and Central Ave project within the next 2 weeks. He will keep the members updated on the status. He also said the final retainage payments have been made for the Sullivan Shores project and that the project is now complete. The meeting was adjourned at 9:00 pm Respectfully submitted, Shelley Hanson Secretary 24 PLANNING AND ZONING COMMISSION MIlVUTES OF THE REGULAR MEETING Y 5, 2009 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Szurek and Peterson (arrived at 7:03 pm). Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Thompson, to approve the minutes from the meeting of March 3, 2009. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: RED c ST: 2009-0501 Fairview Clinic 4000 Central Avenue Site Pian INTRODUCTION Sargent explained that Spectrum Signs is requesting a Site Plan approval for the installation of a new monument sign for the Fairview Clinic located at 4000 Central Avenue. This building has been the location for the Columbia Park Clinic, and Fairview Clinic has become a recent co-tenant. Sargent reviewed the details of the request and the City's requirements. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities and provides opportunities and mechanisms for successful redevelopment of targeted areas within the community, by enhancing the image and viability of the Central and. 40`" Avenue corridor. One way to accomplish this goal is for the businesses along Central and 40`'' Avenue to conform to the Design Guidelines for commercial-related. activity. By using a monument sign instead. of a pylon sign, Fairview Clinic's signage plan would be consistent with the Design Guidelines and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The property is located in the Central Business District (CBD), as are the surrounding properties. The subject parcel is also located within the Design Overlay Central Business District, and is subject the regulations for such properties. The City Code at Section 9.106 (P)(1 l) states that monument signs in the CBD District shall be limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property lines. The applicant's sign plan indicates that the monument sign will be 7'9" in height and. 38.5 square feet in area. The site plan for the sign also indicates that the monument sign will be located six (6) feet from the property line along 40`" Avenue. DESIGN G EL S SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of brick and will be colored to match the building. 25 Planning & Zoning Commission Minutes Page 2 May 5, 2009 The Design Guidelines also prohibit internally lit box signs. The proposed monument sign incorporates internally lit routed letters, which is consistent with the intent of the Design Guidelines. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The proposed site plan meets all the Design Guidelines standards for monument signs in relation to the color of the sr.'gn and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Central Business District. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and. the public right-of--way. The proposed signage meets all the minimunZ setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. RECOMMENDATION The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approval of the site plan for the Fairview Clinic, located at 4000 Central Avenue. Questions from Members: Szurek asked if this location had ever had a monument sign before. Sargent told her they had not. Fiorendino asked what would prohibit them from refacing this internally lit sign in the future to make it appear more like the white box sign. we want to prevent. Sargent stated any refacing of the sign would still have to meet the Design Guidelines and that staff would handle this administratively. Schmitt commented that the sign looks as though it will be approximately the same height as the Financial One sign. Peterson thought the proposed sign looked good and would be a Hies addition to the site. 26 Planning & Zoning Commission Minutes Page 3 May S, 2009 Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Peterson, to waive the reading of Resolution No. 2009-PZOS, there being ample copies available to the pZrblic. All ayes. MOTION PASSED. Motion by F'iorendino, seconded by Peterson, to adopt Resolz~tion No. 2009-PZOS, being a resolution approving a site plan for Fairview Clinic, located at =1000 Central Avenue. All ayes. MOTION PASSED. RESOLUTION N0.2009-PZOS RESOLUTION OF THE PLANNING AND ZONING COMIVIISSION APPROVING A SITE PLAN FOR SIGNAGE AT 4000 CENTRAL AVENUE WITHIN THE CITY OF COLUIVIBIA HEIGHTS, MQNNESOTA WHEREAS, a proposal (Case #2009-0501) has been submitted by Spectrum Signs, doing business for Fairview Clinic, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4000 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for Fairview Clinic located at 4000 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 5, 2009: WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, arr, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. 27 Planning & Zoning Commission Minutes Page 4 May 5, 2009 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one jl) calendar year after the approval date, subject to petition for renewal of the permit. Passed this St" day of May, 2009, Offered by: Fiorendino Seconded by: Peterson Roll Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and. return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Richard Ferraro Date CASE NUMBER: 2009-0502 APPLICANT: Alan C. Wiggins LOCATION: 4337 University Avenue REQUEST: Rezoning of property from LB to R-2A BACKGROUND At this time, Mr. Alan Wiggins is requesting a zoning amendment to rezone the property at 4337 University Avenue from LB, Limited Business, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence. The LB, Limited Business zoning classification does not allow single-family dwelling units as a permitted use. For this reason, the property was considered legally nonconforming when it was being used as asingle-family house. Minnesota State Statutes state that all nonconformities may continue their existence until the nonconformity or occupancy is discontinued far a period of more than one year. In 2007, the property went into foreclosure and the house became vacant. Last month, the applicant purchased. the property with the intent of residing in it. Staff informed Mr. Wiggins that the property was considered nonconforming in that the one-year period had elapsed. and single-family uses were not permitted in the LB, Limited Business zoning classification. At that time, the applicant inquired about rezoning the property to R-2A, One and Two Family Residential so that the property may be reoccupied as asingle-family use. 28 Planning & Zoning Commission Minutes Page 5 May 5, 2009 COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This guidance allows for a mixture of neighborhood. service-oriented development with varying densities of residential development. Asingle-family use would. be consistent with the appropriate uses for this Comprehensive Plan guidance. ZONING ORDINANCE The subject property is currently zoned LB, Limited Business, as are the properties to the north. The property directly to the south is zoned R-2A, One and Two Family Residential. The proposed zoning classification for the subject property is also R-2A, One and Two Family Residential, and would be consistent with the zoning classification in the area. Rezoning the property would also be consistent with the historic use of the property as asingle-family house. Sargent explained this is not considered a spot rezoning which the City tries to avoid because the re-zoning would coincide with the properties to the south. FINDINGS OF FACT Section 9.104 (F) of the Columbia Neights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This gzidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. A single family zzse would be consr.'stent with the appropriate uses for this Comprehensive Plan guidance. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Although the proposed rezoning of the property at 4337 University is via request from a single pz°opert?~ owner, the benefit of the property being rezoned is to the public. .Without the r°ezoning, the house would sit vacant indefinitely, or until a prospective developer would pzzrchase the land for redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to continue. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The previous use of the property was a single family house. The proposed zoning classification is consistent with the zoning class fication in the general area, and the proposed use of `the property is consistent with the historic use of the property. 29 Planning & Zoning Commission Minutes Page 6 May S, 2009 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. It is unclear as to why the property was originally zoned LB, Limited Business. It is conceivable that the intersection of 44r" Avenue and University Avenue could be redeveloped into a commercial entity, and that the property at 4337 University Avenue was included in the LB District to ensure that enough land was set aside for such a development. With that said, the property directly to the north is used for multi family residency, and the likelihood of that intersection ber.'ng redeveloped is slim. The change in the trend of development is that redevelopment of the area into a conforming use is not likely to occur. RECOMMENDATION Staff recommends the Planning Commission approve the re-zoning of 4337 University Avenue. Questions from members: There were no questions from the members. Public Hearing opened: Michelle Ballentine who recently purchased. 4334 4`" Street spoke in favor of the re-zoning. She felt the property should be zoned in a Residential category and would not support the site being used as a business. She stated that a business at that location would be an inconvenience for everyone else in the neighborhood due to access issues and the fact that all of the surrounding properties are also used as residential. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council approve the rezoning of the property located at 4337 University Avenue from LB. Limited Business to R- 2A, One and Two Family Residential. All Ayes. MOTION PASSED. The following ordinance will go to the City Council May 11, 2009. ORDINANCE ~~ CITY OF COLUMBIA HEIGHTS, MINNESOTA DEING AN ORDINANCE PERT G TO ZONING AND DEi~ELOPMENT ORDINANCE NO. f42~, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4337 iJNIVERSTTY AVENUE NE SECTION l: WHE , tJze czrrrent zoning classification of the proper~ry does not allow a single farrrily use as a permitted used; and 30 Planning & Zoning Commission Minutes Page 7 May 5, 2009 WHERE~LS, the historic use of the property has been single family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate. WHEREAS, rezoning the subject parcel from LB, Limited Business to R-2A, One and Two Family Residential provides the re-occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: 2009-0503 APPLICANT: Top Value Liquor LOCATION: 4950 Central Avenue REQUEST; Conditional Use Permit for LED Sign INTRODUCTION The City of Columbia Heights just recently approved a Zoning Amendment that requires a Conditional Use Permit (CUPj for all new digital LBD signs installed within the City. At this time Top value Liquor, a municipal liquor store, is requesting a CUP in order to comply with the City Code. COMPREHENSIVE PLAN The Comprehensive Plan designates this area far commercial development that includes goals for commercial and economic development. These goals include advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used for a new commercial redevelopment. ZONING O IN CE The property located at 4950 Central Avenue NE is zoned GB, General Business, as are the properties to the north, east and south. The properties to the west are zoned R-2A and R-2B, Qne and Two Family Residential, Digital LED signs are permitted as a Conditional Use in the GB, General Business District. 31 Planning & Zoning Commission Minutes Page 8 May 5, 2009 Top Value Liquor is requesting the proposed LED sign to be attached to the existing freestanding monument sign for the store. The LED portion of the sign will be 20 square feet, which is the maximum allowable by City Code. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. Sargent referred to the drawings included in the agenda packets of the proposed signage. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: 1. The use is one of the conditional uses listed for the zoning district in which the nronerty is Located. or is a substantially similar use as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high duality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used for a new commercial redevelopment. 2 Tl,o , rill „mot i a 1,.x~.xrrlo ~r l7iotaarl~inn i>,ffaao>,.~oo .~ ~l~l~~ri>,R v+r~rao+-ti.~o ..s. a aav u.i°v °vvaxa gave ampo:~a, xaur~uxu.s va ua,~auavaaa~ a:axauvaa+dc,~.s vaa iaei~,aavvaaaa~j p.ravNvae.av.s. The applicant will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a li~zziting disturbing influence on neighboring properties. Given the location of the proposed sign and its orientation to Central Avenue, staff feels that the use will not impose hazards on the neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at -1950 Central Avenue. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services, This is coy°r•ect. 32 Planning & Zoning Commission Minutes Page 9 May 5, 2009 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use of a digital LED sign at this location will not affect traffic. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. 9. The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMl«NDATION Staff recommends approval of the proposed CUP for a digital LED sign for the Top Value Liquor Store located at 4950 Central Avenue. Questions from the members: Schmitt asked why they are requesting an approval. for just one sign at this time. Aren't there plans to do this at the other locations} also? Sargent said that the Liquor Store is requesting a sign at this location only for the time being. Peterson had. concerns that the sign is too close to the corner and the intersection is already cluttered, especially when driving south on Central Ave. He questions whether it will take away from the aesthetics of the current sign, and if it will even be noticed. He thought it would have looked nicer if the sign would have been placed more in the center of the property, rather than so near the corner. He was concerned that adding a message board to the current sign may be detrimental to the safety of the traffic at that intersection. Szurek stated she also thought the area looked cluttered and that it should have been placed a little further south on the property. Sargent agreed these are all valid points, but the sign is already in place. He went on to say that the Liquor Store may have to adjust the size of the lettering that will be the most advantageous to them. And he reminded members that the message has to stay constant for 10 minutes at a time, so the impact on traffic safety should be minimal. Public 1-fearing opened: Cherilyn Davies from 5001 Jackson St stated that traffic has increased a Iot since the Liquor Store built at that site, and the new Sonic drive-in will cause it to increase even more. She is concerned that the intersection is so busy and so cluttered that it is becoming dangerous. She feels this type of signage will make it worse, These businesses were not located there when they purchased their home. 33 Planning & Zoning Commission Minutes Page 10 May 5, 2009 Fiorendino stated he understood her concerns, but there are restrictions in place that should help limit the impact. And he feels tike new sign regulations provide for more attractive signs than what has been used in the past. Schmitt agreed that Central Avenue is a busy street, but feels it is good that the businesses along there are doing well. It is a business street and it is the City's hope that they thrive. She said the sign would be similar to St. Anthony Liquor stores and that she thought it was a nice looking sign. Public Hearing Closed. Motion by Schmitt, seconded by Thompson, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a for a digital LED sign for the Top Value Liquor Store located at 4950 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, inclzrding: 1. The dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a s ign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-crud-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without crnv special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continzration in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to fi~eeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the displcw if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not conzplving with the standards of this ordinance. The dynamic LED signs may not exceed a maximum illumination of ~, 000 nits (candelas per square meter) during daylight hozrrs and a rnaximunz illuminatian of 500 nits (c°andelas per square meter) between dusk to dawn as measured from the sign 's. face at maximum brightness. The dynamic LED signs must have an automatic dirnrner control to produce a distinct illumination change from a higher illumination level to a lower level for the tune period between one-half hour before sunset and one half-hour° crfter° sunrise. 34 Planning & Zoning Commission Meeting Page 11 May 59 2009 Ayes: Thompson, Fiorendino, Szurek, and Schmitt Nay: Peterson (for safety reasons). MOTION PASSED. The following Resolution will go to the City Council May 11, 2009. DRAFT RESOLUTION N0.2009-XX RESOLUTION APPROVING A CONDITIONAL USE PERNIIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0503) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4950 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 5, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed. conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after raviauiina tha t~rnnncal that the Citci ('nnnril a~rPntc and arlnntc tha fnlln~uina finrlinac of the Planning <....,. ... .~, ....,, t.,..., p.. ~.. ,, ,, ...~~ ...... _, ..~ ._, d, »...... ......., e, t., .., .,., ..» .,.....mot.. e., ...., .d,.. e, ... .b .....,.... .b., .,. ..... .......... .n Commission: i . The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. 35 Planning & Zoning Commission Minutes Page I2 May 5, 2009 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been. completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more than fifty percent (SO%) of the actual capy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of~time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten ("1 U) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. ~. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. The dynamic LED signs may not exceed a maximurm illunzinatiorr of S, 000 nits (candelas per squrare meter} during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to !lawn as measured from. the sign's face at mryx~imu%m brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. CASE NUMBER: 2009-0504 APPLICANT: City of Columbia Heights LOCATION: K-Mart/Central Avenue TIF District REQI7EST: Approval of Conformity with the Comprehensive Plan AC GR The City of Columbia Heights is in the process of amending the current K-Mart /Central Avenue TIF District to include parcels located in the area commonly known as the Sheffield Neighborhood. By capturing future TIF money generated from the first phase of the Grand Central Lofts projects, the City would be able to make improvements to tl~e Sheffield Neighborhood, including acquisition, remodeling and demolition of existing properties. 36 Planning & Zoning Commission Minutes Page 13 May 5, 2009 The Public Hearing to approve the expansion of the TIF District is set for May 11, 2009. Prior to this Public Hearing, Minnesota State Statutes and TIF law requires an approved Resolution from the Planning Commission ensuring that the Land use resulting from the expansion of the TIF district conforms with the City's Comprehensive Plan. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Medium Density Residential, in which single-family homes are permitted. The expansion of the TIF district would result in the creation of new single-family homes. For this reason, the proposed expansion would be consistent with the City's Comprehensive Plan. RECOMMENDATION Staff recommends the Planning Commission approve Resolution 2009-PZ06. Vuestions from members: Peterson asked why two parcels are excluded on the map provided. Sargent said they are part of a different TIF District, and therefore, cannot be included in this one. Schmitt asked several questions regarding the timeframe of the district and how the money was supposed to be used when it was first established. Sargent told her to attend the Public Hearing on May 11, 2009, to get specific details of the District from staff who are better equipped to answer these types of questions. He pointed out that the timeframe is not being changed, by approving this modification. It is simply adding a geographic area to the district so that monies generated can be used to buy up some of the properties in the Sheffield area for demolition, so in the future, construction of single family homes could happen. Any new homes built in the area would generate higher taxes because they would have higher values, and thus would contribute back to the tax base of the city. It is staff's hope that by revitalizing the Sheffield area, it will, in turn, revitalize the remainder of the development at the Kmart site. Gary Peterson said that monies derived fram Phase 1 of the Kmart site redevelopment would generate about $930,000 to be used in this area if the area of the Dis±rict is modified. Fiorendino asked. whether the commercial properties along Central Avenue would be included. Sargent said they wouldn't be at this time. Staff is looking at buying up residential properties as they become available, and because the cost of commercial property is higher, it is cost prohibitive to go after theirs. The City wants to get as many properties as possible with the money available. Thompson said as long as the zoning isn't changing, and the timeframe of the District isn't changing, he supports expanding the area of the district so that positive steps can be taken in that neighborhood. Public Hearing Opened. No one was present to speak on this. Public Hearing Closed. 37 Planning & Zoning Commission Minutes Page 14 May 5, 2009 Motion by Fiorendino, seconded by Thompson to waive the reading of Resolution 2009-PZ06 as there are ample copies available to the Public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Thompson, that the Planning Commission approves Resolution 2009- PZ06, finding that a modification to the downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project, and a modification to the Tax Increment Financing plan for the K- Mart/Central Avenue Tax Increment Financing District conforms to the general plans for the development and redevelopment of the City. All Ayes. MOTION PASSED. PLANNING COMMISSION CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION 2009-PZ06 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS PLANNING COMIVIISSION FINDING THAT A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City of Columbia Heights, Minnesota, (the "City") has proposed to adopt a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Dl.,,, AA~.~I;f,~~t;.,,,"l o,,.l ~ A~(~,~l;f~.at;.,,, r~, tho Tom., i,,..>•o,,,o„t R;..