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HomeMy WebLinkAboutJune 22, 2009 RegularCITY OF COLU11/IBIA HEIGHTS 590 40~' Aveune NE, Columbia IIeights, MN 55421-3898 (763)706-3600 TDD (763) 706-3692 V'uit ourwebsiteat: ivww.cicalumbia-heiaht~rnxus M~or Gary L. Peterso~t Counci[members Robert A. GT~i/lian:s Bruce Nax~rocki Tammera Diehm Bruce Kel:enberg Citv Mana~er Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, June 22, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heijhts does not discriminate on the basis of disability in the admission or access to, or ireatment or ernployment 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 upan request when the request is made at least 9b hours in advance. Please call the City Clerk at 763-706-3611, to make arranaements. (TDD/7o6-3692 for deaf or hearing impaired onty} l. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Lorraine Mell, Immaculate Conception Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.} 4. PROCLAMATIONS, PRESENTATIONS, RECOGNTTION, ANNOUNCEMENTS AND GUESTS A. Presentation Presentation by Congressman Keith Ellison Presentation by CenterPoint Energy for Comrnunity Partnership Grant to the city for firefighting protective clothing 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part ofthe Consent Agenda by one motion. Items removed from consent agenda ap~roval will be taken up as the next orderofbusiness.) A. Approve minutes ofthe June $. 2009, City Council meetin~ P• 5 MOTION: Move to approve the minutes of the June 8, 2009, City Council meeting. B. Acce~t the minufes ofthe Columbia Hei~hts Boards and Commissions p. 30 MOTION: Move to accept the May 6, 2009, mi~iutes of the Library Board meeting. C. Request Transfer of Funds frorn General Fund to Police De~t Budget to Reimburse Overtime p. 32 Fund re: Off-DuttiEinplovment Assi~nments MOTION: Move to transfer the $850.00 received frorn CHHS and Unique Thrift Stores from the General Fuiid to the Police Department 2009 Budget line item 1020, Police Overtime. CiTy Council Agenda Monday, June 22, 2009 Page 2 of 4 D. Approve the reissuance of the license to operate a rental unit(s~ within the Citv of Columbia p. 34 Heishts at 4207-09 2nd Street N.E. MOTION: Move to issue a rental-housing license to Marietta Bornholdt to operate tlie rental property located at 4207-09 2nd Street N.E., in that the provisions of the Property Maintenance Code have been cornplied with. E. Authorize StafFto seek bids for 2009 Sanitarv Sewer Pipe Linin~ Proiect pe 34A MOTION: Move to authorize staff to seek bids for the 2009 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. F. Adopt Resolution 2009-81 bein~ a Resolution Authorizin~ the City to enter into an a~reement p. 35 with MnDOT to act as the Citv's a~ent in acceptin~_Federal Funds under the Federal American Reinvestment and Recoverv Act (ARRA~ MOTION: Move to waive the reading of Resolution No. 2009-81, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-81, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 94788 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimuius Funds for City Project No. 0906, TH 65 Pedestrian Bridge. G. Acc~t Work and Authorize Final Payment for Sanitary Sewer Linin~. Project 0804 P• 47 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 0804, and to authorize final payment of $5,286.16 to Insituform Technolog'ies, USA, Inc. of Chesterfield, Missouri. p. 49 H. Distribute 2008 Corn~rehensive Annual Financial Report and the Independent Auditors' Report/Set Date for Presentation by Auditor MOTION: Move to recognize that the 2008 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 22, 2009, and to schedule a brief presentation by our auditor for tbe July 13, 2009 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2009. I. Approve attached list of rental housins license a~plications in that theX have met the p. 50 req,uirements of the Propertv Maintenance Code MOTION: Move to a~prove the items listed for rental housing license applications for June 22, 2009. J. Apnrove Business License A~plications MOTION: Move to approve the items as listed on the business license agenda for June 22, 2009 P. 54 as presented. K. Approve Pavment ofthe Bills MOTION: Move to approve the payment of the bills out of the proper fund as listed in the p. 56 attached register covering Check Number 130646 through Check Number 130819 in the amount of $1,165,665.99. MOTION: Move to approve the Consent Agenda items. 2 City Council Agenda Monday, June 22, 2009 Page 3 of 4 6. PUBLIC HEARINGS p. 64 A. Adopt Resolutions 2009-85. 4916 Tyler Street N.E.. 2009-86, 4657-59 Sth Street N.E., 2009-8'7, 1401 46th Avenue N E 2009-88, 654-56 47th Avenue N E 2009-89 3'723 Jackson Street N.E. 2009-90, 5009 4th Street N.E., 2009-91 4357 Tvler Place N.E.. 2009-92, 4b48 Pollc Street N.E.