~„~;,,n Dl.,,, ~ « tho Y AAA,-r/(~'o„+v.,1 A.,a,,,,o Tom.. a auae avavuaaavuiavca ~ uasu a avavuaaavua.a..rae av ce aa.. aun aaat.a vaaas.a ac. s aaauaac.. aaa~ a auaa ava caaa: a~-avaua ca s~.e.a aca ua c-a.rc„eauc. aun Increment Financing District (the "TIF Plan Modification") therefore (the Revitalization Plan Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications") and has submitted the Modifications t0 the City Plamimg CG1nmISSion (tile "CGInmISSIGii") pUrSUalit t0 MlnlieSota .citatUteS, .cicctton 469.1 75, SUbd. ~, and WHEREAS, the Commission has reviewed the Modifications to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Modifications conform to the general plans for the development and redevelopment of the City as a whale. Dated: May 5, 2009 CHAIR, Marlaine Szurek ATTEST: SECRETARY', Shelley 1-Janson 38 Planning & Zoning Commission Minutes Page 15 May 5, 2009 NEW BUSINESS None at this time. OTHER BUSINESS Schmitt asked about the outdoor storage at Frattalone's Ace Hardware. Sargent told members he had already sent them a letter regarding this. He informed them that they will need to apply for a Conditional Use Permit for outdoor sales and displays. If approved, the CUP goes to the property so it is a permanent approval.. Therefore, any restrictions will have to be made at the time of the CUP approval process. Peterson asked why the time and temperature sign has been discontinued at the NE Bank Building. He has heard complaints from several people in town. Sargent said that when the new Ordinance was passed, any businesses having these types of signs were sent letters telling them they would have to comply with the new regulations. About the same time, new owners purchased the building and decided they didn't want the sign to be used any longer. The other two businesses have also taken action to comply. Financial One's sign used to scroll messages and now just displays the time and temperature. Jeff, Bobby & Steve's have shut down their sign for now. The meeting was adjourned at 7:50 pm. Respectfully submitted, Che]ley Hanson Secretary 39 ~--~- ~ Approved r ~'~.... 5/6/2009 ~~i \\ ~~' COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES Apri17, 2009 The meeting was called to order by Acting Chair Patricia Sowada, at 7:04 p.m. Members present were; 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 March 3, 2009 Board meeting were approved as mailed. The bill list dated 3/23/09 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 4/13/09 was reviewed. It was moved, seconded and passed that the bills be paid. It was moved, seconded and passed to consider the bill list dated 4/13/09A from the floor. The bill list dated. 4/13/09A was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 4/7/09 was reviewed. Old Business: 1. The Library Board viewed the two titles donated in honor of Isabelle U. Trettel, mother of Board Member Sowada. The Board appreciated the book plates. 2. The Board reviewed the revised 2009 budget. Changes to Maintenance of Effort are still in t11e Legislature, and more changes are expected to Local Government Aid. The Library is being careful with expenditures, as more cuts may need to be made. 3. The 2009 Anoka County Library budget impact was discussed. Long-term reductions have been made. 4. The new rug for the Children's Department will be delivered and the old rug removed on April 8, 2009. 5. The paperwork for the Gates Grant was executed by Loader and foraner Chair Bai°bara Miller. The application has been submitted and Loader is preparing for the next step in the grant process. 6. The Board discussed possible candidates for the vacant Board seat. Board members will call individuals to request submission of an application. 7. Permanent staff is submitting dates for furlough and vacation time, and a schedule will be created.. The Board received the weekly green sheet noting observations made by staff in the first month of reduced hours. New Business: 1. The State and City annual reports have been submitted. The Board discussed accomplishments and strengths of the 80"' anniversary year, 2008. 2. The Board reviewed the By-Laws of the Board of Trustees. It was moved, seconded and passed that tale regular meeting be changed from the first Tuesday of the month at 7:00 p.m. to the first Wednesday of the month at 6:30 p.m. 40 It was moved, seconded and passed to change the warding of the Members section of the By-Laws to "The Board shall consist of six members: five appointed by the Columbia Heights City Council and one City Council Member as a liaison. Members shall be residents of Columbia Heights and shall serve three-year terms." 3. The Board appreciated receiving the Star Tribune article on budget cuts. 4. The Board reviewed the thank you letter sent to the Columbia Heights Lions Club, and noted how the Lions Club has been generous in giving the Library copies of its published works. 5. The crossover statistics for February were reviewed. Items from the Floor: 1. The Board was notified that former Chair Barbara Miller will receive an award. for her service at the April 13, 2009, City Council meeting 2. The Board read copies of letters concerning reduction of Library public service hours sent to City Council members by the principal and students of Immaculate Conception School. There being no further business, the meeting was adjourned at 8:04 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 41 COLUMBIA IIEIGHTS -CITY COUNCIL LETTER Meeting of: May 11, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Better Business Bureau BY: Administration BY: ~ NO: DATE: May 6, 2009 DATE: ~~-~~ ~~ Background: In September of 2008 the Mayor and City Manager visited the Better Business Bureau (BBB) at the request of Sal DiLeo, Regional Membership Executive. Mr. DiLeo proposed a community resource partnership between the City of Columbia Heights and the BBB. On May 4, 2009 Mr. DiLeo attended the City Council work session to describe and answer questions regarding the City of Columbia Heights joining the BBB for the term of one year. Discussion included the benefits to our liquor store enterprise fund and senior outreach and youth programs, in addition to interaction with community businesses. There was a strong feeling that membership in the BBB could replace some of the things that were previoiusly done by the local Chamber of Commerce. Recommended Motion: MOTION: Move to approve a one year membership with the Better Business Bureau, with $400 being contributed by the Columbia Heights Activity Fund and $400 from the City Liquor Fund, and authorize the City Manager to enter into an agreement for the same. COUNCIL ACTION: 42 CI'T'Y COUl`1CTL LE"T"TER Meeting of Mav 11, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE ~ APPROVAL: ITEM: Request Approval for Landing of State Patrol BY: Scott Nadeau BY: Cr'" Helicopter at Safety Camp in Huset Park on DATE: April 24, 2009 DATE: r , -{,~'(_ June I I, 2009 NO. BACKGROUND In conjunction with the Recreation Department's Summer Safety Camp scheduled for June 1 1, 2009, Officer Terry Nightingale is requesting to have the Minnesota State Patrol helicopter land in Huset Park as part of the day's activities, The State Patrol helicopter's crew will present a program on traffic safety to the Safety Camp attendees, as well as information about the helicopter and air safety. It is anticipated that the State Patrol helicopter landing would occur at approximately 2:00 PM. Anoka County Dispatch will be informed of the helicopter landing, and scene security will be provided by the Columbia Heights Police Department. The Fire Department will provide support incase of an emergency. RECOMMENDED MOTION Move to approve the landing and take-off of a Mizaza.esota State Patrol helicopter as part of the Suznzner Safety Camp on June I I, 2009 at approximately 2:00 PM at Huset Parlc. kao COUNCIL ACTION: 43 CITY CClUNCIL LETTER Meeting of: 5/1 1/09 AGENDA SECTION: CONSENT AGENDA NO: ITEM: BOBBY & STEVE'S AUTO WORLD YOUTH. FOUNDATION PLAYGROUND FUNDRAISER ORIGINATING DEPARTMENT: I CITY MANAGER RECREATION BY: K. Windschitl BY: ~~~" DATE: 5/6/09 DATE:rj ^~ Q`~ At the Park & Recreation Commission meeting on July 23, 2008 Bobby & Steve's Auto World Youth Foundation proposed a donation to purchase playground equipment for a City Park. The Park & Recreation recommended Huset Park West as the old playground equipment was removed in 2004. Staff prepared a playground layout that would be located next to the new picnic shelter on the West side of the park. The attached plan has an estimated total cost of $85,000. $50,000 would be for playground equipment and $35,000 for site preparation. Bobby & Steve's Youth Foundation also approached the ISD #] 3 with a similar proposal that would fund improvements for Castle Heights Playground, which is in need of repair. With both organizations involved it was determined that additional funding would be needed to complete both projects. Bobby & Steve's Youth Foundation, ISD #13 and the City of Columbia Heights decided to hold a joint fundraising event called "One Community Rising to New Heights." This two-day event would take place on Friday and Saturday, June 19 & 20, 2009. The first event would be a "Welcome to Hollywood" dinner, dance and raffle at John P. Murzyn Hall on Friday, June 19 from 4:00 p.m. to 1.:00 a.m. This event would include a Columbia Heights Lion's Club bar. Saturday, June 20 would be an event held in Huset Park including food, music, car show and a variety of entertainment for youth and adults from 11:00 a.m. to 10:00 p.m. This event would also include a Columbia Heights Lion's Club beer tent. Attached is the informational flyer for both days and layout/map for Saturday. Proceeds from these events would help fund both projects. Due to the fact that this fundraiser involves outdoor music, staff would notify surrounding residents of the event on Saturday, June 20. Bobby & Steve's Youth Foundation has indicated they would pay for extra security and Public Works staff that may be required to conduct the events. Our City goal is to fully support the generous donation of $50,000 for the Huset Park Playground equipment from Bobby & Steve's Auto World Youth Foundation. 1tiiOTlO*~: Move t0 ai[thoriZe B©bby cDx. Ste've'S Auto vt/('irld Youtli Foundation to hold fnndr87smg eVentS wiill rental fees waived on Friday, June 19, 2009 at John P. Murzyn Hall and Saturday, June 20, 2009 in Huset Park. KW:ds COITNCIL. ACTION: 44 ~ , ~ ~ ~~ _ ~. 1 ~IOin the Team (Coupons ~ Contact Us ~ Youth Foundation ~I~=s 4 s t ~t Vision Bobby & Steve's Auto World Youth Foundation envisions a local community where young people have the opportunity to achieve their full potenkial and face their future with power and confidence. Mission Bobby & Steve's Auto World Youth Foundation encourages our youth to live lives that are healthy, productive, and informed, while taking a positive outlook as an engaged citizen. Values Bobby & Steve's Auto World Youth Foundation is a private non-profit tax exempt 501C3. The foundation was established February 2, 2007 by the owners of Sobby & S#eve's Auto World. The specific purpose of the corporation is to guide total youth into actions and activities that will offer positive outcome in their lives, as welt as for thane they are connected with a hcme,schocl or ctherwise. AbOUt Us The goal of Bobby & Steve's Auto World Youth Foundation is to encourage youth to "Become the best that they can be". Successful candidates will show self-reiiance,exemplary character relating to achieving goals, display great determination, and strive for excellence. Being financially challenged is also a requirement. The recipient is chosen by a committee that thoroughly reviews each applicant. The committee gives consideration to each individual youth as well as to other foundation that are supporting youth activities. Funding for the Bobby ~ Steve's Auto lNorid Youth Foundation is a collective effort of the Bobby & Steve's Auto World that are unanimously committed to meeting the needs of our 9ocai youth. In addition to being able to make donations at ail locations and online there are two major fundraisers ayear -the Annual Golf and Silent Auction, and the ice Fishing Contest. Information on both events can be found on the website. 45 May 6, 2009 Dear Community Leaders, One Community project is headed by a cofilective group of business owners, community leaders, school officials and residents of Columbia Heights. This group has come together for a common cause "to strengthen our you#h of tomorrow by energizing their minds, bodies and souls through play." The opportunity that we have been given is to build two playgrounds .n our city. One in Huset Park and to restore the other the well-known Castle Height playground. Our #irst day of pride will take place on June 19t", 2009 with a dinner, dance, raffle and a live auction at Murzyn Hall from 4:OOPM until 10:OOPM. Guest host for the evening will be John Hines of WCCO radio. On Saturday June 20t''there will be all-day events in Huset Park- at 11:OOam until 10:OOpm. Many musical varieties will play through the day such as Columbia Height's City Knights Band, Salsa Del Sol, The Resistors, The Abbott Blues Sand, Sherwin Linton and others. The children's corner is sponsored by Coca-Cola with a full play area of horseback riding, animals from the Minnesota Zoo, dunk tank, face painting, The Teddy Bear Band and much more. Food vendors for this event are Holy Land, Tasty Pizza, Bobby & Steve's Auto World Chevy Grill, n~_._...~_ ne___:_ r._:II t1.._1_ 1`1_1 n_1 1nt_r__ ['+___I_:._ nI____ _.__1 Pl..rr_1_ tA!`t_l Rn1:___ ~airaa~ ~..'ass~~ vrin, ru~rta u~i ov', vv~ tc ~rrcvrciti tvvw, aria ruEEaiU vv~tca vvir~c~s. For car enthusiasts a car show like you've never seen before-- 12:00 pm to 5: pm vVe are all very excited about this project and hope that you will join us and support the One Community Playground project. Sincerely, Bobby & S#eve's Auto World Youth Founda#ion 4s 40TH AVE N z 0 w LL LL_ w SKATING RINK PETTING ZOO ~ f DUNK TANK 1JIFACE PAINTING COKE GAMES GATE F~ ry o e PARKING lOT CAR SHOW ~,)' ~"(. )`_~ I scale ~= ~~~~~ ~-} ~ `1~ ~-I ~ I I`-%I ' ^~ NORIZGN TAL 1'=100 P : ~Ai N0.1n'ARO ~- (YERi1CAl HvSEI PARK FEBRUARY - 1995 4GTH AVE PICNIC AREa GATTi ? PARKING GATE _ ~~ .. BASKETBALL STAGE/BAND . ~~ FOOD VENDORS BEER ~'-t s,vio Lor GENERATOR PLAY EOUIP. PICRIC AREA 39TH AVE CITY CAF COLUMLIA HEIGHTS v~i } v z a i SCAI- LAL o I'_~oo' MUSET PARK-I Yfi it of Columbia Heights, Minnesota t ~ ~-~ ... w, ;, ' T / I r, - - .off ~ ~~ ` i ~a,,~ . ~i A ~t ` ~ ~~ f ~ ~ ~ ~ ~~ t~a~~. ~' ~ / ~~ ~ J ~ r ;~ e ~~ °" p~ / 4 ;~ _ ;_ ~„ ,, ,, ~~, Paol Improvements Temporary pool improvements to include re- '. ~ , }, ,fin .-' fencing and possible new concrete patio around ,,; - the pool to keep seating within the poo/space ~ ~~ . a ~ y . ~ r _ -- ~ =_ - Picnic Shelter --~ "_:~!: ` ! 48' - 50' diameter shelter on concrete pad in `~ ~'` t ~ close relation to the playground, as well as - ,~~' ~ the bocce ball area and pool ~'~`~ ~ ~~~~ ~~~~ ~ Playground Area ~"r .N~ Playground with separate container for swings, ,, ~, ~ sand digger area and separate play systems for - ~~ a pre-school and elementary age groups ®""' Bacce Ball Gourts `' ~ Temporary r-e-location of bocce ball courts that YF.~ could be replaced in the future over the pool ,r location L\NI~ L\I PI iNN N , qNN DISI[.N i~dt % E.c¢ia:or BNC . G::pa Gne Houkina, IAN 55543 +n\\v Liaue:.lltl com ~~ ~, , r _K_.........__._.~.,.__._...._...._ :,..~:.___. ~ __..__..___.__....__.._.___......... . _... ~ Y [ 39TH AVEN „ .n. ~; _ ~ _ October 10th, 2008 CITY COUNCIL LETTER Meeting of: 5/11/09 AGENDA SECTION: CONSENT AGENDA ORIGINATII~tG DEPARTNT• NO: PUBLIC V4VORI{S • ITEM: ADOPT RESOLUTION N0.2009-49, BEING A BY: K. Hansen RESOLUTION ACCEPTING BIDS AND AWARDING THE DATE: 5/5/09 2009 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 0900 CITY MANAGER BY: ~'~ DATE: S ,--~-(~( Background: On March 9, 2009 City Council authorized staff to seek bids for the Annual Miscellaneous Concrete Repair Program to replace/install concrete throughout the City. Plans and specifications were advertised far bids in the Focus on April 9, 2009 and Construction Bulletin on April 6 and April 13, 2009. Six contractors requested copies of the bidding documents. Three bids were received and publicly read aloud. at the April 23, 2009 bid opening. A copy of the bid opening minutes is attached. r! n ~lrrgielE":nnrl ee ee~nns; The low bid was submitted by Ron Kassa Construction, Inc. of Elko, Minnesota, in the amount of $82,117.50. The unit prices are consistent with the Engineer's Estimate and increased less than 3% over the 2008 program unit prices. Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include structures such as curb and gutter, sidewalk and street panels. The concrete replacement is budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of damaged concrete caused by water main breaks or paid for with funds generated by projects such as special assessments for curb and gutter replacement in seal coat areas. The bid also included. new sidewalk on the north side of 41St Avenue from Central Avenue to the alley east of Quincy Street, matching the sidewalk construction on Central Avenue, at a bid of $39,61.6.00. Based on the bids, staff is not recommending the work and that this portion be deleted from the Miscellaneous Concrete project. Recommended Motion: Move to waive the reading of Resolution No. 2009-49, there being ample copies available to the public. COUNCIL ACTION: 49 CITY COUNCIL LETTER Meeting of: 5/11/09 AGENDA SECTION: CONSENT AGENDA NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: ADOPT RESOLUTION NO. 2009-49, BEING A BY: K. Hansen RESOLUTION ACCEPTING BIDS AND AWARDING THE DATE: 5/5/09 2009 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 0900 BY: ~`" ~` - Recommended Motion: Move to adopt Resolution No. 2009-49 being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, to Ron Kassa Construction, Inc., based upon their low, qualified, responsible bid in the amount of $42,501.50 with funds to be appropriated from Fund 401-50900-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Attachment: Bid Opening Minutes Resolution COUNCIL. ACTION: 50 CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, April 23, 2009 2009 Miscellaneous Concrete Repairs and Installation City Project No. 0900 Pursuant to an advertisement for bids for Miscellaneous Concrete Repair and Installation, an administrative meeting was held on April 23, 2009 at 9:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kathy Young, Assistant City Engineer Jim Molinaro, Engineering Technician Jule VYGIG Ut/CIlGU 71IIl~l IG2{ll QIV ~IU Rj 1VIlV i'Y3• Bidder Bailey Construction Create Constructions, LLC Ron Kassa Contraction, Inc. TOTAL $ 95,277.50* $103,946.00 $ 82,117.50 * Corrected Respectfully submitted, Kathy Young Assistant City Engineer 51 RESOLUTION NO. 2009-49 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2009 MISCELLAlrTEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 0900 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0900, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contruction, Inc. $ 82,117.50 Bailey Construction $ 95,277.50 Create Constructions, LLC $103,946.00 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`h St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, for a bid amount of $42,501.50 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 0900 shall be funded with State Aid Maintenance Fund, General Fund, D,...1, ~..,..,T C~..,.,,+ ~,,...,T C ......... ......~1 SI7..~,... L'..«.,] ,.,.,T DTD F,,.-.,~1~ Y Qdh d U11U, ~7lF Gl:l 1 UddU, i.74: WLt C1YYU YY Glt4.Y d UtfU RYYU. A At\ AUFIUJ. Dated this 11`h day of May 2009. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 52 CITY COUNCIL LETTER Meeting o£ 5/11/09 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER N®: PUBLIC WORKS (~ ITEM: GATEWAY PEDESTRIAN BRIDGE SLOPING BY: K Hansen BY: ~/ STUDY DATE: S/7/09 DATE: ~--~--(1~ Background: Over the last several years, the City has sought funding to replace the pedestrian bridge over TH 65 on 49tH Avenue. Funding application has included Federal and State sources and most recently the Federal Stimulus Program. The bridge provides a key link over a high traffic route (30,000 vehicle per day), to destination including schools, parks and. retail sites. To improve the City's position for future funding applications, the council authorized the completion of a Project Memorandum and a scoping study/site layout of a new bridge. The scoping study/site layout would involve concept layout to develop option for the approaches and a bridge type. Determining the bridge approaches will also allow the City to determine and establish ROW needs. Analysis/Conclusions: The City of Columbia Heights has received funding for the Pedestrian totaling $3,000,000 through Federal Funds. The source of the funds is $475,000 of earmarks that will authorize in July of 2009, and $2,520,000 through the Federal Stimulus or ARRA Funds, which should be authorized in June. Concept layouts have been prepared that detail the necessary permanent and temporary Right-of--Way (ROW) that will be required on the east side of the bridge. Staff is currently working with MnDOT to shift the bridge to the east, 4-6 feet, to eliminate permanent ROW needs on the west side of the bridge in HilPtop. Temporary easements to facilitate construction will be needed on both sides of the bridge. The scooping study detailed critical bridge elements at a concept level for evaluation. These included: • Bridge type options: 1. Steel Truss 7 Ctaal (;irrlar with ("nnrrata Tlarlr 3. Pre-Stressed Concrete Girder with Concrete Deck 4. Pre-Stressed Concrete Girder with Inset Concrete Deck + Bridge approaches: (east and west side) 1. Switchback option 2. Spiral option • Bridge Aesthetics • Bridge concepts for each type COUNCIL ACTION: 53 CITY COUNCIL LETTER Meeting of: 5/I I/09 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS yy ITEM: GATEWAY PEDESTRIAN BRIDGE SLOPING BY: K Hansen BY: W~"L.- STUDY DATE: 5/7/09 DATE: / ~~ ~D ~' • Bridge cost estimates The study also provides concept level drawings to further evaluate bridge types and aesthetic treatments. Next steps will involve: ^ ROVV /Appraisals (150 - 180 days, Federal process) ^ Engineer Selection: QBS Process Requirements (following Federal appropriation: mid July, ~90 day design) ^ Public Involvement ^ Selection of Approach Types o Selection of Bridge Type ^ Selection of Aesthetic Treatments ^ Final Design ^ MnDOT Submittals /Approvals (by November 13t", 2009) ^ Public Bidding: Jan/Feb 2010 ^ Construction: Summer 2010 Recommended Ml~ti®n: Move to accept the Gateway Pedestrian Bridge Engineering Scoping Study dated May 2009 prepared by the consulting firm of Bonestroo. KH:kh Attachments}: Scoping Study COUNCIL ACTION: 54 City of Columbia Heights Gateway Pedestrian Bridge scoping Report May 2009 Introduction Central Avenue serves as the primary transportation corridor linking the City of Minneapolis to the northern suburbs. The corridor is characterized by strip commercial developments, high traffic volumes, and extensive public transportation. The intersection of 49th and Central Avenues serves as a gateway to the northern portion of the corridor, where big-box commercial land use transforms into neighborhood commercial and residential development. The intersection also plays a critical role in pedestrian and bicycle circulation within the larger context of the City, as 49th Avenue is designated as a primary City loop trail that connects the eastern and western portions of Columbia Heights to Central Avenue. Need for Study The Gateway pedestrian bridge located just south of the Central Avenue and 49`r' Avenue intersection and provides a psychological "safe" crossing of this busy and congested roadway for citizens of the community. The existing pedestrian bridge is deteriorating due to many years of service. The existing bridge was constructed in 1970 and consists of a concrete deck supported by steel beams. The concrete steps require ongoing maintenance to repair chipping and erosion. At times, the bridge is not accessible in the winter due to ice and snow pack. The bridge steps include a steel "rail" to accommodate a rolling bicycle, but it can be difficult to maneuver bikes within the rail. Pedestrians with limited mobility must cross TH 65 one block north, at 50"' Avenue, where an at- grade crossing is located. Bridge Users The 49th and Central Avenue intersection serves to provide a safe and direct access to: 1. Nearby schools (Columbia Heights High School, Highland Elementary School, Central Middle School and Valley View Elementary School) 2. Convenient shopping along Central Avenue 3. Neighborhood and community parks 4. Public transportation 5. Adjacent residential neighborhoods The bridge is on the alignment of a proposed city bike and pedestrain loop identified in a report prepared by the City in 1998 in response to a recommendation by the Minnesota Design Team. study ObeCtiV@S The purpose of this study is to perform conceptual analyses of the bridge type, end treatment types and aesthetic features. The results of our analyses were presented to the City at a workshop on April 13, 2009. Graphics presented at the City Council workshop are referenced throughout this report. 56 Bridge Type Analysis Existing Bridge Condition Reconstruction of the existing bridge was considered; however, this option was determined not to be feasible. Reuse of the steel beams is not economically feasible due to the deterioration of the steel beams in combination with the labor intensive work (and therefore costly) that would be required to separate the deck concrete from the shear studs attached to the top flange of the steel beams. Also, the paint on the bridge contains lead, further increasing the costs associated with bridge reconstruction. Reuse of the concrete substructures was also considered. In considering their reuse, the condition of the substructures as well as the configuration and geometry of a new bridge must be considered. A wider walkway deck on the pedestrian bridge is preferred for both accessibility and maintenance. Also, intersection improvements consisting of widening the street and/or improving the signal lights are possible, therefore it is beneficial for the bridge to be moved a short distance from its current location to accommodate either intersection improvements or ADA compliant approaches to the bridge. Lastly, Mn/DOT prefers a single span structure over a State Trunk Highway like Central Avenue (TH 65). The existing dual span bridge creates a safety hazard by placing a column in the roadway median. The bridge inspection report is included in Appendix A of this report. Bridge Type Options We initially considered 4 types of structures for use in construction of a new pedestrian bridge. A. Steel Truss B. Steel Girder with Concrete Deck C. Pre-Stressed Concrete Girder with Concrete Deck D. Pre-Stressed Concrete Girder with Inset Concrete Deck The Steel Girder with Concrete Deck and Pre-Stressed Concrete Girder with Concrete Deck options were eliminated due to the structure depth. The increased depth associated with these options creates a need for longer bridge approaches to reach the higher deck elevations. Due to the confined area at this location, these options were eliminated. The remaining options include a Steel Truss and Pre-Stressed Concrete Girder with Inset Concrete Deck. The following characteristics were considered for these options: A. Steel Truss 1. Reduced weight of structure =reduced foundation casts 2. Minimized impacts to traffic during construction 3. Shortened construction time =cost savings 4. Factory manufactured under controlled conditions 5. Structure costs are approximately $350,00 to $450,000 B. Pre- Stressed Concrete Girder with Inset Concrete Deck 1. Minimizes structure depth 2. Simplistic appearance and clean horizontal lines 3. Structure costs are approximately $375,00 to $475,000 Cross sections of the bridge type alternatives considered are included in Appendix B of this report. 57 Bridge Approaches General Considerations A key project component is to make the bridge compliant with current ADA requirements. In considering various approach ramp alternatives, ramp lengths were determined based upon ADA requirements. Maximum grades of 8.33% were considered, along with intermediate platforms after 2.5 feet of rise. We also considered a bridge deck elevation of 20 feet above the existing ground to meet a required height of 17' - 4" from the low member of the bridge to the surface of Central Avenue. Anoka County has previously indicated that an additional 27 feet of Right-of-Way will be required along 49th Avenue for future roadway improvements. In locating the ramps, the structural components were placed outside of the future County Right-of-Way. Anoka County and Mn/DOT clear zones (obstacle free areas) and intersection sight lines were also considered when analyzing approach options. West Side Approach The options considered for the west side of Central Avenue were limited due to the configuration of an existing business located in the southwest quadrant of Central Avenue and 49th Avenue. A switch-back, parallel to Central Avenue, was selected for the west approach. East Side Approach Three ramp options were considered for the east side of Central Avenue. The options, along with some considerations, are as follows: A, Spiral Option 1. Impacts current parking use. 2. Least number of support columns. B. Parallel to Central Avenue Option 1. No parking lot impacts. 2. Least obstructions for 49th Avenue traffic. 3. Least permanent easement area required. C. Parallel to 49tf' Avenue Option 1. No parking lot impacts. 2. Greatest permanent easement area required. Early aooroach contents are included in Annendix C_ Mnre detailed nntinns are inrli ~ded in Appendix D. Bridge Aesthetic The Gateway pedestrian bridge provides an opportunity to welcome motorists to the City of Columbia Heights. In considering potential aesthetic options and features, the following objectives were utilized to create several concepts for review by the City: 1. Create a gateway element welcoming people to the City 2. Create a look unique to Columbia Heights. 3. Utilize a palette of materials that have been incorporated in other City projects, such as Huset Park, to reinforce overall civic identity. 4. Establish a level of quality consistent with the urban design guidelines for the Central Avenue corridor. 5, Utilize low-maintenance materials in a creative and aesthetically pleasing manner. 58 Information related to the aesthetic design objectives is included in Appendix E of this report. Design examples are contained in Appendix F of this report. Sketches and colored renderings were prepared and reviewed with the City Council at a workshop on April 13, 2009. The concepts, and key elements of each, are described below: Bridge Concept Al This concept consists of a bowstring steel truss. The structural design of the truss creates an arch, welcoming motorists to the City. The city logo is placed in the center of the arch, and the piers are simple square forms with a large limestone colored block. The railings and the body of the pedestrian walk would be combinations of galvanized architectural screens with steel pickets for the railings. The lighting could consist of low level walkway lighting for pedestrian safety; with accent lighting to highlight the arch and the logo. Bridge Concept A2 Similar to Concept Al, this concept utilizes a bowstring steel truss, with the structural design of the creating an arch, welcoming motorists to the City. In this variation, the City name is spelled out on the arch. The piers are simple square forms with a random ashlar limestone finish. The railings and the body of the pedestrian walk would be combinations of galvanized architectural screens. This concept else suggests a color be added to the structural supports through the waiicway. As with Concept Ai, the lighting could consist of low level walkway lighting for pedestrian safety; with accent lighting to highlight the arch and the City name. Bridge Concept Cl Bridge Concept Ci utilizes a concrete girder and steel structure. This combination presents an elegantly simple rectilinear form. The center and ends of the structure are emphasized to create a focal point, break up the mass of the structure, and to frame the street. The body of the pedestrian walk is enclosed with a combination of black steel or galvanized primary supports and galvanized architectural screens. A welcoming arch is defined through overlapping architectural screens with varying densities. The city logo is placed in the center of the arch and the piers are simple tapered forms with a limestone colored block texture. The structural beam is painted burgundy to be consistent with the color of other civic improvements. The lighting could consist of low level walkway lighting for pedestrian safety; with accent lighting to highlight the vertical supports and city logo. Bridge Concept C2 Concept C2 is similar in basic style to Concept C1 with respect to structure and walkway type. In Concept C2, the City name is spelled out with backlit black lettering. The piers are simple tapered forms with a limestone block texture. The courses of block alternate in width. The structural beam is painted buff to be consistent with the color of the piers and to provide contrast for the lettering to read. As with Concept Ci, the lighting could consist of low level walkway lighting for pedestrian safety; with accent lighting to highlight the vertical supports and lettering. Bridge Aesthetic options are included in Appendix G. Project Costs Project costs were estimated based. on the concepts reviewed. Because the final selection of bridge type, bridge approach alternatives and aesthetic features have not been finalized, cost approximations based on the alternatives is provided. 4 59 General Costs Costs associated with bridge and stairway removal, street work associated with Central Avenue, sidewalk relocation and restoration will remain somewhat consistent regardless of the final options selected. Our preliminary estimates are that these costs will be approximately $225,000. Bridge Costs The bridge types considered are steel truss and concrete girder. The costs for these options are very similar. The bride cost is estimated at $450,000. Aesthetic Treatment Costs Based upon our understanding of the City's goals for this structure, we have estimated the aesthetic treatment costs between $100,000 and $150,000. The actual costs will be dependant upon the type of structure selected, amenities at the support columns, and other features that the City elects to incorporate into the design. Bridge Approach Costs Two types of bridge approaches are being considered by the City. The switch-back option is estimated to cost $850,000 to construct. The spiral option is more complex, and is estimated to cost $950,000. Right-of=way Costs Right-of-Way, or permanent easement, will be required to construct the approach on the east side of Central Avenue. Temporary easements will be required to construct the approaches on both sides of Central Avenue. Land costs were estimated utilizing a cost of approximately $16 per square foot for permanent easements and $2 per square foot for temporary easements. Costs associated with the switchback option on the east side of Central Avenue are estimated at $95,000. Costs associated with the spiral option on the east side of Central Avenue are estimated at $140,000. These costs do not consider issues such as damages that could present themselves during the appraisal process. Other Costs In addition to the costs described above, the City will also incur costs associated with design, construction administration, land acquisition and other related activities associated with final project delivery. These costs have previously been estimated by the City at $625,000. Summary of Costs Based on the costs presented above, the City can expect to incur costs in the range of $3,200,000 to $3,400,000 for the structure. Next Steps The project is scheduled to receive American Recovery and Reinvestment Act funding. This is federal funding with specified timing associated with project delivery. Mn/DOT has indicated that the project right-of-way be secured, construction plans approved and the project environmental document be approved by November 12, 2009. In order to continue moving the project forward, some decisions will be required from the City. The type of bridge, type(s) of bridge approaches and level of aesthetic treatment will need to be determined in the upcoming months. Additionally, the right-of=way acquisition process will also need to be initiated to meet the timeframe specified. sa Appendix Appendix A Bridge Inspection Report Appendix B Bridge Cross Section Alternatives Appendix C Preliminary Bridge Approach Concepts Appendix D Detailed Bridge Approach Concepts Appendix E Aesthetic Design Objectives Appelldlx r Des~gi~ Examples Appendix G Gateway Bridge Concepts 61 Appendix A Bridge Inspection Report 62 er To: Kevin Kielb Project: Pedestrian Overpass TH 65, Date: 3/11/09 Bridge No. 02021 From: Ron Benson Client: City of Columbia Heights Re: Existing Bridge Inspection and Recommendations for File No: 000332-09132 Reuse of Structural Elements Project Task: Conduct a site review to evaluate existing conditions and provide comments on potential for reuse of any part of the structure. Inspection Date: March 6, 2009 Inspector: Ronald Benson, P.E. - Mn/DOT Certified Bridge Safety Inspector, Team Leader and Program Manager. ii~Spe'Vtiri~i ~indiP~y~: Refer to the inspection photos attached to this memo along with reading the condition descriptions below. Inspection Procedure: Mn/DOT performs a routine safety inspection on this bridge each year. The purpose of this inspection was to conduct a general field review of the major structural elements and judge the feasibility of reuse. Most structural elements were viewed from arms length distance. The underside of the main span was viewed from the ground. Testing, chain drag, soundings, etc. were not performed. Concrete Deck - It is evident substantial amounts of de-icing chemicals are applied to the top surface of the concrete bridge deck.. This is causing deterioration of the steel reinforcing in the concrete deck as well as contamination and deterioration of the concrete itself. Damage is most notable on the underside of the deck where concrete spells are beginning to appear, and reinforcement is rusting and concrete delaminations are occurring at the many transverse deck cracks that have developed. If the bridge is not replaced in the near future, repairs to, or replacement of the deck would become necessary to avoid concrete spells falling on the sidewalk or roadway below the bridge. Steel Girders -The steel girders supporting the bridge deck have surface rust and paint failure bath from the de-icing chemicals applied to the bridge deck and road spray from the street below. Minor section loss of the steel beams is probably occurring on the beam top flanges in localized areas. Reuse of the steel beams does not appear economically feasible due to the deterioration of the steel beams and labor required to separate the deck concrete from the shear studs attached to the top flange of the beams. If the paint contains lead, costs would be further increased to remave and dispose of this regulated material. I:\332\33209132\Communications~Correspondence\Bridge Inspection Report\KPK_RAB^Br 02021 inpectlons^20090420.doc ""'~ Banestraa 2335 Highway 36 W St. Paul, MN 55113 Te1651-636-4600 Fax 651-636-1311 www.bonestroo.com 63 Concrete Stairs -The condition of the concrete stairs appears far worse than the conditions found on the main bridge. The stairs and supports should not be considered for reuse due to their deteriorated condition, and the complexity and expense required for restoration. Stairs would not be ADA compliant and ramps would also be required. Substructure -The concrete substructures (bridge piers) show few noteworthy problems. The areas at the top (caps) are showing evidence of deterioration, once again resulting from de-icing chemicals applied to the top surface of the deck. During our inspection we did note moisture stains, actual moisture, cracks, rust stains, spans, and rusted reinforcing on the upper portions of the piers columns and caps. Comments regarding reuse of structural elements 1. Based on our site review, it appears the only structural elements to consider reusing are the concrete piers that support the two main bridge spans. The decision to reuse these elements should also be made with consideration to the proposed bridge geometry and layout; as well as required load capacity. 2. The proposed bridge will be wider and therefore modifications to the existing piers are required for increased loading. 3. If concrete piers are salvaged, obviously the location of the proposed bridge will be fixed to its present location. Other design considerations such as right-of-way expansion at 49th Avenue, TH 65 and 49th Ave. intersection improvements, TH 65 roadway improvements and sight distances could be adversely limited. 4. The reuse of main span substructure elements also includes the center pier. The in- place center pier will continue to be a median hazard to TH 65 users. Mn/DOT generally prefers, if possible, a single span structure over highways. Repair and modifications to pier caps should be anticipated. If the center pier is removed, additional loads are imposed on the two remaining piers; requiring modifications to strengthen those elements. The cost to make significant alterations to the existing piers does not appear to be economically feasible in comparison to the cost of constructing new piers. 5. If pier columns and caps are further considered far reuse, we recommend a testing program to determine the level of chloride ion content in structural concrete. This program will help estimate long term durability and determine appropriate repairs. 6. Based on our site investigation and understanding of proposed goals, it does not appear that salvaging and reusing existing bridge elements is economically feasible and it will be difficult to meet praject objectives. End Page 1 oft 64 City of Columbia Heights Pedestrian Bridge Reconstruction Project Existing Bridge No. 02021 Ynspection ~ Y & B w..Y. 1 -€ ,it 5Y a ~ 3I ,F. ~i aL '~i -_ a .1~_ _ .rte k. ~ - ._ ° ~.i• :~~ r. ~ ` a""'"' ,»"-"" , ~e ' ~ .. ,. Y,P . _ •-~ , ~ s.. .. ~~ -----_ ~ , - , • »„~. y ' - M d ~} ,.-_~ ~.~ _ -~ K ~ . ~ ~~ y.L r ~' .c~ ~ t' __'S ..~` ' - Existing Bridge is 2 spans with 3 piers .~ ~, ~ ~ , ._ ~ a4 s x - ~ _ ~ t ,x g -r ~_ Si. y Y /-_ _ _ - ~ - _ .- w' .. > ', b ..:ia.~ - ~ ', _ - ~ ~~~ l".ate et ~ ~ ~ -'~~~ m ;`'', - -_ - s. ,~ ~~ ~ z t' ~. 5 _ •,, ~ ' ~ _ - .- 'H ~' '; mss- „ . < ... ~. Spall underside of deck near west end Bonestroo Project No. 000332-09132-0 65 Photos Page 1 of 4 City of Columbia Heights Pedestrian Bridge Reconstruction Project Foisting Bridge No. 02021 Inspection ~. ~ ~ r ~r. :., ., .- .-.: S. k r' ~i ~ ~ f ~ ~ - ` s .. ~ . ~ ~ .r .y., rv~. J Y ~ B" ~ ~ ~ ~ Typical transverse cracks in concrete bridge deck Typical deterioration at cracks on underside of deck and steel beam rust top of picture and lower right Bonestroo Project No. 400332-09132-0 66 Photos Page 2 of 4 City of Columbia Heights Pedestrian Bridge Reconstruction Project Existing Bridge No. 02021 Inspection ~, ;, F9 ~~~ ~~ _ _ --- ---~ ~~~._ ~s'~' J - .'~- _ 9 `~~~ ~~ 1 - a ~~ ~ ~.,, +rca - a a c r - - w a~'~, '_ - ter. - ~ ', ~; K ~ . `y Win:; ~ ~" F ~ ~ a < ~`~3x_i -Y 'kmh - - k ~y ,f ui~.~'_~-h ~ ~ Xp '_ 4 „, -Y ~~ s.. ,r ' _ ~ _.: L 3 a ~ _ '~, f~~~ ~~ ~~ ~ ~ ~-~""S ~~$k~ riF ~~ ~YydV".t A, 3 ~ -, _ ~ ~~ ~.~,v - _ ~~ i~„~.~~ ,fin. d h ^xy~x y ~ Moisture on west pier cap and spall with rusted reinforcing '" _.~r. x~ ~~~ ~-~;, ~ ,~ ~. ~.. "~, - ~3: ~; ~ , ~ ~Q~~ ~ ~ ~ ;~ ~ ~ ~, ~~ ~ .~ ~~~~ . 4 ~ ~ _,~ ~*``~. ~ .b{ Aim ~,,. ~. - - Tap of stairs at west pier eap Bonestroo Project No. 000332-04132-0 67 Photos Page 3 of 4 City of Columbia Heights Pedestrian Bridge Reconstruction Project Existing Bridge No. 02021 Inspection <,,. ,~ n . ;.:. -. r ``' ~~~,' s~ __ r7V-s?F'~w"~T~_'x~~x-Y.,`-- ~ ~1~.~.,a k h ~'~.. X72 '... _ .. - Y ~ ~ f f >_ ..s ~~ l~ - F,c _ _ ~a _--_ 1.~ t~ :tom - _ _~ ~ t _- ~ ~ k; C; ~ - . ~-ec, a+ ~ ~ n 7 ~. _ ~ ~ ~ ~ y{~ _ .~, x r~ ~z~: ° S ~. ~ Moisture from bridge deck on east pier cap i ~~-.. mss, ~WiA #~Y P~ ~'~r y f T is _ _ yz ~ '~~ ~ ~~ 4 'k'3- ~~ ~ 4 . >& ~ _ :~ - _ _ __ ~ ~ ~ _ ~ ~~.' -3 ~~ '~" f i -.~ l ~ %? $ - ~ '~ ~f ~ ~~ ~ - _,~' S.. ~ ~ ~'~~ " -' S~ ,. ka; - Y.. ~.~ .. Concrete deterioration and rust stains top of east pier column Banestroo Project No. 000332-04132-0 68 Photos Page 4 of 4 Appendix B Bridge Cross Section Alternatives 69 v O 11'-d' -'~i i IO'-0" CLEAR R INSIDE OF RAILING f t+---~ BRIDGE ~ PROFLE GRADE o1'/Fr. .orlFr. - o ~ fi Alternative A -Steel Truss 1t7-0" CLEAR i -CY' S._0.. L---CL BRIDGE a ro I PROFILE GRADE i» .01'(FT. .O1'JFT. -_ ~~ ....:_;:r_-1. _.~-- . __ ___ `- -~ _ ~'::,1 n ~ W33 STEEL Q' ~ ~ GIRDERS ~.=Alternative B -Steel Gilder with Concrete Deck PREFABRICATED STEE1 TRU55 8R1€IC;E 1r-a° EDGE DF SLAB TO EC1GE OF SLAB ,~ °--- CL BRIDGE 6 , WORKING LINE I 0 '~ ~{ BEAM ~ CL CSEAM ; ~_ 10'-0" ';CLEAR TIMBER RUB ~ a - LEVE~ PROFILE GRADE "' 6~' PRECAST ~. GIRDERS 7" MiN. SLAB CONC. FLOGR BEAM. -~ 12'-6" Alternative C -Prestressed Concrete Girder with In=et Concrete Deck >n e ~ co it SO'-0" cLEAR 1 fL BRIDGE I I i PROFILE GRADE j .01'/FI.~ ~ ,01'/FT. ~ i 63" PP,ECASi' GIRDERS 2'-q.. ~ 3-6.. 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M ~ ~ rys.~Y, gg ~`s I ~ ~ ~. ~~' I ~~,.~ ~~ ~s w ~~ 4 ~j ».. .. big. ?F:S .r - .wT :~`k °i .est.,-- ','.t ,£'. ~..cf~~ A .u .,~ GATEWAY PEDESTRIAN BRIDGE APPROACHES -OPTION C '~ F is C ,~' ~- ri -..~ , s.r ~ ~'~ r -,~ -, ~~~ ~~~ ~ a ~ $' ! 2 c 4 ~ ' .sa P u yya ~ S~ ~ u ~ ~ ~~~ ~ ~~ °. i ~ ~ ~ ~~ "°' # f k "Mn t i & ~ ~ &,~ '.. J ~ g L I ~-±t` ~ ; f ~s E v ~1 ~i ~,~ l~lMfoa. f!! ~ 1~~ ~- ~~ t` ~J~ f~ ~~ CTTY OF COLUMBIA HEIGHTS 312001322fD04.DNFG DATE: C%:MM: 332.09.132 FIGURE C ~~a, YA ` ~r« `£• R ', [~ ~_ ~`'„ S. t~~;~ ' Appendix D Detailed Bridge Approach Concepts 76 ~ ~~ ' ` ~ ~` ~ t1 - ~I. ~ ti fro, t3~a _ - - - -' ~ .,i~.° .~ ~, ~ _ e. f= :~ ~ ~x -ry ~f~-~ a~ g- ({ ~ ~-~, t.,.k.t «+n. w'~.e-ay-.:.,.tt~~ ~'ro',#°j' <~,c ~ _~~, k" ,~.a, ~_4 ~~ ~ x - . 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',~.,. ~i.: a ,;:,~~~ GAS _, - - _ ~ ~,, 4 , a ~~"r F;'- ,- TELEPHONE ~ ~ -+Td`# ~` '~ ~> ~ ; -( I FIBER OPTICS - # w~. y ~.I:,. ~«c~,~ _ :~. ~'S s " t +~ Di a «st'' -°$„- .~ ~ ty. ~ a POWER BRIDGE APPROACHES -SPIRAL OPTIOI~d CITY F O COLUMBIA HEIGHTS Bonestroo GATEWAY PEDESTRIAN BRIDGE AT 49TH AVENUE 33209132ZFD06.DWG DATE: APRIL 2009 COMM: 332-09-132 Z ~, .... ~ '.. ww.,' "~'4 ~a x ~, ~ ,,fix ..~ ',".~ y,4 5 r ~ ~ ~ ~v "" ^a ~ ~ °. ~~' '~ ~ ~O Qom' .',~ ~ .~, r, a t :> :a ,~ -~ . ~ ~- - ,~ -'~°~.~_,~ ~ r f,' ;. _ r i ~ a ~~ .:,;"` 1 ~~ 8 Kt ~~" e sa+ ~~ '.~ ~ ~~~', ~ fir, ~~ ~,~~~ ~ - `~' ~~~ ';~ ~ ~ °a~, ~ ,m ,3 . ~" ~ ~` f , '~, t ~ p # .~ fit; - Y -,- ~~K ':~~ ~ 'mv i'~, r~ ~*_t*4c w„~. s~»;~i _~•~+yemt '~' '~7 ~,~- .~,. ~e: I ,~~ 1 a -fib i F ~ ~ '~ ~; ~ § -r ~~'"*""., T' it , ... ~ `~ ° P ~, .a .,... ~ ~ ~` ~ - 4s ~ O O r ~ O O >' = i '~ ~` ~--a. O O s&` ~ s O O f~7ji r. ~+~•~ y4' :, i T~. '~.° ~, ~ _ ~ ! ~ -'~ ~# f ~ ~~kk £ " `app-.7y J~~.^ ~1~~Yr. .w~.~. I ~` ,fig { ~ - ~ -s _? ~• ~ ~ ww~ cc ll//-" ,.+y~~ ~is!';t < r ~, , ~ LEGEND +~ ~; ' SANITARY SEWER ~ ~ ~ ' N' >~'` ~' •'~ --- 6I ~ ~~" ~~,F ~ " ~ :° \ STORM SEWER ~ 3 -~ 4y~•~; ~ ~ - ~r r ~~ &`~ ,~~,. I `r...,,.,...:-.,~.r..~~..:,..~... .:_.,. STORM SEWERPRNATE ' i - %' a"'~g ~ ~„ ~:, ~ z a y' ~ [, ~ WATER MAIN f ~ >~ ~ x ~ ~ ~ ~ `#i CiAS }~, -7a t~ ~ ~ r ~~.~a~s ~'~ ;,- ~ ~ 3~'t' gi ~ ~ ~ I ti,,. ~ ~ ~' TELEPHONE y,. >) t- _ +; `", r„. - ~' z ?'. -~,- n'~ t '~ _ ~ t A~',,, sr _ > 'fir- '~jjs~ FIBER OPTICS BRIDGE APPRt~ACHES -SWITCHBACK C)PTION I C TY 4F COLUMBIA HEIGHTS Bonestroo GATEWAY PEDESTRIAN BRIDGE AT 49TH AVENUE 33209132ZFD07.DWG DATE: APRIL 2009 COMM: 332-09-132 Appendix E Aesthetic Design Objectives 79 _ _. `q5 ~ d''s ,,, ~ ~ ~ . s, ~~ ~ ~ ... Y't± ,~ .. ~ ~~ ~ . :'~ ~ •~ t "' 4 '.R 1 4 .~, r n 5 ~' . _ ` it ~, ~ ~ ,~, `~. ,.1 t..: i '. ~~'~ . ~i 'a ~w,„ T~ N ss~»: _. ~ ...,. ....~ .R„ a _ ..w„ '.~..~_... !r-J',v;h 39f ~~ ~ ~ ''AS rvgf ~ N{,r~ ~ R'ifi ~ r ~4 _ ~~ 4 , ...,my. i . . k ..~ ~ .... ,z.w«4 .. .. O m N Appendix F Design Examples 83 ~ y .~ _;.~~-. ~v~ ~ ~zX x L ~. ~' ~,x ,7 ___ ~ _. ' »~ ~i . t t"~ X98: fixca ~ i ~ `~ ~~ ~~ '-~~ ~t. ~ _, -~ ij~n~ ~~~~ ~~ ~ ~x z_ a RRRGGG . %` ... d. Appendix G Gateway Bridge Concepts 86 ~, . . ~~~® City logo: Galvanized Steel Framework -Frosted Tempered Glass ar Stainless 5#eelBackground -Backlighting -Black Lettering _, . ~„m ~. ,. „-~... ~,g,, r ~ ~. ,~ ~ 1 _. _ .. -,c ""ate.«.. t^. .! alas 'i-t t~r~~u. .-.~~i.~.u. iTuaa.F.~ ra...4i. t, .~.M ~.t~a.~ .iit~: iif- -I .~ rc~,_~~~z~~ pV '','1 ~ -..,..,; ~ #4 rat ~ f ~ f ~ -: ,• .. .. . .. _ ,, `.,_ ,.; ~ ;~ ~ ,,. -. ~.." s ~: f e ! ~; x ., . Pier Color &Texture Self Weatherizing Steel Truss (Bow String Style) Galvanized Steel Railing i ni [ if.. +~~~ ;;. 1 ~~ A-k Galvanized Wire Mesh Panels 5'' i J:J 4 ~ i /t `s'^" ~ rt~1" sue. Qa <~. S.i U €«, ~L ,B 1"~t x. ~y ~~~p [[~~~ ~ a -,- - i. N; ,~ ~ „ems `,.~~ , ~r ... ~ ~z._, ~ ~ ..b Black Lettering with Up Lighting ~--Green Steel Framework t. ~rrr ~^"" ~ J.-..~-- li ~ ~ tI .~iry~ P 'p~ y{ p ~ ~ qyy~ A' `"~1L..a. _~n"'+a^<' ~,r'~Mlr & _ a a ~ ~ ~. ~ , ~ ~- .. ~'>~ Self Weatherizin Steel Truss Limestone Pier Texture jp i r..-~+~+-w.w 9 (Bow String Style} ;, -. ~ , ~ ~4, m+- ~~ ~ ,., ~' " ~;;; _, Galvanized Wire Mesh Panels t r 0 Varying Densities of ~ City Logo; Black Stee! Framework Galvanized Screens! i -Self Weatherizing Steel Background Burgundy Stee! Beam ar Prestressed Wire MeshBacklighting Concrete Girder with inset Conaete -Stainless SteeUFrosted Glass Lettering peck i .~. ~~ ~. ~ ~ ._ ....__. ,' . ~, a;. ~. __.. -- s ~, ~~ ~ ru` t~ r-+ _ _ .. I. .-.- --..-.. ,.... ,-_.. _.._._. _ .. - - ~~ ~ h ~... .x ~~ twx~ ~M ~ .,... -- t _.. _ ~ .:-. _ _ M. ~' ~~, ~.; a;...ra,, .sx ,..~~ Pier Co^laor, & Texture Arch: Higher Densities of Galvanized Mesh Planets .' ~ ~ ~ , i Black lettering with Back ligh#ing ~ "~ w fit' t ~ ~ ~ , € F' '~ ~~~ Black Steel Framework Steel Beam or Prestressed Concrete Girder with Inset Concrete Deck __ . E '; ~ ._ -. _ .. __. _ ... ._._..__ ._..... _.. ._ .~_. _ ~ __ ~ ~< ~a ~ v _ ~..___ ,~~ _ _ _._.... . ... _ ,.._.. a _ ,. _. _ 1 . v..r ~ ~. _ i °. ~P { ~ ~ ~ ~... °;, ,j -. .. d H .., Pier Color & Texture `° « i~ _ a Varying Densities of Galvanized Screens/ Wire Mesh I i 7 ~ ~ ~-i`-F i 1 :_ .~ ti CITY COUNCIL LETTER Meeting of: 5/7/09 AGENDA SECTION: CONSENT NO: ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K Hansen THE 49T"AVENUE PEDESTRIAN BRIDGE -RIGHT OF DATE: 5/11/09 WAY ACQUISITION BY: DATE: ~ '~ Background: Over the last several years, the City has sought funding to replace the pedestrian bridge over TH 65 on 49t" Avenue. Funding application has included Federal and State sources and most recently the Federal Stimulus Program. The bridge provides a key link over a high traffic route (30,000 vehicle per day), to destination including schools, parks and retail sites. Analysis/Conclusions: The City of Columbia Heights has received funding for the Pedestrian totaling $3,000,000 through Federal Funds. The source of the funds is $475,000 of earmarks that will authorize in July of 2009, and $2,520,000 thi=ougii rile Fcdci'al Stiiriiiiits ur ARRA Funds, whit h s hoi.iid be aiitl"iorizcCi ill J'unc. Concept layouts liavc detailed that Right-of--Way (ROW) will be required on the east side of the bridge. Staff is currently working with MnDOT to shift the bridge to the east, 4-6 feet, to eliminate permanent ROW needs on the west side of the bridge in Hilltop. Temporary easements to facilitate construction will be needed on both sides of the bridge. Staff has obtained a proposal from Evergreen Land Services Company to perform all land acquisition services for the project, attached, As construction plans have not been prepared, an appraisal will be required for both approach options on the east side of the bridge (Both Options, pg 6 of the proposal). Staff is also recommending obtaining a before and after appraisal on the west side of the bridge in the event MnDOT does not approve shifting the bridge east. The City of Hilltop would need to facilitate acquisition and condemnation services in their own City. Timing is critical for the type of funding directed toward the bridge. The State ARRA Funding Program requires project delivery by November 13`" of this year. With the Federal process, a minimum of 1.50 days to acquire is estimated, and that may be a push. Staff is recommended that all appraisal work be conducted immediately with handing through our Municipal State-Aid program. Once Federal funds have been appropriated, actual acquisition services may begin -anticipated in mid to end June. Recommended Motion: Move to accept the proposal from Evergreen Land Services in the amount of $33,755, for professional services and. furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. KH:kh Attachment(s}: Evergreen Land Service Proposal COUNCIL ACTION: 92 ,, ~:" , May 6 2009 Kevin Kielb Bonestroo 2335 Highway 36 West St. Paul, MN 55113 Re: Proposal for Acquisition Services in Columbia Heights Pedestrian Bridge FKepiacement Central Avenue and 4y°""' Dear Mr. Kielb: t,~tin StiRVICI S COiAP.ANY icquisf uon and Relo~uion Speriu:isc~~ Evergreen Land Services Company (ELS) is pleased to submit the following proposal for our services on the above referenced project. It is our understanding that the project involves the construction of a new pedestrian bridge crossing Central Avenue (TH 65) just south of 49th Avenue in Columbia Heights. Two properties are affected, a Savers store at the southeast quadrant of the intersection and a Walgreens store at the southwest quadrant of the intersection. It is our understanding that the acquisition from the Walgreens store is a temporary easement but there may be issues of sight obstruction caused by the new bridge structure. The east side of the bridge has two options, a spiral option and a switchback option which have differing amounts of right of way and temporary easement needed for each option. Sight obstruction may also be an issue on the savers acquisition, This proposal includes appraisal services, appraisal review services, title information, acquisition services, and attorney condemnation services. It is our understanding that the project is federally funded and must adhere to federal appraisal and acquisition requirements. ELS has worked on many federally funded projects and we are knowledgeable of the necessary appraisal and acquisition procedures required. It is also our understanding that an acquisition of one or two of the properties was previously initiated unsuccessfully. Qften times when this happens it is advisable to start over with an impartial third party such as Evergreen Land Services. ELS can supply unbiased appraisals and also a third party negotiator in an attempt to resolve the problems. 93 _. Both federal and state regulations require that appraisals be prepared for all acquisitions. Although the acquisitions from the Savers and Walgreens properties appear to be fairly minor, the acquisitions are classified as "Partial Acquisitions or Partial Takings" because they involve only a portion of the Savers or Walgreens properties. Technically partial acquisitions are to be appraised in a "before and after" methodology in which the appraiser values the entire property (including buildings) "before" the acquisition, and then values the remaining property (including buildings) assuming that the acquisition has taken place (the "after" value). The difference between the "before" value and the "after" value is the amount of damages to the property caused by the acquisition and is the amount of the offer to the property owner. Full "Before and After" appraisals are expensive due to the fact that the buildings are valued. Often times in minor acquisitions an abbreviated "before and after" land appraisal is prepared (without building value) when it is apparent that the building is not being affected by the acquisition. However if the acquisition has issues of sight obstruction or is likely to require condemnation, then it is best to obtain a full "before and after" appraisal. It is our understanding that the Savers property will likely require condemnation due to past history and thus it is recommended that a full "before and after'" appraisal be cornpieted on this acquisition. The Savers acquisition has two alternative layouts, the spiral option and the switchback option. This proposal assumes that the appraiser will need to complete full "before and after" appraisals on both options. However if the City decides which option to use prior to the first week in June, only one appraisal would be needed thus saving the City the $3,000 additional cost of the second appraisal. Since the Walgreens acquisition may involve issues of sight obstruction, it is advised that a full "before and after" appraisal also be initially ordered for this acquisition. However after meeting with the property owner and viewing the property and acquisition, we could have the appraiser give a recommendation on whether to prepare a full "before and after" appraisal including improvements or whether to prepare the Walgreens appraisal in an abbreviated format without building valuation. An abbreviated land appraisal rather than a full "before and after" value would save $3;500. Appraisals will conform to USPAP and Mn/DOT requirements. The appraiser will give the property owner the opportunity to accompany the appraiser on the appraisal inspection (as required in the Uniform Act}. Appraiser _Our proposal utilizes the appraisal services of Dan Mueller, MAI, of Integra Realty Resources. Dan is an excellent appraiser with much experience in the appraisal of partial acquisitions and also much experience in testifying in condemnation hearings and trials. Dan is on Mn/DOT's prequalified appraiser list. Dan's Qualifications sheet is attached. Appraisal Costs -the cost for a full "before and after" appraisal of each of the twa Savers acquisition options is $10,000 ($7,000 for first appraisal and $3,000 for second appraisal}. ff oNy one option is appraised on the Savers acquisition, the appraisal cost is $7,000. The cost for a full "before and after" appraisai on the Walgreens property is $7,000. If an abbreviated "before and after" land appraisal can be prepared, the cost is $3,500. 94 Review appraisals are required on acquisitions over $10,000. Since it is assumed that both the Savers acquisition and the Walgreens acquisitions will be over $10,000, three review appraisals will be required (review of two Savers appraisals and one Walgreens appraisal). Review Appraiser -Our proposal utilizes the review appraisal services of George Eckenroth, SRPA, SR/WA, of Eckenroth Appraisal Service. George is a former appraiser and review appraiser with Mn/DOT who retired after 30 years of service. George's Qualifications Sheet is attached. Review Appraisal Costs -The cost for review appraisals on the two Savers full "before and after" appraisals is $1,500 ($1,000 for the first review and $500 for the second review). The cost for review appraisal on a full "before and after" appraisal of the Walgreens acquisition is $1,000. Should an abbreviated "before and after" land appraisal of the Walgreens acquisition be completed, the cost for a review appraisal is $700. Evergreen Land Services will obtain "Ownership and Encumbrance" reports for the Savers property and the Walgreens property. These "O&E" reports will list the current owner and the name and type of any encumbrance of record on each property. These reports are necessary so that we are dealing with the actual owners of record, and also so that we know what mortgages, easements, etc must be dealt with in order to obtain clear title for the necessary acquisitions. ELS will order the "O&E" reports from a title company or attorney. O&E Costs -the cost for two "Ownership and Encumbrance" reports are estimated at $225 per report. Evergreen Land Services (ELS) will perform ail acquisition services using ELS staff. ELS staff are licensed Minnesota Real Estate Salespersons (as required by law) who are experienced in the area of real estate negotiations. They are commissioned Notary Publics. All direct purchase activities will be conducted in accordance with the State's R/W Manual and the Uniform Relocation Assistance and Real Property Acquisition Act Regulations. .95_ The main acquisition tasks for this project are as follows: A. Initial Meeting between ELS and City - this meeting would introduce ELS personnel and City personnel that will be working on the project. In this meeting we should go over the acquisition process and decide such items as document formats, signing of offer letter, mortgage release policy, etc. B. Landowner Questionnaire -ELS will send out a "questionnaire" to each landowner introducing ourselves and asking for pertinent data such as contact names, phone numbers, corporate status (for document preparation), confirmation of ownership, etc. A property owner acquisition brochure will be part of this mailing (as favored by Mn/DOT auditors). C. Direct Purchase -ELS is to perform the direct purchase offer(s) and negotiations on both the Savers and Walgreens acquisition parcels. ELS will make the offer to the landowner(s) in person if possible, or via certified mailings if personal meetings are not possible. ELS will make personal contact with landowner(s) to sign conveyance documents or work with landowner(s) and City to resolve problems or issues. The riirert p~errhace prnred~~ree are c~mmari~eri ac fnllnwc; • ELS will prepare two offer packages that include the offer letter, copy of the appraisal, acquisition drawing and appraisal receipt. • ELS will obtain format approval from the City for conveyance documents and offer letters. • ELS will give each owner a copy of the appraisal report at the time of offer. • If owners accept offer, ELS will obtain signatures on conveyance documents. • If owners do not accept offer, ELS will keep lines of communication open with the property owners to discuss problems and solutions in an effort to obtain the property owner's signatures} on the conveyance documents. • ELS will keep the City informed of acquisition process and obtain City approval for offers, solutions, and settlements. • ELS will prepare and deliver to the City a "Request for Payment" form for payment of compensation to landowner(s) and ail interested parties. • ELS will record conveyance documents (recording fee is City's cost) • ELS will prepare & send requests for "Partial Release of Mortgage" as directed by City. City is responsible for mortgage release processing fees. • ELS will provide the City with an "Acquisition Status Table" bi-weekly via email. • ELS will provide City with a list of unsigned owners and properties should it be necessary for the City to complete the acquisitions through the condemnation process. D, Last Written Offer -due to the new condemnation law and the 20% and 4d% thresholds for payment of property owner's costs in condemnation, ELS and the City should review all acquisitions and negotiations and decide whether to send the owner a last written offer prior to condemnation. This last written offer may not be accepted by the owner, but it may alleviate the City's payment of the property owners attorney's fees and other professional fees that is allowed by the new condemnation law. 96 Cast of Acquisition Services - the cost for ELS acquisition services is calculated by a not to exceed cost of $4,400 for both parcels. ELS invoices for actual time spent on acquisition services so it is possible that the actual charge for acquisition services could be less than that stated above. The stated acquisition cost is on a project basis based upon an estimated average cost per parcel. Should the acquisition(s) need to be acquired via eminent domain, Attorney James Hurd Anderson will provide the legal services necessary to obtain title and possession of the required land via the "Quick Take" procedure. His costs are summarized on the table below. It should be noted that the cost shown is an estimate of the legal costs involved in condemnation. Costs can vary due to title issues, service issues, number of hearings, and whether the award is appealed to trial. Estimated Costs for Quick Take Condemnation Legai Pracedures . Legal -Condemnation: assume 1 quick take condemnation = $ 9,405 A. Review Title & Prepare Petition and Notices = $ 2,000 B. Service of Notices to Property Owners (1 parcels @ $200/ea) _ $200 C. Publication of Notice (if needed) _ $ 800 D. Filing and Motion Fees = $305 E. Preparation for Necessity Hearing = $ 800 F. Attendance at Necessity Hearing = $ 800 G. Attendance at Swearing-In of Commissioners = $ 400 H. Viewing of One Parcels = $ 400 I. Preparation and Attendance of Commissioner Hearing $2500± per parcel depending on complexity = $ 2,500 J. Final Certificate and Miscellaneous = $ 1,200 ~ I cnal . ('.nnrlcmnatinn• accumn ? mirk takes cnntiamnatinnc v. vvyu. ....,,......,............... ~..,.......... ~ .,...,........~...._..__.....a.._.._ = .~i 1a (l~5 _ --~--- A. Review Title & Prepare Petition and Notices = $ 2,500 B. Service of Notices to Property Owners (2parcels @ $200/ea) _ $400 C. Publication of Notice (if needed) _ $ 800 D. Filing and Motion Fees = $305 E. Preparation for Necessity Hearing = $ 800 F. Attendance at Necessity Hearing = $ 800 G. Attendance at Swearing-In of Commissioners = $ 400 H. Viewing of two Parcels = $ 800 1. Preparation and Attendance of Commissioner Hearings $2500 per parcel depending on complexity = $ 5,000 J. Final Certificate and Miscellaneous = $ 1,200 97 The following table lists the estimated cost of each service far several different appraisal options and for condemnation services of one or two parcels. EVERGREEN LAND SERVICES TOTAL ESTIMATED COSTS Savers -Full B+A Appraisals on Both Options Walgreens -Full B+A Appraisal Savers -Full B+A Appraisals on Both Options Walgreens -Land Appraisal Only Savers -Full B+A Appraisal on One Option Walgreens -Full B+A Appraisal Savers -Full B+A Appraisal on One Options Walgreens -Land Appraisal Only Assuming One Condemnation Parcel Appraisals $ 17,000 $ 13,500 $ 14,000 $ 10,500 Review $ 2,500 $ 2,200 $ 2,000 $ 1,700 Title $ 450 $ 450 $ 450 $ 450 Acquisition $ 4,400 $ 4,400 $ 4,400 $ 4,400 Condemnation $ 9,405 $ 9,405 $ 9,405 $ 9,405 Total $ 33,755 $ 29,955 $ 30,255 $ 26,455 Assuming Two Condemnation Parcels Appraisals $ 17,000 $ 13,500 $ 14,000 $ 10,500 Review $ 2,500 $ 2,200 $ 2,000 $ 1,700 Title $ 450 $ 450 $ 450 $ 450 Acquisition $ 4,400 $ 4,400 $ 4,400 $ 4,400 Condemnation $ 13,005 $ 13,005 $ 13,005 $ 13,005 Total $ 37,355 $ 33,555 $ 33,855 $ 30,055 ELS will invoice for actual hours spent for acquisition (appraisals, review appraisals, and title reports are on a lump sum basis). Therefore it is possible that the cost of our acquisition services will be less than that shown above. ELS services will be invoiced as per the attached cost schedule and above table. Mileage is billed at the IRS rate of $0.55 per mile. We invoice twice a month, through the 15`h and through the end of the month. We also include a Daily Work Report with our invoices. This Work Report lists our activities for each day worked on the project. .. g8- It is understood that title and possession of the necessary right of way and easements is required by November 15, 2009. Assuming the worst case scenario that one or both parcels will need to be acquired by quick take condemnation, the acquisition timetable is as follows: May 15, 2009 Appraiser gets acquisition info June 15, 2009 Appraisals completed & review started June 23, 2009 Appraisal Reviews Completed July 1, 2009 Offers to be made no later than August 1, 2009 Commence Quick Take November 1, 2009 Obtain Title & Possession (90 day quicktake) November 15, 2009 Title and Possession Required It is understood that the City will provide ELS the following: • Legal descriptions of the acquisitions. • Individual acquisition drawings. • Construction plans so as to answer questions of individual property owners. • Direction as to which acquisitions to obtain mortgage releases (if any}. • Checks for mortgage company service fees to obtain mortgage releases. • All necessary Purchase Agreements (if needed}. • Recording fees for recording of conveyance documents. Projects such as this are complex and require that the right of way consultant, engineering consultant and City staff work together for a successful conclusion. We look forward to working as a team member with you on this project. Thank you far considering Evergreen Land Services for your acquisition needs. if you have any questions concerning this proposal, please call me at 651-882-0200. r ,~ .~, ,, Douglas K. Johnson, SR/WA Vice President and Appraisal Manager 99- PROFESSIONAL QUALIFICATIONS OF DAN NIUIELLER, MAI, MRICS EXPERIENCE: Director for Integra Realty Resources-Minneapolis/St. Paul of Minneapolis, Minnesota. Actively engaged in real estate valuation and consulting as an independent real estate broker since 1986 and independent real estate appraiser since 1993, entering the appraisal profession and working with several private firms in the Minneapolis/St. Paul area. Experience includes valuation and analysis of all types of real estate ranging from commercial, industrial, residential, and special purpose properties. Particular expertise in litigation matters such as condemnation, property taxation, and partnership disputes. Clients served include private and public agencies, lenders, law firms, and investment firms. Valuations have been performed for condemnation purposes, estates, financing, equity participation and due diligence support. Valuations and market studies have been done on proposed, partially completed, renovated and existing structures. Valuations have been performed on various properties including, but not limited to, neighborhood and community shopping centers, apartment complexes, single and multi-tenant industrial buildings, low to high rise office buildings, mixed use facilities, and vacant land for different uses. Specialized real estate valued includes restaurants, regional malls, hotels, industrial plants, corporate headquarters offices, theaters, special purposes, land subdivisions, outdoor advertising and aggregate mines, treatment centers, nursing homes, convenience stores, and truck stop/travel centers. PROFESSIONAL Member: Appraisal Institute (MAI No. 11405) ACTIVITIES: Participant: President, North Star Chapter of the Appraisal Institute 2007 Licensed: Minnesota Certified General Real Property Appraiser License No. 4003551 Member: Royal Institute of Chartered Surveyors (MRICS) Instructor: Approved Appraisal Institute Instructor -Course 310 Basic Income Capitalization; instructor ,vr .::eghest and Best Use and C'ondemnat,on ~pP(`.SaI 1'tip9(`.C f`.laCCPC SPl M;tGYI?iG Degree program at University of St. Thomas Member: Appraisal Institute National Comprehensive Exam Subcommittee/Panel 1999-2006; Chair, Income Approach Module; Appointed Sub-Committee Vice-Chair 2000; Appointed Sub- committee Chair 2002, 2003 and 2004; Appointed Panel Chair 2005-2007 Member: Appraisal Institute Appraisal Journal Review Panel 2001-2007 Member: Appraisal Institute Appraisal Journal Editorial Board - 2004 Member: 2002, 2003 and 2004 Appraisal Institute General Appraiser Council Admissions Committee Member: 2002, 2003 and 2004 Appraisal Institute Qualifying Education Committee Member: 2002 Appraisal Institute Curriculum Subcommittee Participant: Appraisal Institute Leadership Development and Advisory Counsel -Washington DC 2002, 2003 and 2004 Member: Building Owners and Management Association (BOMA) Member: International Council of Shopping Centers (ICSC) Member: International Right of Way Association Member: National Association of Industrial and Office Properties (NAIOP) n.....•,.:....» c t.,,. a ~ t ~ -~ 1 12th Ed'ti.^,n ^F Tt,a A,+ nt of Rawl Getata to rayie~xi d U1 t6L3tJQtlt. JCt4.6.tCU Lo L¢Jh Il Ve vvorrillag ea a v Income Approach Chapters Participant: Treasurer, Metro Minnesota Chapter of the Appraisal Institute 2004 Participant: Secretary, Metro Minnesota Chapter of the Appraisal Institute 2005 Participant: Vice President, North Star Chapter of the Appraisal Institute 2006 Participant: Court Appointed Real Estate Commissioner -Ramsey County, Minnesota EDUCATION: Bachelor of Science in Business Administration and Economics from Winona State University. Successfully completed numerous real estate related courses and seminars sponsored by the Appraisal Institute, Commercial Investment Real Estate Institute, accredited universities, and others. Currently certified by the Appraisal Institute's voluntary program of continuing education for its designated members. QUALIFIED BEFORE Testifying in Federal and District Courts. Tax Court. Administrative Hearings, and at Real Estate COURTS AND Contmissiotter Hearings in and beyond the Twin Cities area. S 'I' BODIES: 100 QUALIFICATIONS OF GEORGE M. ECKENROTH, SR/WA, SRPA LICENSED REAL ESTATE APPRAISER AND REVIEW APPRAISER Dated: January 2009 Qualified and experienced in performing documented real estate, fixtures, and special purpose equipment appraisals, Qualified and experienced in making formal appraisal reviews for residential, commercial, and industrial purposes including preparation for litigation. This Review Appraiser has considerable experience in before and after appraisals for right of way acquisition purposes. Address: 732 Spring Hill Circle, Woodbury, Minnesota 55125. Telephone: (651) 578-9172 E-mail: georgeeck@comcast.net EDUCATION SUCCESSFULLY COMPLETED: B.A. in Economics Real Estate Appraisal I Real Estate Appraisal II University of Mn., 1962 University of Mo., University of Neb., Minneapolis., Minnesota. Columbia, Missouri. Lincoln, Nebraska. International R/ W Assn. 2006 USAP 7 Hour Commercial Construction Course 401, The Appraisal Update Course Overview Seminar, of Partial Acquisitions Appraisal Institute Appraisal Institute, Minneapolis, Minnesota. University of MN. University of St Thomas MN Mn /DOT Management 2007 - Spotlight on USPAP National Highway Institute, Training Academy. Seminar, Appraisal Institute. Eminent Domain, Training. Real Estate Appraisal VI St. Thomas College, St. Paul, Minnesota. Industrial Valuation Seminar Appraisal Institute, University of St. Thomas, Minneapolis, MN. 2008 Right of Way Professional's Workshop EXPERIENCE: (1962 -Present) Appraiser has acquired intensive appraisal and appraisal review experience with the Minnesota Department of Transportation. Complicated rural, residential, commercial and industrial appraisals have been made especially within the Duluth, Minneapolis and St. Paul areas. Complex special purpose properties have also been appraised. Some examples of such properties are as follows: Duluth Brass & Aluminum Company Foundry, Duluth Chicago Northwestern Freight Depot & Passenger Depot, Duluth Minnesota Department of Health Building, Minneapolis Appraiser has testified in Commissioner Hearings and In District Court within St. Louis and Ramsey Counties, Minnesota. Appraiser was promoted to Senior Right of Way AgentlAppraisal Supervisor in 1968. Promoted to Principal in 1979. Assigned as Review Appraiser from 1972 thru 1988. Classified as Right of Way Agent 4, December 1979 to June 1 991 which included appraisal, review, and supervision responsibilities. Assigned as Appraisal Group Supervisor from January 1989 to June 30, 1991. Appointed Valuation Manager from July 1, 1991 to July 31, 2000. Appointed Assistant Director, Office of Land Management, Corridor Studies & Contract Management Section on August 1, 2000. Honorably retired from MNDOT on April 8, 2003 and initiated "Eckenroth Appraisal Service". AYNra'unr haS pourrhasarwl and gnlrr prnpartJi in Nannapin 1A/achingtnn and Annka rni~ntiag* fl/linnecnta, Appraiser has contracting experience with residential property. Instructor at Inver Hills Community College, teaching, "Principles and Techniques of Appraisal Review" and "Condemnation Appraising". Speaker at the International Right of Way Association's Seminar on "Leasehold Interests" and on "Appraisal Policies". Speaker at the National Association of Review Appraiser's Seminar on "Appraisal Review". Licensed instructor experience at St. Paul Technical College teaching, Real Estate Appraisal," Adv. Fund of Real Estate III -Principals & Techniques of Appraising" and "Money and Banking". All of these courses were approved by the Commissioner of Securities pursuant to Minnesota Statue Section 82.22. Published article entitled "The Appraisal Review for Right of Way Acquisition Purposes," Appraisal Review Journal. Awarded "1996 Outstanding "Seeds" Supervisor", Title VI Representative, Office of Land Management from 1994 - 2002. Appointment to Regional Ethics and Counseling Panel, Appraisal institute (2!26/93 to 12/31/98}, PS® (1}. Registered Senior Member of International Right of Way Association, Registered member Number 1237, dated December 12, 1969, Designation (SRIWA}. Over thirty-five years in membership. (2}. Registered Member Appraisal Institute, Designation (SRPA), Senior Real Property Appraiser. Appraiser has presently achieved the "Continuing Education Completed" status. 101 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting o£ May 11, 2009 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: G Community Development APPROVAL ITEM: Adopt Resolution 2009-59, Amendment BY: Sheila Cartney BY: ,.~ g-~ to 37`" and Central LLC Redevelopment DATE: May 5, 2009 Contract BACKGROUND: On June 24, 2008 the City, EDA and 37`" and Central LLC, entered into a contract for private redevelopment, located at the northwest corner of 37t" and Central Avenue. The minimum improvements in the contract means the construction of a building containing at least 9,000 square feet of commercial redevelopment and related improvements. Due to current economic market conditions, 37t" and Central LLC has requested completion date amendments to the development contract. The following table represents the amendments: Ori final Date Pro osed Amended Date Commence Construction Ma 1, 2009 Ma 1, 2010 Com lete Construction Janua 1, 2010 Janua 1, 2011 The EDA approved the changes at the April 28, 2009 meeting; staff supports the requested changes. RECOMMENDATION: Staff recommends the City Council amend the development contract as requested. to change commencement and completion dates for the redevelopment of 37`" and Central Avenue. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2009-59 there being ample copies available. MOTION: Move to Adopt Resolution 2009-59 amending the Development Contract between 37`" and Central LLC and the City Council dated June 24, 2008, changing commencement and completion dates. Attachments: Resolution 2UUy-5~1, Amendment, and Letter tram j /"" and Central LLI; COUNCIL ACTION : 102 CITY OF COLUMBIA HEIGHTS RESOLUTION N0.2009-59 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND 37`" AND CENTRAL LLC BE IT RESOLVED By the City Council (the "Council") of the City Columbia Heights Minnesota, (the "City") as follows: Section 1. Recitals. 1.01. The City and the City of Columbia Heights Economic Development Authority (the "Authority")and 37th and Central LLC (the "Redeveloper") entered into a Contract for Private Redevelopment dated June 24, 2008 (the "Contract''), setting forth the terms and conditions of redevelopment of certain properly within the Redevelopment Project, generally located west of Central Avenue at 37`" Street. 1.02. The parties have determined a need to amend the Contract to facilitate the leasing of the Minimum Improvements by granting an extension to the Redeveloper for the commencement of construction to May 1, 2010 and completion of constriction to January i, 20 i i . 1.03. The Council has reviewed a First Amendment to the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The First Amendment to the Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the First Amendment to the Contract and any documents referenced therein requiring execution by the City, and. to carry out, on behalf of the City its obligations thereunder. Passed this l lt'' day of May 2009 Offered by: Second by: Roll call: Mayor Gary Peterson Attest: Patricia Muscovitz CMC City Clerk 103 FIl2ST AIVIENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of May 2009, by and between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS, MINNESOTA, a public body corporate and politic (the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City"}, and 37TH AND CENTRAL LLC, a Minnesota limited liability company (the "Redeveloper"). WHEREAS, the City, the Authority and. the Redeveloper entered into that certain Contract far Private Redevelopment dated as of June 24, 2008 (the "Contract") providing for the redevelopment of certain property described as the Redevelopment Property in the Contract; and WHEREAS, under Section 4.3(a) of the Contract, the Redeveloper is obligated to commence construction of the Minimum Improvements (as defined in that section} located on the Redevelopment Property and substantially complete such construction by January 1, 2010; and WHEREAS, the Redeveloper has requested the City and the Authority to extend the time for commencement and completion of construction due to its inability to lease space in the Redevelopment Property to tenants who fit the needs of the City due to the ongoing problems in the credit markets; and WHEREAS, the parties have determined a need to amend the Contract in order to allow the Redeveloper sufficient time to lease the Redevelopment Property and construct the Minimum Improvements thereon. _ NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Section 4.3 of the Contract is amended read as follows: Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper must m seem nnro c+4rYYrtenn of the ~/Iiinim:,:m imnrnvPrnantc by ~/laV 1, ~~' 2nl ~s aYl lj tY1B1Ct Cll~'1CtaTitlallV V VY2Yt It VAAV4 VVYIJL6 NVCAVia f.rav sv+asvaauv 1 , complete construction of the Minimwn Improvements by January 1, ~8 2011. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority and the City. If the Redeveloper is making substantial progress with respect to the redevelopment project, and is unable to meet one or more of the above-referenced deadlines, the Authority and the Redeveloper shall negotiate in good faith for a reasonable period to extend the time in which necessary action(s) must be taken or occur, the lapse of which time would otherwise constitute a default under this Agreement. 2. All other teens and conditions of the Contract shall remain fully in effect unless amended as provided therein. IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed, and the City has caused this Amendment to be duly executed in its name and behalf and its seat to be hereunto duly affixed, and the 104 Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above writtene COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this 28th day of April, 2009, by and ,the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public CITY OF COLUMBIA HEIGHTS By Its Mayor By Its City Manager STATE OF MINNESOTA ) } ss. COUNTY OF ANOKA } The foregoing instrument was acknowledged before me this 11th day of May, 2009, by Gary Peterson and Walter R. Fehst, the Mayor and. City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public 37TH AND CENTRAL LLC STATE OF MINNESOTA By Christopher Little Its ~ ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of April, 2009 by Christopher Little, the of 37th and Central LLC, a Minnesota Limited liability company, on behalf of the company. Notary Public 2 105 .'° tX};:tF~HENSiVE ~Eatl. E3TRTEGIscc~~N121~T1tC,~4L;~d9LltiYtlRl~ Apri120, 2009 Ms. Sheila Cartney City of Columbia Heights Community Development 590 - 40th Avenue NE Columbia Heights, MN 55421 Re: Development Agreement 37th and Central Dear Ms. Cartney: Pursuant to our phone conversation, I am writing to request to appear before the City of Columbia Heights Economic Development Authority (EDA) on April 28, 2009, to respectfully request an extension on the Private Development Agreement between the City of Columbia Heights and 37`" and Central, LLC (Agreement). As you know, the year 2008 and early 2009 will certainly be remembered as a year of unprecedented change in the world's financial and commodity markets. Its effects were widespread and profound for us ail and the commercial retail industry was no exception. As credit markets tightened and retail sales slowed, the availability of financing for the commercial retail industry became limited. Many major retailers and small businesses have been forced to postpone, suspend and cancel the openings of new retail stores, or in ,,,any cases even close existing stores. 37`x' and Central, I,LC has been proactive in its response to the changing market, seeking out retail tenants that have been sustaining their market status in the Twin Cities. In addition, we've been in conversations with other interested patties with stt°ong balance sheets that have the capacity to lease space, regardless of the current market turmoil. That being said, we do want to make every effort to fnd tenants that fit the needs and wants of the community. The current economic market conditions have made the leasing activities slaw and thus we have not been able to fill the retail space to date and therefore cannot start construction. In accordance with Section 4.3 of the Agreement, 37`" and Central, LLC is required to commence construction of the retail building by May 1, 2009. We have every intent of continuing with our plans to construct and lease a new building at 37`" and Central, however, we would like to request and extension of one (l}year to do so. It is our goal to pre-lease the space by the end of the summer 2009, however, we would like to allow enough time to allow the financial markets to stabilize and hopefully continue discussions with retailers that are bouncing back from the economic recession. __ -- C`~~ti1PR1~bfENSt~'[: ~ R.EAf [,STA"fC~ ~ <}Rt e~NiLATICrN.41. ~ SUf:€ ~l'E(7NS ;52 ~ Oh-II,0.NFa t_.a;~e (~-1 ~;~~vrar>c>~.~~ ~ MN (S;~Z (P> l2 } ?37-1 I t)7 j C'I {R.(SL(TTLGrL-;CFtUSCOA-fPa NtE3ti, Ct iNl 106 .~: ~.~ z I ,~~.ma;r~~~~~v~ ~~~. ~rE ~~n t u While we are disappointed in the current results of the leasing efforts, we remain committed to the project and are optimistic about its future. We look forward to good things in 2009 and we welcome your questions and comments. Feel free to contact me at (612) 237-1105 or you can also e-mail me at cfu-is[ittle'€r!croscol~~panies.com. Thank you for your consideration in this matter and we look forward to speaking with you further about this matter. Sincerely, Christopher Little Ct+:ip , ~. .~,iVE ~ f2J :1[ f.S'TATG i E71t t;AN3Lalil'tri'AL ~ Sd)f.trrtE i!tiS ji7 l_trtt-t1,iNh.1 I~-1NF~ ~ 1~11ti VE C'n[..1~ ~ LiN j >i42[ ~ {61_!'!37-(I9? j c'FFatsl.iTt t t.<<.z;~ aoticFrnav+.~irss cc1Nt ~ a~ CITY COUNCIL LETTER Meeting o£ May 11, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: H Community Development APPROVAL ITEM: Adopt Resolution 2009-60, Calling fora BY: Scott Clark BY: ~,_~,~ ~° Public Hearing for Modifications to the C8 DATE: May 7, 2009 TIF Plan On Apri128, 2009 the EDA approved implementing a Scattered Site Housing Program (attached is the EDA action letter explaining the program including the action taken). As part of this process the City will use proceeds from the C8 TIF district, but in order to access these funds, a modification to the TIF Plan must be implemented. The first part of this process is calling for a public hearing, and the attached resolution calls for the date to be set on June 22, 2009. Also attached is the schedule for the entire process. Recommendation: Staff recommends the motion as written Recommended Motion: MOT10N: Move to waive the reading of Resolution 2009-60, there being ample copies available to the public MOTION: Move to adopt Resolution 2009-60, Resolution Calling for a Public Hearing by the City Council on the Proposed Adoption of a Modification to the Downtown Central_ Business District (CBD) Revitalization Plan for CBD Revitalization Project and the proposed adoption of a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District, a Redevelopment District; for June 22, 2009. Attachments: Resolution 2009-60, Schedule of Events, EDA Action Letter of Aprit ~tS, LUU~ COUNCIL ACTION: 108 CITY OF COL IA HEIGHTS RESOLUTION NO 2009-60 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR CBD REVITALIZATION PROJECT AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT, A REDEVELOPMENT DISTRICT. RECITALS Section 1. Public Hearin. This Council shall meet on June 22, 2009, at approximately 7:00 P.1vt., to hold a public hearing on the proposed adoption of a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the proposed adoption of a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District ,which are referred to collectively herein as the "Modifications", all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearin, Filing of Modifications. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 13. The City Clerk is authorized and directed. to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 22, 2009, and to place a copy of the Modifications on file in the Community Development Director's office at City Hail and to make such copy available far inspection by the public. Passed this 11`h day of May 2009 Offered by: Second by: Roll call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, CMC City Clerk 109 C DULE F E COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA FOR THE MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT (a redevelopment district) Draft as of 1v_rav s, 2oa~ May 7, 2009 Project information (property identification numbers for proposed properly to be purchased, project description, and maps) for drafting necessary documentation sent to Ehlers. May 11, 2009 City Council calls for a public hearing on a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Modification of the University Avenue Redevelopment (C8) Tax Increment Financing District. May 12, 2008 Letter received. by County Commissioner giving notice of potential modification to a redevelopment tax increment imancing district (at Least 30 days prior to publication of public hearing notice.) [Ehlers cec Associates will fax and mail on Mav 12. 2f109. l May 22, 2009 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will,fax and mail on May 22, 2009) May 26, 2009 EDA adopts a resolution approving a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Modification of the University Avenue Redevelopment (C8) Tax Increment Financing District. June 2, 2009 Planning Commission reviews Modifications to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. ,Tune 4, 2009 Ehlers & Associates conducts internal review of the Modifications. trP s. ..:. LI L'FIMRfi4E 110 SCHEDULE F EVENTS -PAGE 2 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, NIINNESOTA FOR THE MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND THE MODIFICATION OF THE iTNIVERSITY AVENUE REDEVELOPMENT (CS) TAX INCREMENT FINANCING DISTRICT (a redevelopment district) June 11, 2009 Date of publication of hearing notice and map (at least l0 days but not more than 30 days prior to hearing). [Sun Focus publication deadline June 5, 2009 - Ehlers will submit notice & map on or before June S, 2009.) June 22, 2009 City Council holds a public hearing at 7:00 P.M. on the Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the Modification of the University Avenue Redevelopment (C8) Tax Increment Financing District and passes resolution approving the Modifications. [Ehlers will email Council packet information to the City on June 15, 2009.) By December 31, 2009 Ehlers files Modifications with the MN Department of Revenue, Office of the State Auditor, and Anoka County. *Because the City staff believes that the proposed Modification will not require unplanned county road improvements, the TIF Plan Modification was not forwarded to the County Board 45 days prior to the public hearing. The County Board, by iaw, has 45 days to review the TIF Plan to determine if any county roads will be impacted by the development. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3. must be commenced within the later of: (1) 180 days after the municipality's approval under section 469.175, subdivision 3; or (2j 90 days after the request for certification of the modified district is filed with the county auditor under section 469.1.77, subdivision 1. s --- ~ A . ~.- -- 111 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA} Meeting of: April 28, 2009 AGENDA SECTION: Business Items ORIGINATING EXECUTIVE NO: S DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Scattered Site TIF District BY: Scott Clark BY: DATE: April 24, 2009 `j --~ ^ ~ BACKGROUND: At the March 24, 2009 EDA meeting staff was given direction to proceed with providing more information to the Board in order to determine if a Scattered Site TIF District should be implemented. The purpose of this program would be to acquire and demolish the most blighted properties in the community that are currently for sale within the foreclosure market. Staff has determined that $998,020 of obligated tax increment revenue can be generated from the existing C8 TIF District, this includes existing fund balance plus increment receipts in 2009 and 2010 (this district will be decertified in 2010). Based on this revenue projection, staff is of the opinion that 15 to 18 houses could be purchased and demolished with these funds. The end objective would be to resell the lots at a future date (on an average staff views that 70% to 80% of the original acquisition price could. be recovered} and that tax increment would provide enough revenue to return, in full, the original acquisition and demolition price. The aforementioned assumption is based on the current pricing in the foreclosure market, especially in the area of small and functionally obsolete properties. The financial steps for this program would be twofold I) in order to "release" the existing C8 fund balance a TIF district modification would be needed to allow pooling and 2) the creation of a new Scattered Site TIF District to gain additional revenue. The City can start purchasing homes prior to the creation of the C8 modification as long as either an inter-fund loan agreement is made between the City (providing up-front financing) and the EDA, and that any home sold and demolished is memorialized by resolution. The mechanics of creating a new Scattered Site District is explained in a memo dated April 24, 2009 by the EDA Aitoi'iley. i"ti addition to tilt Ca° district fiiiidS, file A~iC7 d'estri%t will be decertified this year and approximately $110,000 of redistributed funds will be returned the City and. a policy discussion should be held if these monies should be melded into the Scattered Site Program. As a matter of policy staff recommends the following guidelines for acquisition: 1) An acquisition price point of $55,000 or less 2) All homes purchased will be demolished 3} Homes acquired should fall in one of the following categories: a. Evidence of structural failure b. Hazardous conditions including extensive mold c. Functional obsolescence (size of property, interior layout} d. Extensive physical deterioratior, 4} Residual vacant lots shall meet existing zoning standards far purposes of rebuilding 5) Recognition that extenuating circumstances illay require deviation from the above policies CO ATIO: Staff reconlillends implementing all necessary processes to create a 112 Scattered Site Housing District including the use all remaining TIF District C8 funds (fund balance and revenue derived until the end of the District in 2010) as a revenue source and the immediate acquisition of properties per the aforementioned policies. RECOJt~IlVIENDED MOTION: Motion to direct staff to implement all necessary processes to create a Scattered Site Housing District including the use of all remaining TIF District C8 funds (fund balance and revenue derived until the end of the District in 2010) as a revenue source and the immediate acquisition of properties per the policies as stated in this report dated April 24, 2009. EDA ACTION: 113 CITY COUNCIL LETTER Meeting of: May 11, 2009 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: I Community Development APPROVAL ITEM: Adopt Resolution 2009-62, authorizing BY: Scott Clark BY: G~- contract application for a DEED grant at DATE: May 7, 2009 ~...~ ,.-~~ 3930 Universit Avenue Background: This item appeared before the Council in October of 2008 but the request was not funded. The applicant is requesting the same action for the May application round at DEED. This request is for approval of a resolution authorizing a grant submittal to the Department of Employment and Economic Development (DEED) for contamination investigation (Phase I and Phase II site characterization) and formation of a remedial action plan for property at 3930 University Avenue. This property was subject to abatement actions in 2007 and past uses on the property indicate that contamination may be present. The mechanics of this grant is that the City applies for the grant, on behalf of the owner. The legal firm of Schleck and Associates, who will work with staff to complete the application, is doing the actual grant preparation. There is significant benefit to the City to sponsor this grant, as the completion and acceptance of a remedial action plan with the Pollution Control Agency allows for future grant applications for actual clean-up and %or clean-up by the property owner leading io redevelopment. The grant resolution, which states "committing local match", does not actually commit local dollars. This is a reimbursement grant, meaning that after the owner expends funds for investigation it will be the City applying for the reimbursement. The owner will receive only a 75% return of their request, as the other 25% is the match, albeit the funds do not come from the City. Staff will request a side letter from the property owner holding the City harmless from any costs associated with this grant. Recommendation: Staff recommends approval of Resolution 2009-62 as written. Recommended Motion: Move to waive the reading of Resolution 2009-62, there being an ample amount of copies available to the public. Move to Adapt Resolution 2009-62, a Resolution committing local match and authorizing contract signature for application of a Contamination Investigation and Remedial Action Plan (RAP) Grant far the property located at 3930 University Avenue. 4ttachrnents: Resolution 2009-62 COUNCIL ACTION: Ci:\Community Devel_apment\City Council\Council Letters\2009\Res.2009-62 Appl. DEED Grant-3930 University.doc 114 CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-62 A RESOLUTION COA~IlVIITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 55421 BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained. in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than May 1, 2009 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified. in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable taws and regulations as stated in all contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and. Economic Development (DEED) no later than 4:00 p.m., May 1, 2009 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE IT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. Passed this 11th day of May, 2009 Offered By: Second By: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 115 CITY COUNCIL LETTER Meeting of Mail I, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: ~'' Licenses ~ ~~ ~~~ NO; DATE: May 4, 2009 DATE: " ' Approval of the attached. list of rental housing license applications, in that they have met the requirements of rile Propeciy Pvlaiiiteiiaiice Codc. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May I I, 2009. COUNCIL ACTION: 116 List of 2008 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 20278 Ahmed Abdelhakim 4518 FILLMORE 05/04/2009 12:41 ~ 7 ~ Page 1 List of 2009 Rental Licenses to Approve Occupany I.D® Property Owner Name Properly Address 10013 Mile High Properties, LLC 10107 Midwest Realty Services 10130 Seubert,LLC 20138 Salvation Army Harbor Light 30004 ART Properties Management 34002-NC C.H. Properties 20001 Salman Ali 10178 Ellen Bach 10076 Lahoucine Baujnikh 10044 Thomas Blomberg 12041 Ronald Cadieux 30059 Lester Chies 20106 Ryan Diekow 10041 Mike Donnelly 20246 Stephen Dziedzic 30110 Grant Erickson 20302 Scott Fakler 12182 Chad Habeck 20138 Stephen Harsfield 10350 Jason Krambler 30162 Daniel Larson 20244 Steve Leske 20094 Rose Maciaszek 10102 Lawrence McCallum 10023 David Miller 10188 Kevin Mullen 10005 David Nelson 20271 Alice Nopola 30146 Scott Owens 30006-NC Theodore Parker 12037 W. Tarey Peterson 12208 Timothy Quass 12074 Mark Steffl 12061 Stephen Stenger 10021 Ray Swanson 30139 Ross Taormina 20017 Joseph Tohey 20186 Joseph Tohey 10225 Doug Wall 508 40TH 1171 49TH 3974 HAYES 1004 COULD 543 40TH 4655 5TH 1224 CIRCLE TERRACE 4415 MADISON 1400 PARKVIEW 4852 MONROE 665 45TH 4347 TYLER 204 42ND 4044 RESERVOIR 1260 CIRCLE TERRACE 538 SUMMIT 4943 JACKSON 1343 CIRCLE TERRACE 1004 COULD 4960 7TH 4556 TYLER 4526 TYLER 4357 WASHINGTON 4911 CENTRAL 4932 4TH 4149 POLK 3911 TYLER 4937 JACKSON 4032 VAN BUREN 3839 TYLER 3963 POLK 3727 RESERVOIR 936 42ND 3967 POLK 1329 41ST 5025 UNIVERSITY 1212 CIRCLE TERRACE 1230 CIRCLE TERRACE 4905 5TH 05/04/2009 12:37 1 ~ a Page 1 List of 2009 Rental Licenses to Approve Occupant' I.D. Property Owner Name Properly Address 20047 James Wegman 20220 Craig Wilson 3959 RESERVOIR 1153 CHEERY 05104/2009 12:37 ~1s Page 2 CITY COUNCIL LETTER Meeting of: May 11, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO DATE M 6 2009 BY r'''% ~ Sr®~ ~~ : : ay , : BACKGROUND/ANALYSIS Attached is the business license agenda for the May 11, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009, a Peddler License for Jamboree, and a Temporary Liquor License for The Lions Club for the fundraising event Saturday June 20, 2009. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. ~rnn~mr~nmLrr n,InminN. Move to approve the items as listed an the business license agenda for May 11, 2009 as presented. COUNCIL ACTION: 120 TO CITY COUNCIL May 11, 2009 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES 2009 BLDG American Air Supply 11257 207`" Ave NW, Elk River $60 *Arnold Bing Plumbing 5031 France Ave So, Mpls $60 *Larson Plumbing 3095 162°d Lane, Andover $60 later City W & S 11384 Crow River Dr NE, Hanover $60 Czars of Tar 18475 Rum River Blvd, Anoka $60 *United Prop. of America PO Box 227, Lake Elmo $60 *Erik Johnson Conc/Masonry3011 Pierce St, Mpls $60 All State Communications 800 Ind Drive, Sauk Rapids $60 *Simply Plumbing 12234 Ridgewood Dr, Elk River $60 *Custom Refrigeration 664 Mendelsohn Ave n, Golden V $60 *HO Soderlin Plumbing 3612 Cedar Ave So, Mpls $60 *Earth Wizards 1071 Co. Hwy 10, Spring Lake Pk $60 Donnelly Stucco 2700 30`h Ave So, Mpis $60 *EDS Bldrs 404A St Croix Trail, Lakeland $60 *Rob Garin Plumbing 19600 Tamarack St, Oak Grove $60 TEMPORARY BEER LICENSE POLICE Lions Club 530 Mili St-Huset Park For event of June 20, 2009 Fees to be waived PEDDLERS/SOLICITOR'S LICENSE POLi`~..E Cher vv'iia 1lv~. Ciedeia/Cure One Prv^iii^vti^vnS 1423 null°~.'.^,.^.d T n' ~/Tavoatsdnta T-Ttc $S(1 For Sat June 27, 2009 121 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 11, 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 130123 through 130293 in the amount of $ 919,859.76 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 122 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/07f2009 13;13:04 Check History GL05DS-V06.74 COVERPAGE GL540R **********************************************~.k******************ir************* * *** C 0 U N C I l~ * *** C O U N C I L * *** C O U N C I L * *** C 0 U N C I ):, **********************************************~k******************************** Report Selection: Optional Report Title.......05/11/2009 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Projeet ..................... Vendor ...................... Invoice ...................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ................ Cleared Date ................ Include Exp/Rev Closing Entries thru thru t)zru thru thru 130123 t).zru 130293 thru thru thru thru tlzru tlzru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 01 P4 Y S 6 066 10 Y Y 123 ACS FINANCIAL SYSTEM 05/07j2009 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 05/11/2009 COUNCIL L:CSTING CHECK NUMBER AMOUNT ACS INC 130123 159.75 AMERICAN BOTTLING COMPAN 130124 183.46 ANOKA COUNTY SHERIFFS DE 130125 221.26 ANOKA CTY - CENTRAL COMM 13+)126 791.25 ASPEN MILLS, INC. 130127 54.99 BELLBOY BAR SUPPLY 130128 420.03 BELLBOY CORPORATION 130129 11,630.01 BUREAU OF CRIMINAL APPRE 1307.30 630.00 CAFITOL BEVERAGE SALES L 130131 14,591.57 CENTER POINT ENERGY 130132 44,118.16 CHERNTN/ALEKSANDR 130133 180.00 CHISAGO LAKES DISTRIBUTI 130134 2,681.97 COCA-COLA BOTTLING MIDWE 130135 2,166.44 DANIMAL DISTRIBUTING INC 130136 127.56 DIGITAL ALLY INC 1307.37 10,685.00 EDS BUILDERS INC 130138 25,397.45 EXTREME BEVERAGE 130139 584.50 FARNER-BOCKEN 130140 6,794.64 GOURAS/TIM 130141 53.41 GRAPE BEGINNINGS INC 130142 1,288.75 GRIGGS-COOPER & CO 130143 52,540.38 HOHENSTEINS INC 130144 3,128.81 ITL PATCH COMPANY INC 130145 384.31 JJ TAYLOR DIST OF MN 130146 22,014.38 JOHNSON BROS. LIQUOR CO. 130147 88,578.22 MARK VII DIST. 130148 5,248.96 MN DEPT OF ADMINISTRATIO 130149 331.10 OLSON/STEVEN I 130150 43.56 PAT KERNS WINE MERCHANTS 130151 513.00 PAUSTIS & SONS WINE COMP 130152 1,672.98 PETTY CASH - KAREN OLSON 130153 110.76 PHILLIPS WINE & SPIRITS 130154 7,964.40 QUALITY WINE & SPIRITS 130155 22,673.54 QWEST BUSINESS SERVICES 130156 540.39 QWEST COMMUNICATIONS 130157 832.80 RJM DISTRIBUTING INC 130158 271.25 SHAMROCK GROUP-ACE ICE 130159 228.70 SPRINT INC 130160 122.97 STREICHER'S GUN'S INC/DO 130161 256.68 SURLY BREWING CO INC 130162 1,156.00 USA MOBILITY WIRELESS IN 130163 49.37 VINOCOPIA INC 130164 575.99 WINE MERCHANTS 130165 170.28 XCEL ENERGY (N S P) 130166 25,163.10 NORTHEAST BANK CREDIT CA 130168 0.00 AARP 130169 132.00 ALL SAFE FIRE & SECURITY 130170 81.75 124 ACS FINANCIAL SXSTEM 05/07/2009 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 05/11/2009 COUNCIL LISTING CH'3CK NUMBER AMOUNT AMERICAN BOTTLING COMPAN 130171 190.25 BELLBOY CORPORATION 130172 6,628.78 BERGGREN STEEL FABRICATI 130173 9,500.00 BRECKENITCH/LAURIE 130174 42.90 CAPITOL BEVERAGE SALES L 130175 13,446.52 CARTNEY/SHEILA 130176 52.30 CAT & FIDDLE BEVERAGE 130177 149.00 CHAMBERLAIN OIL COMPANY 130178 579.36 CHISAGO LAKES DISTRIBUTI 130179 1,680.46 CITY OF COLUMBIA HEIGHTS 130180 272,082.04 COLUMBIA HEIGHTS VOLUNTE 130181 2,000.00 COSTELLO/TOM 130182 65.29 CREATIVE FORMS & CONCEPT 130183 423.67 DANIMAL DISTRIBUTING INC 130184 1,694.40 EXTREME BEVERAGE 130185 583.00 GENUINE PARTS/NAPA AUTO 130186 117.63 GRIGGS-COOPER & CO 130187 13,211.55 HOHENSTEINS INC 130188 2,087.00 HONEYWELL INC 130189 11,822.74 INTEGRA TELECOM INC 130190 162.54 JJ TAYLOR DIST OF MN 130191 13,076.19 JOHNSON BROS. LIQUOR CO. 130192 22,238.40 LEGLER/ARDRA 130193 57.00 MARK VII DIST. 130194 15,518.10 MN MUNICIPAL BEVERAGE AS 130195 787.00 MOLIN CONCRETE PRODUCTS 130196 718.20 NAWROCKI/BRUCE 130197 199.30 NOETHE/AGATHA 130198 450.00 OFFICE DEPOT 130199 28.85 PETTY CASH - KAREN MOELL 130200 195.22 PHILLIPS WINE & SPIRITS 130201 4,768.43 QWEST COMMUNICATIONS 130202 40.50 RIGS AND SQUADS INC 130203 398.98 SHAMROCK GROUP-ACE ICE 130204 197.80 STREICHER'S GUN'S INC/DO 130205 1,858.71 T-MOBILE INC 130206 733.68 TCC DISTRIBUTORS INC 130207 69.22 THREE RIVERS UMPIRE ASSO 130208 1,200.00 VERIZON WIRELESS 130209 25.11 WINE MERCHANTS 130210 2,902.22 A & C SMALL ENGINE 130211 13.54 ACE HARDWARE 130212 70.97 ALL SAFE FIRE & SECURITY 130213 35.75 AMERIPRIDE LINEN INC 130214 199.29 ANOKA COUNTY LIBRARY 130215 3,521.18 ASPEN EQUIPMENT 130216 2,337.31 ASPEN MILLS, INC. 130217 348.48 125 ACS FINANCIAL SYSTEM 05/07/2009 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 05/11/2009 COUNCIL LISTING CHECK NUMBER AMOUNT ASTLEFORD INTERNATIONAL 130218 37.47 AUTOZONE STORES INC 130219 112.92 BAKER & TAYLOR 130220 3,217.80 BAKER & TAYLOR ENTERTAIN 130221 139.82 BARNA GUZY & STEFFEN LTD 13t)222 71.00 BATTERIES PLUS - 028 130223 70.26 BIG BOBS CARPET 130224 363.84 BIDS EASY LIFT INC 130225 84.55 BONESTROO 13()226 17,236.75 BUREAU OF CRIMINAL APPR 130227 50.00 CATCO PARTS SERVICE 130228 48.37 CENTRAL LOCK & SAFE 130229 72.85 CHAMBERLAIN OIL COMPANY 130230 318.65 CITY WIDE WINDOW SERVICE 13()231 78.00 CLARK PRODUCTS INC 130232 74.50 COMMERCIAL ASPHALT 130233 2,857.03 CONTRACTORS & SURVEYORS 130234 186.59 COORDINATED BUSINESS SYS 131)235 164.51 DAVES SPORT SHOP 130236 2,997.98 DEEP ROCK WATER COMPANY 130237 121.10 DELTA HOSPITAL SUPPLY IN 130238 94.65 DEMCO, INC. 130239 118.48 DISCOUNT STEEL INC 130240 42.60 EMERGENCY AUTOMOTIVE TEC 130241 274.77 FACTORY MOTOR PARTS INC 131)242 47.03 FIDELITY BUILDING SERVIC 130243 5,165.77 FIRST NATIONAL INSURANCE 130244 1,000.00 FLEX COMPENSATION, INC 130245 94.50 G & K SERVICES INC 130246 365.47 GAME TIME 131)247 2,123.97 GENUINE PARTS/NAPA AUTO 130248 187.08 GIS RANGERS LLC 130249 8,978.55 GOPHER SIGN CO. 130250 3,602.68 HARTLAND FUEL PRODUCTS L 130251 4,475.40 HD SUPPLY WATER WORKS 130252 496.00 HOME DEPOT #2802 130253 684.04 HONEYWELL INC 130254 1,752.05 INSITUFORM TECHNOLOGIES 130255 14,772.12 INTEGRATED LOSS CONTROL 130256 378.00 KENNEDY & GRAVEN 130257 912.25 LEAGUE OF MN CITIES INS 130258 1,000.00 MAIN STREET DESIGN 130259 745.96 MARSHALL CONCRETE PRODUC 130260 37.28 MENARDS CASHWAY LUMBER-F 13D261 92.83 METRO WELDING SUPPLY 130262 41.50 MIDWAI' FORD 130263 25.98 MIDWEST TAPE 130264 158.92 126 ACS FINANCIAL SYSTEM 05/07/2009 13 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 05/11/2009 COUNCIL LISTING MINNEAPOLIS SAW CO INC MINNESOTA SENIOR FEDERAT MOTOROLA INC, NORTHERN WATER WORKS SUP OFFICE DEPOT ORKIN INC PIONEER PRESS POLISH AMERICAN JOURNAL QWEST COMMUNICATIONS RDO EQUIPMENT REED BUSINESS INFORMATIO RICOH AMERICAS CORPORATI RUFFRIDGE-JOHNSON EQUIP. RYDBERG/SCOTT S & T OFFICE PRODUCTS IN SBSI INC SCHINDLER ELEVATOR CORP ST CROIX RECREATION CO I STAPLES BUSINESS ADVANTA SiJBURBAN RATE AUTHORITY StJN PUBLICATION INC T-MOBILE INC THOMSON GALE TRUGREEN CHEMLAWN UPSTART- DIVISION OF HIG VACKER SIGNS INC VER-TECH INC WHOLESALE TRUCK-TRLR PR WW GRAINGER,INC CHFsCK NUMBER AMOUNT 130265 37.28 130266 10.00 130267 18,168.16 130268 275.86 131)269 497.76 130270 68.60 13(}271 234.00 131)272 20.00 130273 159.74 130274 596.72 13t}275 263.22 13()276 8.90 130277 73.57 131)278 47.50 130279 329.25 13t)280 140.58 13()281 300.45 130282 53,500.28 130283 27.65 130284 800.00 130285 669.38 130286 91.82 130287 155.05 130288 399.67 13()289 330.00 130290 532.50 130291 29.90 131)292 33.64 131)293 31.67 919,859.76 *** 127 ACS FINANCIAL SYSTEM OSf07/2009 13 BANK VENDOR. REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 05f11/2009 COUNCIL LISTING CHECK NUMBER AMOUNT 919,859.76 RECORDS PRINTED - 001148 128 ACS FINANCIAL SYSTEM OSf0 7f2009 13:13:06 Check History FUND RECAP: FUND ---- DESC'RTPTION °--------------------------- DISBURSEMENTS 101 GENERAL 74,804.43 201 COMMUNITY DEVELOPMENT FUND 238.84 212 STATE AID MAINTENANCE 1,469.34 240 LIBRARY 15,211.71 261 AFTER-SCHOOL PROGRAMS 330.00 265 FORFEITURE FUND 3,519.41 270 POLICE COMMUNITY PROGRAMS 56.79 272 POLICE GRANTS-OTHER 8,000.00 402 STATE AID CONSTRUCTION 17,236.75 412 CAPITAL IMPROVEMENT PARKS 54,032.78 417 PUB SAFETY BLDG CONSTRUCTION 35,615.65 431 CAP EQUIP REPLACE-GENERAL 4,569.31 434 CAP EQUIP REPLACE - GARAGE 37.28 601 WATER UTILITY 5,780.52 602 SEWER UTILITY 1,288.91 603 REFUSE FUND 16.39 604 STORM SEWER UTILITY 224.01 609 LIQUOR 357,226.77 652 SEWER CONSTRUCTION FUND 14,772.12 701 CENTRAL GARAGE 38,890.65 720 INFORMATION SYSTEMS 1,068.39 875 FISCAL AGENCY: GIS RANGER 8,978.55 881 CONTRIBUTED PROJECTS-REC 1,774.05 883 CONTRIBUTED PROJECTS-OTHER 540.57 884 INSURANCE 2,000.00 885 PAYROLL FUND 272,082.04 887 FLEX BENEFIT FUND 94.50 TOTAL ALL FUNDS 919,859.76 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 919,859.76 TOTAL ALL BANKS 919,859.76 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 129 CITY COUNCIL LETTER Meeting of May 11, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPT.: CITY MANAGER NO: A Community Development APPROVAL ITEM: Adopt Resolution 2009-58, Modification BY: Scott Clark BY: (df'~'"~'~~,.~ to K-Mart/Central Ave TIF Plan (47t" and DATE: May 4, 2009 Central) BACKGROUND: The item for review by the City Council is a tax increment plan modification for the K- Mart/Central Ave Tax Increment Financing District. Based on State law, the Council must conduct a public hearing for this item; all other statutory items have been conducted including submittals to the School District and Anoka County, review by the EDA and the Planning Commission. It is important to note that no new increment is being proposed and the net effect of this Plan is a district geographic mod cation. Highlights of the Plan are as follows: Note: Due to the size of the TIF Plan (50 plus pages) staff has attached a four page "Overview Summary"-any Council member or member of the public may view this document at the Community Development Department and a copy will be available at the Council meeting). i) 1 IF budgets are constructed as a "not-to-exceed" budget rather than an expected budget of costs. Since the original budget had a future value use of funds of $10,195,800 (principle and interest) and the combined old and new district tax increment expenditures will not exceed this, no substantive budget amendment is being made, only a geographical amendment to allow future expenditures in the Sheffield neighborhood. 2} The key element of the Plan is the use of unobligated tax increment from the original district (condominium project north of 47`") as a revenue source for redevelopment in the Heritage Height (Sheffield) neighborhood. The Plan provides for a wide range of redevelopment work that could be used including, but not limited to, acquisition, demolition, rehabilitation, utility and street work, etc. 3) The number of homes included in the amended district area is 55 parcels. Staff has conducted the rigorous redevelopment tests necessary to certify this area as a renovation and renewal area. 7) The Plan ackncwledges that the City maybe a beneficiary of a State lave change that would extend the "five-year rule" to a "ten-year rule." The net effect of this is that the "five-year" rule would only allow the City to use unobligated tax increment from the existing Phase I condo project (assuming that a bond, which is in process before the City Council, is in place by July 23, 2009) into the new geographic area for redevelopment purposes. The "ten-year" rule would allow future unobligated tax increment review (priYnarily front condo phase II and III} from the original prcject to be used in the new area, again for redevelopment purposes. Although not specified in the Plan, but included within the budget authority, the City/EDA anticipates the sale of a taxable GO tax increment bond in the amount of $930,000 to be sold and available by early summer of this year. The EDA adopted this plan. modification at their April 28, 2009 meeting. Recommendation: Staff recommends approval of the motion as written Recommended Motion: MOTION: Move to waive the reading of Resolution 2009-58, there being an aanple amount of copies available to the public MOTION: Move to Adopt Resolution 2009-58, a Resolution Adapting a modification to the Downtown 130 Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project; and a modification to the Tax lncrernent Financing Plan for the K-Mart/Central Avenue Tax Increment Financing District Attachments: Kesolution ZUUy-JS, lax Increment rmancm~ ll~stnct COUNCIL ACTION: 131 CITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2009-58 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD} REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT; AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT. RECITALS Section 1. 1.01. The Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("EDA"} has heretofore established the CBD Redevelopment Project and adopted the Downtown CBD Revitalization Plan, therefore it has been proposed. by the EDA and. the City that the City adopt a Modification to the Downtown CBD Revitalization Plan (the "Revitalization Plan Modification") for the CBD Redevelopment Project and a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for the K-Mart/Central Avenue Tax increment Financing District (the Revitalization Plan Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications"), ail pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.00] to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act'°) all as reflected in the Modifications, and presented for t11e Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction ove~° the property to be included in the K-Mart/Central Avenue Tax Increment Financing District, a review of and written comment an the Modifications by the City Planning Commission, approval of the Modifications by the EDA on April 28, 2009, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Modifications and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Modifications. The Reports include data, information and/or substantiation constituting or relating to the basis far the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in hill herein. 1.05 The City is not modifying the boundaries of the CBD Redevelopment Project. Section 2. Findings for the Adoption and Approval of the Modifications 2.01. The Council hereby finds that the Modifications, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest 132 and accomplish certain objectives as specified in the Modifications, which are hereby incorporated herein. 2.02. The Council hereby finds that parcels listed in Appendix C of the TIF Plan Modification should be included in the K-Mart/Central Avenue Tax Increment Financing District, and adjacent streets and right-of way property; thereby changing the geographic shape of the K-Mart/Central Avenue Tax Increment Financing District. 2.03. The addition of the above-referenced parcels constitute the TIF Plan Modification for the K-Mart/Central Avenue Tax Increment Financing District, and staff is directed to maintain a copy of this resolution with the records for the K-Mart/Central Avenue Tax Increment Financing District. Section 3. Findings for the Modification of the K-Mart/Central Avenue Tax Increment Financing District 3.01. The Council hereby reaffirms the original findings for the K-Mart/Central Avenue Tax Increment Financing District, established as a "renewal and renovation district". 3.02. The Council hereby finds that the area added to the K-Mart/Central Avenue Tax Increment Financing District meets the requirements fora "renewal and renovation district" wider Minnesota Statutes, Section 469. i 74, Subd. i Oa. 3.03. The Council reaffirms the original findings that the proposed redevelopment would not occur solely through. private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected. to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the T1F Plan, that the Modifications conform to the general plan for the development or redevelopment of the City as a whole; and that the Modifications will afford maximum. opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts far each determination in writing, attached hereto as Exhibit A. 3.05. The City reaffirms to calculate fiscal Minnesota Statutes, Section 469.177, Subd. 3, clause b, would be taken from inside the District. disparities for the District in accordance with which means the fiscal disparities contribution Section. 4. Public Purpose 4.01.. The adoption. of the Modifications conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, and will revitalize an area characterized by blight and occupied by substandard buildings, and expand the tax base of the City, and thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council on ti~is date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and. shall be placed on file in the office of the Community Development Director. 133 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the parcels being added to the K-Mart/Central Avenue Tax Increment Financing District, as described. in the Modifications, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the EDA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the I8 months immediately preceding the adoption of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Modifications with the Commissioner of the Mimnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Passed this 11 `h day of May 2009 Offered by: Second by: Roll call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz, CMC City Clerk 134 EXHIBIT A RESOLUTION N0.2009-58 The reasons and facts supporting the findings for the adoption of a Modification to the Tax Increment Financing (TIF) Plan for the K-MartlCentral Avenue Tax Increment Financing District (District), as required pursuant to Minnesota Statutes, Section 469.175, Subd. 3, are as follows: 1. Finding that the area added to the District meets the requirements for a redevelopment district, as defined in M.S., Section 469.174, Subd. 10a. The Modification adds 55 parcels to the existing District, with plans to redevelop the area for housing and commercial purposes. Parcels consisting of more than 70 percent of the area in the modified portion of the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 20 percent of the buildings in the District are structurally substandard, and more than 30 percent are requiring substantial renovation or clearance. (See Appendix F of the TIF Plan) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely throa~gh private investment within the reasonably foreseeable futa~re and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occw^ solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this TIF Plan meets the City's objectives for redevelopment. The expansion area being added to the District is occupied by a number of residential units that are vacant due to foreclosure. The private market does not have the ability to purchase these units to provide for a comprehensive redevelopment. Many of the homes are in such disrepair that demolition wilt need to occur and others require extensive rehabilitation, above what the market can bear for the value and/or purchase of the homes. The economic downturn in the overall housing market adds stress to this declining neighborhood and without public intervention, the homes will remain vacant and dilapidated. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result fi^om the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: The values of the housing units in this area only continue to decline due to the high number of foreclosures and dilapidated. housing units. The City has no reason to believe that the market value will increase anytime in the near future without public intervention. Even with redevelopment, the City earl only hope that market values can be preserved. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. 135 b. If the proposed development occurs, the total increase in market value will be $6],240,900 (see Cashflow in Appendix D of the TIF Plan). The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $5,725,538 (see Cashflow in Appendix D of the TIF Plan), d. Even if some development other than the proposed. development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $55,515,362 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan Modification for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan Modification and found that the TIF Plan Modification conforms to the general development plan of the City. 4. Finding that the TIF Plan Modification for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, ,for the development or redevelopment of the CBD Redevelopment Project oy p~°vate enterprise. The project to be assisted by the District will result in the creation of quality housing, the preservation and enhancement of the tax base and the redevelopment of substandard properties. 136 Tax Increment Financing District Overview City of Columbia Heights K-Mart/Central ~4venue Tax Increment Financing District 2009 Modification The following summary contains an overview of the basic elements of the Modification Tax Increment of the K-Mart/Central Avenue Tax Increment Financing District. More detailed information on each of these topics can be found in the complete Modification to the Tax Increment Financing Plan. Proposed Action: Modification of the K-Mart/Central Avenue Tax Increment Financing District (District) and the adoption of a Modification to the Tax Increment Financing Plan (TIF Plan). Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project. (This modification represents a continuation of the goals and objectives set forth in the Downtown CBD Revitalization Plan for the CBD Redevelopment Project. Generally, the substantive changes include the modification of the District.) Type of District: Existing renewal and renovation district Proposed The TIF Plan is being modified to expand the boundaries of the District to Modification: add 55 parcels. The EDA and the City desire to continue redevelopment and development of blighted and underdeveloped property in the City. New redevelopment opportunities have arisen in the area adjacent to the District due to a high number of foreclosures. The proposed redevelopment will allow the City to acquire, rehabilitate and/or demolish existing residential. and commercial units and resell the rehabilitated homes and/or residential or commercial lots. In addition, it will allow the City to make necessary public improvements to roadways, alleys, sidewalks and utilities as required.. The District is also being modified to incorporate pending legislation. This legislation is to extend the five-year rule to ten years to allow the City to expend dollars to address the housing redevelopment needs in the expanded area. If this legislation is not passed, the deadline for the five-year rule will remain July 23, 2009. If the legislation is approved, then the new deadline is July 23, 2014. In addition, the modification will update the budget to reflect actual project activity/development to date. Please see Appendix A of the TIF Plan for more information. .- rs &~ ~t ss 3 LEADERS IN PUBLIC FINANCE Parcel Numbers: 55 parcels are being added to the District. Please see Appendix C of the TIF Plan for the list of parcels to be included in the District. Mazimum The modification does not change the term of the District. The first Duration: increment was received in 2005. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2020. Estimated Annual Up to $656,468 (No change from original TIF Plan estimates.) Tag Increment: Authorized Uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition .................................................. $3,500,000 Site Improvements/Preparation ........................................... ...$500,000 Public Utilities .................................................................... ...$500,000 Parking Facilities ................................................................ $2,000,000 Streets and Sidewalks ......................................................... ...$200,000 Interest ................................................................................ $2,576,220 Administrative Costs (up to 10%} ....................................... $1,019,580 I'RD.DE~'li C®~ ~ ~ ~ L''li AI. ........................................... ~ II;,29S.g"d The original budget in the TIF Plan authorized a maximum of $10, l 95,800 in costs. $100,000 was added. to the budget to reflect investment income that is expected to be received over the term of the District. See Subsection 2-10, on pages 2-9 and 2-10 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and bonded indebtedness. 5 Year Rule Within 5 years of certification revenues derived from tax increments must be (§ 469.1763 Subd 3) expended or obligated to be expended. Any obligations in the District made after approximately July 23, 2009*, will not be eligible for repayment from tax increments. *Pet2r1?ng _1eg?Slntir~a~_ Thic 1Pgislation is to PxtPnd the fve-year rule to ten years to allow the City to expend dollars to address the housing redevelopment needs in the expanded area. If this legislation is not passed, the deadline for the five-year rule will remain July 23, 2009. If the legislation is approved, then the new deadline is July 23, 2014. The reasons and facts supporting the findings for the adoption of the TIF Plan Modification for the District, as required pursuant to M.S., Section X69.175, Subd. 3, are included in Exhibit A of the City resolution. Page 2 ~~-- - -® ~~'_ -i _ ^ lEkOERS IN PUBLIG FlNANCE 138 original and Amended K-IvtartiCentral Avenue Tax Increment Financing district Central Business District Redevelopment Project City of Columbia Heights Anoka County, Minnesota Are i tc !nc em n Pina~,c ~ D's to ~~ T I ~-= ~ ~ ~- --CC- i ~~~ ~~ ~ t_>_ I~~'-4y1 a ~ ~ ~ 1T'+t ~r ,T i ~ Ali i ~ ~' ~~ I --"rl~ - .~~ '. it y~,~~ ~2. ( ~2~ '~ "r ' i ity ~f ~ ' _ r ~i I i ~~ ~ -~ i ~ - r. r, ~ ~ t ,. ~_~ ~ I ~i ~ i== ~ ~'' r vote.„~.-~, , - ir~;= -~ ~ I r ~ I, ~, , T -~ t• :~_ ~~ __. -~- ~. ~_ i....J^ I ~ -~ ~ ~ .Zy, rf1OL1..111.. 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F~ru,at~~,a11 Clistrir~t ~®,e ,/? ,~ ~:x1_lut1~~{ =err:,{-:~Iti L~,catan t~.`a~i g'a~e 4 . - _-. ~ ~ ~ =~ -~ E_-w_ LEADERS lP~ PUBLfC Fl(Vt1NCE 140 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: May 11, 2009 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 1st Reading: Ordinance 1565, Zoning BY: Jeff Sargent, City Planner BY: j ^'~d ~ ~0~'( Amendment to rezone 4337 University Avenue DATE: May 6, 2009 from LB to R-2A. BACKGROUND: At this time, Mr. Alan Wiggins is requesting a zoning amendment to rezone the property at 4337 University Avenue from LB, Limited Business, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence. The LB, Limited Business zoning classification does not permit single-family dwelling units as a permitted use. For this reason, the property was considered legally nonconforming when it was being used as asingle-family house. Minnesota State Statutes state that ail nonconformities may continue their existence until the nonconformity or occupancy is discontinued for a period of more than one year. In 2007, the property went into foreclosure and the house became vacant. Last month, the applicant purchased the property with the intent of residing in it. Staff informed Mr. Wiggins that the property was considered nonconforming in that the one-year period had elapsed and single-family uses were not permitted in the LB, Limited Business zoning classification. At that time, the applicant inquired about rezoning the property to R-2A, One and Two Family Residential so that the property may be reoccupied as asingle-family use. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1565, being ample copies available to the public. Move to set the second reading of Ordinance No. 1.565, for Tuesday, May 26, 2009, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Di^aft Ordinance 1565 (1'" Readin Format), P+Z Re ort COUNCIL ACTION 141 ORDINANCE 1565 CITY OF COLUMBIA HEIGHTS, lYIINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO.142$, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4337 UNIVERSITY AVENUE NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, the historic use of the property has been single-family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate. WHEREAS, rezoning the subject parcel from LB, Limited Business to R-2A, One and Two Family Residential provides the re-occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to R-2A, One and Two Family Residential. SECTION 2: 1 his ordinance si~aii be in fuit force and effect tram and after 30 days after its passage. First RPading~ Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 142 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0502 DATE: May 5, 2009 TO: Columbia Heights Planning Commission APPLICANT: Alan C. Wiggins LOCATION: 4337 University Avenue REQUEST: Rezoning of property from LB to R-2A PREPARED BY: Jeff Sargent, City Planner BACKGROUND At this time, Mr. Alan Wiggins is requesting a zoning amendment to rezone the property at 4337 University Avenue from LB, Limited Business, to R-2A, One and Two Family Residential. The previous use of the property was asingle-family residence. The LB, Limited Business zoning classification does not permit single-family dwelling units as a permitted use. For this reason, the property was considered legally nonconforming when it was being used as a single-family house. Minnesota State Statutes state that all nonconformities may continue their existence until the nonconformity or occupancy is discontinued for a period of more than one year. In 2007, the property went into foreclosure and the house became vacant. Last month, the applicant purchased the property with the intent of residing in it. Staff informed Mr. Wiggins that the property was considered nonconforming in that the one- year period had elapsed and single-family uses were not permitted in the LB, Limited Business zoning classification. At that time, the applicant inquired about rezoning the property to R-2A, One and Two Family Residential so that the property maybe reoccupied as asingle-family use. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property Transit Oriented Development (TOD}. This guidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. Asingle-family use would be consistent with the appropriate uses for this Comprehensive Plan guidance. City of Columbia Heights Planning Commission May 5, 2009 Alan Co Wiggins, 4337 University Avenue Case # 2009-0502 ZONING ORDINANCE The subject property is currently zoned LB, Limited Business, as are the properties to the north, The property directly to the south is zoned R-2A, One and Two Family Residential. The proposed zoning classification for the subject property is also R-2A, One and Two Family Residential, and would be consistent with the zoning classification in the area. Rezoning the property would also be consistent with the historic use of the property as a single-family house. FINDINGS OF FACT Section 9.104 (F} of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property Transit Oriented Development (T ODj. This guidance afiows for a mixture of neighborhood service- oriented development with varying densities of residential development. A single- family use would be consistent with the appropriate uses for this Comprehensive Plan guidance. 2. The amendment is in the. public interest and is not solely for the benefit of a single property owner. Although the proposed rezoning of the property at 4337 University is via request from a single property owner, the benefit of the property being rezoned is to the public. Without the rezoning, the house would sit vacant indefinitely, or until a prospective developer would purchase the land for redevelopment. Staff recommends rezoning the parcel to enable the historic use of the property to continue. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The previous use of the property was asingle-family house. The proposed zoning classificatian is consistent with the zoning classification in the general area, and the proposed use of the property is consistent with the historic use of the property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Page ? 144 City of Columbia Heights Planning Commission May 5, 2009 Alan C, Wiggins, 4337 University Avenue Case # 2009-0502 It is unclear as to why the property was originally zoned LB, Limited Business. It is conceivable that the intersection of 44th Avenue and University Avenue could be redeveloped into a commercial entity, and that the property at 4337 University Avenue was included in the LB District to ensure that enough land was set aside for such a development. With that said, the property directly to the north is used for multi-family residency, and the likelihood of that intersection being redeveloped is slim. The change in the trend of development is that redevelopment of the area into a conforming use is not likely to occur. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the rezoning of the property located at 4337 University Avenue from LB. Limited Business to R- 2A, One and Two Family Residential. Attachments • Location Map • Zoning Map • Draft Rezoning Ordinance Page 3 145 4337 University Avenue 4456 4452 4457 4448 4844 4445 4440 4439 4436 4432 4424 442 4420 4421 4415 4417 4412 4415 4408 N 4404 ~ 4407 215 N E' 4453 4446 4445 4440 ,~1 4436 4433 4432 4429 4426 4425 4420 4421 4416 4417 4408 4411 4404 ~ 4400 ~ 301 AVE 4359 eF 00 N O O O N r N N r c~v ~ ~ 4351 4343 4344 4337 4330 4331 4325 4323 x322 4319 313 4312 4319 Cfi~U~lITTE 4310 4317 4305 ~, ,~ ~~ ~ 4304 4301 4301 4300 4259 4333 4256 4253 4255 4252 4 4248 4247 4241 l11 42 Q 4241 4242 4237 4232 4233 4233 ~ i.l.i 4219 ~ 4213 z 42 4200 ~ 233 /~'1 UNITS: 420 120 241 4157 N 4171 UNITS 4147 N N N N N : +o+ar-'d°3 4143 4 160 ~+-a~a 4137 4790 4179 U i , NITS. o - w 4133 at <+ 7 ss ~ ff d +-a~s ~ ~ 4141 4127 a799 ° se UNITS loa-do® 4125 i ~ atst 130 L01~~ 4121 4 U Nlrs _.. _.. _ ~ 1 o1-1os 4141 44TH AVE 59 56 4357 4356 5 4351 3 4350 5 4345 4347 '346 4343 4332 4335 4328 4335 4329 4326 3 4323 4324 6 4316 4319 4320 4315 4314 4309 4308 4311 4306 4307 0 4303 ~~ 43RD AVE 4257 4256 4257 4256 4257 4256 4253 4252 4253 4254 4251 4250 1- 4249 4246 ~ 4245 4250 ~ 4245 4244 ~ 4245 4244 4244 ~ 4241 4242 4243 4240 4241 4240 4237 4236 4237 4236 4237 4236 4233 4232 4233 4232 4233 4232 4229 4228 4229 4228 4231 4230 4227 4224 4225 4224 4225 4226 4223 4220 4221 4220 4223 4222 4219 4216 4217 4218 4217 4216 4213 4212 4213 4209 4212 4211 4208 4209 4208 4205 4206 Z 4205 4204 = 4205 4204 ~ 401 4200 ~ 4201 4200 ~ 4201 4200 r ~ a~Nn AVE 4156 """ ---- 4149 4154 4141 4144 4145 4144 5 4142 4136 4136 „ Location Map 4511 4512 4513 '~10 4507 ~` 6 4505 4504 4507 4506 c u' ~ 4510 4501 4500 4501 425 4501 4500 `_ 4500 45TH AVE 4456 ~ 4457 ~ 4455 4452 ~ 4456 ~ 4457 4452 ~ ~ vy ~ 4448 4451 4451 4444 4444 4441 4440 0 4438 4436 4437 4433 4432 4429 4428 4428 4425 25 4420 4420 4417 4418 2 4412 4412 _ 315 44p4 ~ { - 07 4400 ~ ~ 320 M M Q 8 4337 4325 4334 4328 4321 4324 43zo 4315 4316 4307 4308 4305 4255 4245 4211 4205 4300 4256 4250 4244 4236 4232 4226 4220 4212 349 146 Current Zoning LB, Limited Business x,e ~,,,. . ,.€ ___._ ~ R-2A -One and Two Family Residential R-26 -One and Two Family Residential R-3 -Multiple Family Residential `~ 4433: 4432 4433 4 3 4432 4429 4428 4429 442 4426 4425 4425 5 421 4420 4421 4420 21 442 17 4416 4417 4417 4416 13 441 415 4412 4408 4411 4408 = 4409 0 p7 4404 ~ 315 4404 1- 4405 4400 ~ 301 4400 ~ 4401 AVE 4359 0 0 ~ 5 435 o N 32 M ~ 4353 35 c N ~ ~ 4351 43 48 4349-' 43 4343 4347 4344 3 4344 4341 4337 4337 4340 43 4330 4331' 4325 4334 4335 43 4328 43 4322 4323 4321 4324 ' : 25 4 21 43 4320 4315 4316 4317 - aa~a 4~ig' a3o7 4308 Visas 43 4304 4305 4305 43 4301 4303 4301 43 4300 . 4301 4300 4256 4255 4256 ~ 4La7 42 4252 4255 ~ 4248 4250 4251 42 Proposed Zoning 4433 4433 4432 33 3 4432 4429 4428 `~ 9 442 4426 4425 4425 4420 421 4420 4421 442 17 4418 4417 4417 4416 4413 441 415 4412 4408 4411 4408 ~ 0 407 4404 ® 315 4404 F- 4400 ~ 307 4400 ~ ~ 440 AV E . 4359 0 0 ~ 4357 N 32 M ~ 4353 °a N N N a 43b1 434 4343 4347 4344 43 43 4344 : 4337 4337 . 4340 34 37 3 4330 4331 4325 4334 4335 4328':. 43 4323' 4324- 4 25 43 4322 4321 4320 4321 4315 4316 43 7 4312 4319 43 .4310'.'. 4317 4307 4308: 4309 43 4304 .. .. 4305 4305 4301' 4303 301 3 4300 4300 4301 4256 4255 4256 4257 42 4252 4255 4248- 4250 4251 42 147 COLUMBL4 HEIGHTS CITY COUNCIL LETTER Meeting of: May 11, 2009 AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Adopt Resolution 2009-61, being a BY: Jeff Sargent, City Planner BY: Resolution Approving a Conditional Use DATE: May 6, 2009 Permit a digital LED sign at 4950 Central Avenue. BACKGROUND: The City of Columbia Heights just recently approved a Zoning Amendment that requires a CUP for all new digital LED signs installed within the City. At this time, Top Value Liquor is requesting a CUP in order to comply with the City Code. Top Value Liquor is requesting the propased LED sign to be attached to the existing freestanding monument sign for the store. The LED portion of the sign will be 20 square feet, which is the maximum allowable by City Code. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. The proposed sign will meet all the minimum requirements set forth in the Sign Code as they related to digital LED signs. RECOMMENDATION: The Planning Commission recommended approval of the Conditional Use Permit with a 4-1 vote at the May 5, 2009 Planning CotiirC~issioii tiieeting. RECOMI!!>~NDED MOTION: Move to waive the reading of Resolution 2009-61, there being ample copies available to the public. Move to adopt Resolution No. 2009-61, approving a Conditional Use Permit for a digital LED sign for Top Value Liquor Located at 4950 Central Avenue, subject to the conditions outlined in Resolution No. 2009-61. ~ttachn~ents: Resolution 2009-61; P+ZMetno; Location Ma ,Site Plara, Si n Detail COUNCIL ACTION: 148 RESOLUTION N0.2009-61 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WEiEREAS, a proposal (Case #2009-0503) has been submitted by Top Value Liquor to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4950 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEhS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.1.06 (P)(13)(c)I, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on Mav 5, 2009; WHEREAS, the City Council has considered the advice and. recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and. welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1, The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained. in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6, The use and property upon which the use is [ocated are adequately served by essential public facilities and services. 7, Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. S, The use will not cause a negative cumulative effect, when considered in canjunetion with the 149 Resolution No. 2009-61 P cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and. approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar,year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4, The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. ~. The d j'namie LFT1 cigrpc m~ct he r~eciggperl and eq~iiprY}ed tcti free?P rhP cleyice_, in one nClst_tiCln if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. Passed this 11 `~' day of May 2009 150 Resolution No. 2009-61 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 151 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0503 DATE: May 5, 2009 TO: Columbia Heights Planning Commission APPLICANT: Top Value Liquor LOCATION: 4950 Central Avenue REQUEST: Conditional Use Permit for LED Sign PREPARED BY: Jeff Sargent, City Planner INTRODUCTION The City of Columbia Heights just recently approved a Zoning Amendment that requires a Conditional Use Permit (CUP) for all new digital LED signs installed within the City. At this time Top Value Liquor, a municipal liquor store, is requesting a CUP in order to comply with the City Code. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used for a new commercial redevelopment. ZONING ORDINANCE The property located at 4950 Central Avenue NE is zoned GB, General Business, as are the properties to the north, east and south. The properties to the west are zoned R- 2A and R-2B, One and Two Family Residential. Digital LED signs are permitted as a Conditional Use in the GB, General Business District. Top Value Liquor is requesting the proposed LED sign to be attached to the existing freestanding monument sign for the store. The LED portion of the sign will be 20 City of Columbia Heights Planning Commission May 5, 2009 Top Value Liquor -LED Signage Case # 2009-0503 square feet, which is the maximum allowable by City Code. Top Value Liquor will also be required to meet all other regulations governing LED signs, which have been attached as conditions of approval. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b} The use is in harmo~ y with the general purpose and intent Cf the Comprehensive Plan. The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used for a new commercial redevelopment. (c} The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a limiting disturbing influence on neighboring properties. Given the location of the proposed sign and its orientation to Central Avenue, staff feels that the use will not impose hazards on the neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at 495Q Central Avenue. Page 2 153 City of Columbia Heights Planning Commission May 5, 2009 Top Value Liquor -LED Signage Case # 2009-0503 (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g} Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use of a digital LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed CUP for a digital LED sign for the Top Value Liquor Store located at 4950 Central Avenue. Motion: That the Planning Commission recommends that the City Council approve the Conditional Use Permit for a for a digital LED sign for the Tap Value Liquor Store located at 4950 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: The dynamic LED signs may occupy no more than fifty percent (50%} of the actual copy and graphic area. The remainder of the sign must not have the Page 3 154 City of Columbia Heights Planning Commission May 5, 2009 Top Value Liquor -LED Signage Case # 2009-0503 capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10} minutes, except one for which changes are necessary to correct hour-and- minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct iiiur~r~iriatiori change fror-r~i a i~igirer illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 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J e p4 1j ~ ~ A 115 = N ~ -i m m O ~ DWE I 2 - -`~„ - PROPERTY LINE sig _~ Nf.W MONUMENT SIGN LOCATION JU ~ 3 ~a.~~, ----~ --_.~~ ~~ I I u ~o OWNER ~" i ~-_ PREVIOUS J U ~ ------ ~- ~ Pf?OPOSED LOCATION OF MONUMENT SIGN 2 I I COLUMBIA H EIG HTS LIQ U O R STO R ES COLUMBIA HEIGHTS, MN ISSUED: i HEREBY CERTIFY ;HAT THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT ARCHRECO N~HE S ATE OF MINNESOTA. EIVSED SHEET N0. OERTEL DESCRIPTION: PLOTTED: 8-24-2007 SIGNATURE DATE ARCHITECTS 179b5t INT CLAIR A%E. J ST. PAUL, MN 55105 SITE LOCATION Flt£ NAME: A0.1-0707.dwg REGISTRATION ( 1696-5186 (651) 696-5188 FAX www.oertelarchitects.com --off, ,.''.,,~~^~,u~s~--^-~y$_ ~' .' ., -k ~ :, r ~ ~ " ~_ ~'~ ;~ !.?., ~ r~~~-,X ~: ~' p3f ~4 ~ .tad "~.+ ",D ~. , , ~ j, t j ~ "' l jl ~p ~„ w~ : ,~~ rye` ,~ .i r. _ _ _ .,. ~ ~ { - - „~ - -. .,_ ._ "-°r ~ ~ ~~-: ~~~~F~~7 ~;~I ~~~QP ~4 ~~~~~^~~~h~w t~~~~ ~1~~~~~60 `f- ~ ~ ~ a. -~i C ~ ~ ~' r ,u~tr 2~~~ ~r~~ ~i { `~r{ 7a~4;~~._l Fjr aHe~Y~ ~~ 1 a ~ a.~~,[~~ ti i.,-~ 1 r. s n ~ ~, .-s ! ~ - _ ~ ....... -~ ~, _;1~ ~ `~ ,: _ > ~ '~ .. ~, _. °- _ . _ _ ~, ~~- ~ =~ t ?. ~ : ~.+ ~, - ~, ~. w ~ i. - ~ ~ -- t ~ ^ - ~ ~ ~ -~. r s - fir' € a y} _ ,..,. _ _ -a ,tr, mn - - .: t ~~ a ,,~ r ~.° e^:~ -~ fit, '~.,...4 _-__ ~ ~ ~ .h`•3 _~j ~ 3~ ~~, ~ ~h,P~~ r _~~~ S-V- ~ k;ema"""r;"'- ~~..~~ ~ rC.z. '~° „~ ,&: - .s is ~. °' _ n.za. _. .m„ Y.~ s - ~ - ro+ - Y „y 'A, Y - - - .. ""mow ~ - - ~ - ,.. .. « 158 ~,,.,, ,> ~ - ~. ~r 1'{" ,..:~-'•`. `:rv`~t~:a`t°r'tc`°~_ _ swuHu~ ..-.^^" -^^ -g"~•' r'y i ~ ~-~ 4 ~ ~ __.. ... ,. '. 1 :~~ ~ ~ 1 ~ -.. yE,~ '' fi P 't° ~~2ci ~, 5~~ ~ ~..3 _ r _ .~ .~~ ~~...-...us ~~ ~z ao d~ta~"~~..e.~ -^i-'~ `~ ~ ~~~ ~ ~~ ~ ~ 1 ~~ _ .~ yr+ ~' t~~ ~ _---, .._ =e } ~ J } ( ~ ~mv ~1 ~ y .F F. ~ y r L i ,, z~ ,. ,~ ,.~a ;Std' ~ ~ _ _.; .. ° . ......~..> _ . ,: ~ _ -`~d ~ ~ ° „_ - _ ~ - - ~__ _ .~`,y, ~ _, _ w NMS"bn _ _ - .wry ~-.mY!"4.....ur. a ~.: -.. a ~ _ ?~ "` tea. '"~" "~., ~ J ~ _ - --- ~ _ li ~ "'F' ::L ~ +. .~..- T ~ _ - - .. d, ¢• - - L`- ~ ,...., ..., :~ -~ „ - ~. .. _. _ . -.. - y _._. .. -. .~ ... .. _ - - .._ .. t - - .may _ - _ - r h _ - H' --Liquo isigris`LEO num -o ~2 . City of Columbia Heights 590 40t~' Avenue NE Attachment to Conditional Use Application Signage at Top Valu 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 dernensions 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 l9mm pitch/5" tall copy. RBG full color Watchfire electronic message center. 262,144 color palette, 140 HorizJ 70 Vert. viewing angle. Ingite Graphics Software, Temp sensor. TOM IZF Wireless Modem. Steel tube framework will be fabricated to hold signs between brickwork. The iiluminatian, brightness, timing, etc; will be in compliance wit1~ the City of Columbia Heights' sign ordinance. 160 CITY COUNCIL LETTER COUNCIL MEETING OF: APRIL 13, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: 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 ardinance 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. T~,,he sign that staff is recommending would have a 20 square foot display area, which is the Ti'iaxttiiiDiic allow°vd by the Curr°vrttuign Cl'dtnanee. This t~'u small to comparison t.^, stgilS authorized and in use in surrounding cortnnunities. The City's sign ardinance is also very restrictive in allowing for changing advertisements. Even with these restrictions, staff is confident that the addition of an LED sign will enhance our business. Staff has received tlu•ee price quotes from three cainpetitive 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. Befoze the sign can be installed we need. to submit an application to the Planning & Caning Commission for a conditional use permit. Staff is planning to put this on tl~e May 5 Planning & Zoning agenda for review and approval. RECOMMENDED MOTION: The City Council approves submitting 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. WE:sms 04{fA022COllNCII, Attachment: Conditional Use Application with Two Pictures of Signs in Color COUNCIL ACTION: 161 CITY COUNCIL LETTER Meeting of May 11, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~ Revocation DATE: May 4, 2009 DATE: ~ ~ ~"v~ NO: 09-57 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 2009-~7 - X024 P~iadison Street i1.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2009-57 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2009-57 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: 162 RESOLUTION 2009-57 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 Blanca Guaman (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5024 Madison Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on April 16, 2009 of an public hearing to be held on May 11, 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 March 26, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rentaP inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 16, 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: a. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and submit fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number U5024-MAD 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; 163 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 Cierk 164 COLUMBIA HEIGHTS -CITY COUNCIL LETTER AGENDA SECTION: Items For ORIGINATING DEPARTMENT: Meetin date: g Consideration Fire May 11, 2009 No. ITEM: Adopt Ordinance (~' 1562 Establishing Fire BY: Gary Gorman 7 a~ Department Service Charges No: DATE: May 11, 2009 Background: The Fire Department currently charges for many permits, inspections, and plan reviews to cover those specific costs. The Fire Department also provides many emergency responses that would also be considered over and above normal fire department functions, for which those that use the service should cover the costs. Charging by fire departments is allowed by an assortment of State Statutes. I have enclosed a copy of the memo to the Mayor and Council, from the March 2, 2009 work session, which provides more information. The specific charges will be by a separate Resolution at a future Council meeting. RECOMMENDED MOTION: Move to waive the reading of Ordinance No.1562, there being ample copies available to the public. RECOMMENDED ,MOTION: Move to adopt Ordinance 1.562, being an Ordinance estabiiJhiaig fire departmment ser<~~ce charges. COUNCIL ACTION: 165 ORDINANCE NO. 1562 BEING AN ORDINANCE ESTABLISHING FIRE DEPARTMENT SERVICE CHARGES The City of Columbia Heights does ordain: Chapter 8, Article IV of the City Code, is proposed to include the following additions. §8.403 Fire Department Service Charges. Purpose and Intent The purpose of this ordinance is to establish user service charges for Fire Department services as described in this ordinance. Definitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by aself-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park trailers. 2. "Motor Vehicle Owner" means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 4. "Underground Pipeline Utility" means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and. other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. Conflicts In the event of any conflict between the provisions of this Code and applicable provisions of State law, rules or regulations, the latter shall prevail 166 Emergency Response Service Charges I . The collection. of service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.012. 3. The service charges shall be as outlined below. Fees shall be assessed in accordance with the fee schedule adopted by the City by resolution. A. Vehicle Accident l .) Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: Extricatian • Medical Care • Absorbing Liquid Spills • Vehicle System Safety • Vehicle Stabilization 2.} An invoice for the service charge will be sent to the motor vehicle owner or owner's insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.} If there is more than one motor vehicle involved for which fire department service is provided, each motor vehicle owner or insurer will be invoiced an equal share of the service charge. B. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused. by a railroad locomotive, rolling stock, or employees on a railroad right-of--way or operating property as defined in Minnesota Statute 219.761.. 2.) An invoice will be sent to the railroad responsible for the railroad right-of- way or operating property. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. 167 Co Grass Fires Within Trunk Highway Right-of--Way 1.) Any incident response to a grass fire within the right-of--way of a trunk highway or outside of the right-of--way of a trunk highway if the fire originated within the right-of--way of a trunk highway as defined in Minnesota Statute 161.465. 2.) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. D, Technical Rescue l.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or ether=,~~ise improve the conditions of the persons in need of rescue. 2.) An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. E. Underground Pipeline Utility Breaks 1.) Any incident response to an underground pipeline utility break. if caused by an excavator or person other than a homeowner or resident. 2.) An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. F. Hazardous Material t.) Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from it's container, chemical reaction, or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditians or protect the public. 2.) An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the incident Invoice Fee Schedule based on the number of 168 hours on the incident, specialized equipment and materials used on the incident. G. Arson Fire I .} Any incident response to a fire where a person is charged. under the arson statutes. 2.) The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the court for reimbursement through restitution. This ordinance shall be in full force and effect thirty (30) days after its passage. First Reading: April 27, 2009 Second Reading: May 11, 2009 Date of Passage: Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC, City Clerk 169 Columbia Heights Fire Department To: Walt Fehst, City Manager Gary Peterson, Mayor City Council Members From: Gary Gorman, Fire Chief Subject: Fire Department Service Charges Date: February 27, 2009 Enclosed is a proposed ordinance for establishing Fire Department service charges. The Fire Department currently charges for many permits, inspections, and plan reviews to cover those costs. This ordinance would establish charges for specific fire responses that would be considered over and above normal Fire Department functions. The current proposed ordinance is copied from the City of Fridley with some small changes. The Fridley Fire Department keeps track of all the call information and does all. the invoicing. The percentage of customers/insurance companies that make payment is over 90% with the rest being sent to collections. Most recipients are not citizens of the community so they cannot assess costs back to properties. A quick survey was sent to most metro-area, and some out-state fire departments to see which communities have service charges in place. The list includes the Cities of Willmar, Burnsville, Vadnais Heights, Richfield, Garrison, St. Louis Park, Eden Prairie, Fridley, Edina, Spring lake Park, Blaine, Moundsview, Excelsior and Minneapolis. The Cities of Woodbury, I:akeville, Brooklyn Center and Inver Grove Heights have requested copies of my quick survey, as they are also interested in charging for services. Attached is a fee schedule based on our current truck charge schedule. The truck charge includes the costs of firefighters on those vehicles. These truck charges are based on the national fee schedules used by the t1S Forest Service. This fee schedule v~~ill be presented as a separate Council Resolution. Based on call data for 2008 we estimate approximately $10,000 of charges. This may be low since our coding of many calls has been more generic in the past and will have to be more specific for charging. I am asking the Council to consider this ordinance as a way to help fund Fire Department operations by charging those that use these specific services, rather than having that burden placed on all Columbia Heights residents. GG:cf 09-23 Attachment 170 CITY OF COLUMBIA HEIGHTS DATE: MAY 7, 2009 TO: THE HONORABLE GARY PETERSON CITY COUNCIL MEMBERS TAMI DIEHM BRUCE KELZENBERG BRUCE NAWROCKi BOBBY WILLIAMS } FROM: WILLIAM ELRITE [~' FINANCE DIRECTOR RE: PREPARING FOR THE 2010 BUDGET (Page 1 of 2) At the work session on May 4`" staff handed out information related to the preparation of the 2010 budget. Included in this was historic information regarding the budget, local government aid (LGA), levies, and past property tax increases. It should first be noted that this presentation only dealt with the city property tax levy that appears on the property tax statements as the city levy. The presentation did not include the school levy, the county levy, the city HRA levy or the county HRA levy for the city. The reason for concentrating on the city portion of the levy is that this is the primary funding for the General and Library funds. The HRA levies are separate Levies used primarily for redevelopment within the city. As these are separate levies for a specific purpose they can be dealt with more efficiently at another time. Page 1 of the document shows the General and Library fund budgets for 2003 with a comparison to 2008 and a proposed 2010 funding level. it also shows the amount of personnel expenses along with. the percent of the budget that makes up personnel. The largest departments, such as Police slid ire, have 9i°i~° and 90~~ of their br.dget in pers`~'nnelrr~~tc~. Ce,~~,i~e„n1~,ently it is very difficult to reduce budgets without reducing personnel and. services provided. The reason for using the 2003 adopted budget as a basis is that it is our highest-level budget and it is the year that the state began to significantly reduce LGA. The next column shows the 2008 adopted budget. As you can see, the 2008 budget only increased by $317,635 over the 2003 budget. This is a 3.3% increase in expenditures over afive-year period. Staff is proposing that this be used as the basis for the 2010 budget. The next column shows the 2008 budget plus City Council approved pay increases through 2010. Using this column as the starting point in the preparation of the 2010 budget we would be freezing expenditures at the 2008 level with the exception of the approved pay increases. The next section, lines 34-37, shows the projection of utilities for the new gymnasium and public safety building as an addition to the base budget for 2010. The bottom section of this form, lines 39-48, reflects the projected revenues for 2010 through 2013 for the start of a four-year budget plan. The primary goal of this plan is to no longer be dependent on LGA as a funding source far general operations. As you can see, in 2013 the projected LGA for general operations is zero. Line 45 shows the effect this budget plan has on fund balance. in 2010 we would be utilizing $689,489 of fund balance. in 2011 the fund balance used is $99,094, then in 2012 and 2013 we begin a slow rebuilding of fund balance. The 171 Page Two bottom two lines show the percent and amount of inflation that is built into these budgets. The year 2010 has zero inflation, 2011 has 1 %, and 2012 and 201.3 have 2% inflation. Page 2 shows the history of the city levy and what we have received in LGA from 2003 through projected 2010, The top portion shows the years and our certified LGA and. the cuts that we have received. As you can see, on line 16 the total lost LGA from 2003 through projected 201.0 is $12,020,989. When you go to the bottom section of the chart it shows our levy history for the same period of time. Here, again, on the bottom you can see that the total revenue gained through increased property tax levies is $12,806,045, which does fully offset the lost LGA. The main point of this chart is that it shows that our property tax levies have basically covered and made up for the lost LGA. The last four columns on the bottom section of the chart show the percent of increase in the levy for 2003 through 2010. As you can see, our levy increases were high in 2004 and 2005 to make up for lost LGA and then decreased significantly. Likewise, the current four-year budget plan has the largest levy increase in the first year. Page 3 shows the four-year levy plan. In this plan 2010 is the heaviest year as it covers the new expenses for the gymnasium and public safety building as well as additional bonding to cover the Murzyn Hall improvements and the new public safety building. In the years 201 i through 20 i 3 the levy is increased only to replace lost LGA and to begin replacing fund balance used in 2010 and 2011. The two bottom sections of the chart reflect the levy increases broken down for general operations and for debt. Lines 27 and. 28 reflect the fund balance changes and the total percent of levy increase for the four years. Following this plan through to 2013 will result in 2013 having a property tax levy increase of less than 5% and an increase to fund balance of slightly over $100,000. One of the key points of this budget plan is to remove the reliance on LGA for general operations. The plan is based on receiving and using $425,338 in LGA for years 2010 through 2013. However, there is a possibility that we could receive more LGA in these years. If this holds true, any additional LGA that is received can be used to reduce the city's debt 1_evy or put aside in a capital building replacement fund. Any portion that is used to reduce the debt levy wilt result in a direct property tax savings to the residents. For example, in 2010 the plan projects that we will receive $425,338 in LGA. If the city receives more than that, all or a portion of it can be used to reduce the debt levy, which will result in a reduction of the total city property taxes to the residents. Additional LGA of $300,000 would reduce the levy by approximately 4%. Based on the discussions at the work sessions, based on this four-year plan. This budget will schedule that has been utilized in previous years. staff will start preparation of the 2010 budget be presented to the council following the same WE:sms 0905073C'OUNC}L 172 A i B ~ G ~ D ~ E ~ F ( G City of Catumbia Heights, Minnesota Budget Gomparisan & I~rajectian 2003 - 2010 General Fund, Library and EDA General 8~ Library Fund &EDA Levy Fund 2003 Adopted Bud et 2008 Adopte Bud et 2008 Budget Plus Pay Increase Thru 2010 2010 Personnel Ex ense personnel Percent of Bud et 1 Mayor-Council 41110 211,014 183,523 190,778 117,089 61% 2 City Manager 41320 412,706 398,026 422,202 390,209 92% 3 City Clerk 41410 8,105 49,588 52,600 48,608 92% 4 Finance 41510 643,973 656,173 694,978 626,317 90% 5 Assessing 41550 101,000 106,415 106,415 0 0% 6 Legal Services 41610 196,572 186,500 186,500 0 0% 7 Fire 42200 916,572 1,159,768 1,227,885 1,099,415 90% 8 Police 42100 2,786,587 3,075,586 3,317,120 3,024,189 91% 9 Gen Gov Bldgs. 41940 158,546 159,212 159,212 0 0% 10 Emergency Management 42500 84,973 22,344 23,126 12,621 55% 11 Animal Control 42700 16,150 15,470 15,470 0 0% 12 Weed Control 43260 16,428 21,493 22,276 12,631 57% 13 Recognition/Special Events 45050 71,368 41,700 41,700 0 0% 14 Contingencies 49200 50,000 100,810 100,810 0 0% 15 Transfers 49300 480,000 185,000 185,000 0 0% 16 Engineering 43100 319,076 321,402 339,357 289,796 85% 17 Streets 43121 690,319 760,897 787,880 435,505 55% 18 Street Lighting 43160 126,416 151,167 151,544 6,082 4°l0 19 Traffic Signs & Signals 43170 73,251 81,182 84,824 58,788 69% 20 Parks 45200 751,437 735,514 764,977 475,535 62% 21 Tree Trimming 46102 104,500 128,984 133,214 68,273 51 22 Recreation Admin. 45000 224,417 158,608 167,790 148,190 88% 23 Youth Athletics 45001 19,702 33,293 34,845 25,044 72% 24 Adult Athletics 45003 25,328 29,419 30,152 11,824 39% 25 CHASE II/Youth Enrichm. 45004 22,169 60,104 62,497 38,631 62% 28 Trave! AthleticslCHASEilI 45005 22.635 31,139 32,227 17,554 54% 27 Trips & Outings 45030 38,666 57,212 58,344 18,277 31% 28 Senior Citizens 45040 78,580 81,689 85,539 62,139 73% 29 30 Murzyn Haii Library Total 45129 45500 249,022 679,700 228,230 738,346 239,136 772,743 176,023 555,169 74°!° 72% 31 EDA Lev 140,569 78,622 83,971 83,971 100% 32 Sub Total 9,719,781 10,037,416 10,575,111 7,801,877 74% 34 New Expenses 35 Maint & Utilities new GYM 85,000 36 Maint & Util new Pub Safety 300,000 Total Expense Projection 9,719,781 10,®37,416 10,960,111 39 Revenue & Ex Pro'ectians 2010 2011 2012 2013 40 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 41 LGA 425,338 425,338 425,338 0 42 Other Revenue 1,793,142 1,793,142 1,793,142 1,793,142 43 Total Revenue 10,270,622 10,970,622 11,570,622 11;645,284 44 Expense 10,960,111 11,069,712 11,291,106 11,516,928 45 Fund Bai (Used` {ncrease 689,489 99,090 279,516 128,s56 46 Exp Increase for inflation 47 Percent 0.0% 1.0°I° 2.0% 2.0% 4$ Amount 0 109,601 221,394 225,822 173 A E3 C U E F G H I City of Columbia Heights Genera! Fund, Library and EDA Levy &LGA History Prepared 5!4/2009 Certified LGA Less reductions Current Yr Adjustment to LGA Total Increase Decrease to LGA ngma E erti ied or o um is eig is 5 , i er 20 3 Legis ative Re uctions 2003 9 ( 6, 0 2004 1,603,203 (352,096) {1,048,796) 2005 1,058,477 (544,726) (1,593,522) 2006 1,028,487 {29,990) (1,623,512} 2007 1,238,594 210,107 (1,413,405) Certified LGA 2008 1,260,148 21,554 LGA year end unallotment 2008 (338,868) Aid Received 2008 921,280 (1,730,719) Certified LGA 2009 1,425,338 165,190 Projected LGA reduction 2009 (461,013) Projected Net LGA 2009 964,325 (1,687,674) Certified LGA 2010 1,425,338 Projected LGA reduction 2010 (1,000,000) Projected Net LGA 2010 425,338 (2.226.661) ax 19 Operating Total Levy Change from Previous Year Decrease to Operating Levy Levy % of Increase Debt Levy Total Levy 0 4, Adopted Levy 2003 4,817,9$4 (6,146) (6,146) - 4,817,984 2004 5,447,260 629,276 623,130 13.1% - 5,447,260 2005 6,102,537 655,277 1,278,407 12.0% - 6,102,537 2006 6,347,537 245,000 1,523,407 4.0% - 6,347,537 2007 6,500,613 153,076 1,676,483 2.4% - 6,500,613 2008 6,916,$95 416,282 2,092,765 6.4% 128,475 7,045,370 2009 7,214,117 297,222 2,389,987 4.2% 488,246 7,702,363 201q 8,052,142 838,025 3,228,012 10.9% 696,886 8,749,028 Including Debt 8.4% 9.3% 13.6% evenue trom bevy increases 174 A B C D E City of Columbia Heights Four year levy plan Detail of projected levy increases Prepared 5/4/2009 Lev Year 2010 2011 2012 2013 1 Purpose for levy increase 2 Wage Increases (approved in 2007) 253,025 2013 does not LGA 3 Utility Maintenance Expense use'n {he 4 New Public Safety Building 300,000 operating 5 New Gym 85,000 budget 6 Fund Balance used in Prior years 7 Makeup lost LGA 200,000 700,000 600,000 500,000 8 Total Operating Levy Increase 838,025 700,000 600,000 500,000 9 Murzyn Hall Improvement levy 72,640 10 Add'1 Public Safety Bond (2 Million} ~ 136,000 11 Increase in Pub Safety Bond Payment 304,500 12 TIF District Offset (304,500) 13 Totaf Debt Levy Increase 208,640 - - - 14 Total projected levy increase 1,046,665 700,000 600,000 500,000 15 16 2010 2011 2012 2013 17 Prior Year City Levy 7,702,362 8,749,027 9,449,027 10,049,027 18 19 Total current Year levy 8,749,027 9,449,027 10,049,027 10,549,027 20 °lo Increase for General Operations 10.88% 8.00% 6.35% 4.98% 21 % Increase for Debt 2.71 % 0.00% 0.00% 0.00% 22 % Increase far Total Levy 13.59% 8.00% 6.35% 4.98% 23 24 2010 2011 2012 2013 25 Operating Levy 8,052,142 8,752,142 9,352,142 9,852,142 26 Debt Levy 696,886 696,886 696,886 696,886 27 Fund Balance (used) increase (689,489) (99,090) 279,516 128,356 28 % Increase for Total Levy 13.59% 8.00% 6.35% 4.98% 175