~ and 2009-93, 1324-26 Circle Terrace Blvd. N.E. bein~ Resolutions approvin~ rental license revocation for failure to meet the requirements of the Property Maintenance Codes MOTION: Move to close the public hearing and to waive the reading ofResolution Numbers 2009-85, 86, 87, 88, 89, 90, 91, 92, and 93 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-85, 86, 87, 88, 89, 90, 91, 92, and 93 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. B. Adopt Resolutions 2009-44, 961 37th Avenue N.E. and 2009-95, 1412 Parkview Lane N.E. P• 83 bein~ declarations of nuisance and abatement of violations within the City of Columbia Hei~hts MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-94 and 95 there being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2009-94 and 95 being resolutions ofthe City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. C. Adopt Resolution 2009-84 A~rovin~ a Modification to the Downtown Central Business District p' g8 (CBD) Revitalization Plan and Modi ing the TIF plan for Universitv Avenue (C$~ MOTION: Move to waive reading of Resolution 2009-84 there being ample copies available to fhe public. - MOTION: Move to adopt Resolution 2009-84, 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 PIan for the University Avenue Redevelopment (CS) Tax Increment Financing District. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution No. 2009-82 and Resolution No. 2009-83 Authorizin~ Fire Department p. 96 Mutual Aid Agreements MOTION: Move to waive the reading of Resolution No. 2009-82 and Resolution No. 2009-83, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2009-82 and Resolution No. 2009-83, being Resolutions authorizing Fire Department Mutual Aid Agreements. B. Bid Considerations C. Other Business 8. ADMllv1STRATIVE REPORTS Report of the City Manager Report of the City Attorney City Council Agenda Monday; June 22, 2009 Page 4 of 4 9. CITIZENS FURUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their cornments to five minutes. Anyone who would lilce to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cjb OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 8, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June S, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Helghts, MN. (Resolutions printed at the end of this document) CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dave Briley, Oak Hill Baptist Church, gave the lnvocation. Present: Mayor Peterson, Councilmemher Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolution 2009-81 as the property has been brought into compliance, and replace the bond approval Council letter, as a motion was added. Nawrocki asked that the City Manager report on the June 1 work session and the May 27 EDA agenda. He guestioned if the University Heights TIF District was to be on this meeting. Scott Clark, Community Development Director, stated this would come forward on June 22, 2009 and will be posted in the local paper. PRUCLAMATIONS, PRESENTATIONS, RECOG1vITION, ANNOUNCEMENTS, GUESTS A. 2009 Citizen of the Year - Humanitarian Award - Howie Haeg Mayor Peterson introduced Howie Haeg, Citizen of the Year. He read the bio on Mr. Haeg and presented him with a plaque and gifts. Mr. Haeg thanked everyone and indicated his pleasure to receive this award. CON5ENT AGENDA Nawrocki requested to remove item C for discussion. City Manager Walt Fehst took Councilmembers through the Consent Agenda items. A. Approve the minutes of the Mav 26, 2009 Citv Council meeting, Motion to approve the minutes of the May 26, 2009 City Council meeting. B. Accept the minutes of the Columbia Heights Boards and Commissions. Motion to accept the April 28, 2009 minutes of the Economic Development Authority. Motion to accept the June 2, 2009 minutes of the Planning and Zoning Commission. C. Adopt Resolution 2009-72, bein~ a resolution waiving the tort liabilitv limits and authorize insurance agreement with the LMCIT. - removed D. Adopt Resolution 2009-73, bein~ a resolution approvin~ a Conditional Use Permit for Outdoor Sale and Dis~lay at 4340 Central Avenue. Motion to waive the reading of Resolution 2009-73, there being ample copies avai(able to the public. Motion to adopt Resolution No. 2009-73, approving a Conditional Use Permit for an outdoor sales/display establishment located at 4340 Central Avenue, subject to the conditions outlined in Resolution No. 2009-73. E, Approval of the attached list of rental housing license applications in that thev have met the requirements of the Pro~y Maintenance Code Motion to approve the items listed for rental housing license applications for June 8, 2009. Fp A~prove Business License A~plications Motion to approve the items as listed on the business license agenda for June 8, 2009 as presented. G, A~ rove pavment of the bills Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 130506 through Check Number 130645 in the amount of $1,068,594.27. Nawrocki questioned if the permit for outdoor sales at the hardware store allows sales atl year around. Fehst stated yes. Peterson stated that like at their previous location, items will be removed after the growing season. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of item C. Upon vote: All ayes. Motion earried. C. Adopt Resolution 2009-72 bein~ a resolution waivin~ the tort liabilitv limits and authorize insurance a~reement with the LMCIT Bill Elrite, Finance Director, stated this request is for renewal of property and liability insurance. We have been with the League of Minnesota Cities Insurance Trust for the last seven years. This will reaffirm waiving the torte liability limits and increase ofthe amount of liability insurance by $1,000,000. Under the torte liability limit oniy $400,000 eould be collected. Waiving this allows collection up to our limit. The contract is $257,226.00. Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with the League of Minnesota Cities Insurance Trust to renew the City's liability and property insurance coverage, including excess liability insurance of $1,000,000 and waiving the tort liability limits. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Kelzenberg, to waive the reading of Resolution 2009-72, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-72, being a resoliition waiving the tort liability limits. Upon vote: All ayes. Motion earried. PUBLIC HEARINGS A, Adopt Resolution 2009-74 awardin~ the Sale of $3 935 000 in General Ob(i ation Public Facilities Bonds Series 2009A and Resolution 2009-75 for $580 000 in General Obli~ation Taxable Tax Increment Financin~ Bonds Series 2009B Motion by Kelzenberg second by Williams, to waive the reading of Resolution 2009- 74, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 6 Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-74 being a resolution awarding the sale of $3,935,000 in General Obligation Public Facilities Bonds, Series 2009A. Elrite stated that Mark Ruff, Bond Counsel of Ehlers and Associates, would arrive at 7:30 p.m. At 7:25 p.m. Mark Ruff indicated that Bond Resolution 2009-74 is for public service including the public safety building, Murzyn Hall energy improvements, water lining and repair work and the assessment portion of the 2007 and 2009 street improvements; totaling $3,935,000. Five bids were received with interest rates ranging frorn 4.1569 to 4.3594 percent. This did go through the City's Charter process. We came in two-thirds of a percent ]ower than anticipated; saving on the annual debt service cost by $10,000 per year over what was projected. Part of the reason for this was a better market, but also that the City of Coluinbia Heights credit rating was upgraded from an A range to a mid-AA range from Standard and Poor's. This is something to be very proud of. They said we have healthy finances as demonstrated by a strong fund balance. They pointed out the city's good financial management planning and procedures, including the four year budget forecast. Ruff presented a rating certificate upgrade plaque to the city from Ehlers and Associates and read the inscription. Peterson stated that the City Manager and Finance Director shauld be very proud of this, as should the Council. Ruff stated that taking active steps is important. ~ Ruff stated that the low bid is Cronin and Company. He indicated that these interest rates are very close to the interest rates obtained in 2008. On behalf of Ehlers and Associates, Ruff recommended award of the bond sale to Cronin and Company. Nawrocki stated that we are going heavier in debt than we need to. The bonding for the public safety building was increased by $500,000 and we could have used existing funds for the Murzyn Hall project. Upon vote: All ayes. Motion earried. Ruff indicated that, after discussion, the second bond amount of $930,000 was reduced to $580,000, because the Legislature approved an extension of a five year deadline. There were two bids for this bond at a rate of 4.8682 percent, lower than the anticipated 4.9634 percent. He recoinmended, given the interest rates, Council approval. Nawrocki stated the present cominihnent to the K-Mart developer is $700,000. Ehlers stated that we have collected over $400,000. Nawrocki stated that we expect to receive $129,000 this year. We will have to get $700,000 for what is committed on the site. Ruff indicated that is anticipated to be collected by 2011. The end of the term for the district is 2020. Nawrocki stated his opposition to this bond issue, as funds will not go to help pay for city services and citizens will pay additional dollars. We have had double digit increases over the past several years and the City Manager anticipates an increase next year of 13eS percent. We must rein in the property tax increases. Motion by Diehm, second by Williams, the reading of Resolution 2009-75, there being ampie copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2009-75 being a resolution awarding the sale of $580,000 in General Obligation Taxable Tax Increment Financing Bonds, Series 2009B. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Motion by Diehm, second by Kelzenberg, to authorize and approve the Tax Increment Pledge Agreement by and between the City of Columbia Heights, Minnesota and the Columbia Heights Economic Development Authority. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Fehst commended this City Council and previous councils for maintaining a fund balance. The fact that our bond rating has gone up two levels is significant. B. Adopt Resolutions 2009-79 4138 Ouincv Street N E 2009-80 3915 Tvler Street N.E., and 2009-81, 4344 2nd Street N E being Resolutions approving rental license revocation for failure to meet the requirements of the Propertv Maintenance Codes Gary Gorman, Fire Chief, stated that 4138 Quincy Street has not had the re- inspection eompleted and the 3915 Tyler Street revocation is for failure to submit an application. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-79, 80, and 81, there beinb ample copies available to the public. Upon vote: All ayes. Mo~ion earried. Motion by Nawrocki, second by Williams to adopt Resolution Numbers 2009-79 and 2009-80, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, SecYion SA.408(A) of the rental licenses listed. Nawrocki stated that these properties also have very long grass. Upon vote: All ayes. Motion earried. C, Adopt Resolutions 2009-76 4039 Sth Street N E 2009-77 4448 Ouincv Street N E and 2009-78, 3930 Universitv Avenue N E being declarations of nuisance and abatement of violations within the Citv of Columbia Neights Garman stated that all three properties abatements were for immediate securing of the properties. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2009-76, 77, and ~8 there being ample copies available to the public. Upon vote: All ayes. Motion earried. Motion by Nawrocki second by Williams, to adopt Resolution Numbers 2009-76, 77, and 78 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C, Other Business - none ADMIlVISTRATIVE REPORTS Report of the City Manager Fehst stated that discussion at the June 1 work session included a request froi~n Immaculate Conception School for fencing because of the new public safety building. Councilmember Williams offered the Bobby and Steve's Youth Foundation to take on this $4,000 obligation. This is in addition to their goal to raise funds for play equipment at Castle Heights and Huset Park. Also discussed was presenting the annual audit at the City Council meeting, insurance renewal, and ordinances for excessive calls for police service and carrying of replica fire arms. Fehst referred to the home tour taken by the EDA to view housing issues. The Council has not made a decision to support any type of home sale compliance requirements, but will continue to look at options. Habitat for Humanity is looking for endorsement to rehab one home. Modification of the University Avenue C8 TIF District will be discussed June 23. We hope to obtain funding frorn NSPII. Nawrocki stated that with the audit report we must have enough time to go through the audit and have our questions answered. The new fire service call charges should be included in the City newsletter. He requested a regular report on the number of calls, how they are being charged, and the nurnber of Columbia Neights residents charged. On the former RIBS program potential schedule, it appears this will come before Council before a Council meeting for public comment. There should be more information on this in the City newsletter. The duplex toured could be fixed up and should not be demolislled. Williams asked if our bond rating had ever been this high. Fehst stated no and Nawrocki agreed. Williams stated this is quite an achievement for our city. Fehst stated he has never been in a city that has had this big of a jump in one year. Williams stated that as the rating goes up, our interest rate goes down. The City Manager and staff should receive credit for this. Fehst commended the Council for looking at a three year tax plan. With this type plan, we would not depend on Local Government Aid in four years. Extending a tax increment district is a minimal way to work toward improvements. Report of the City Attorney - nothing to report CITIZENS FORUM Dwayne Morrell, 4212 Reservoir Boulevard, suggested a referendum ballot for the proposed bridge project. He had suggested a$10 or $20 million bond for rehabilitation of homes. You are parlaying the funds to keep the program going. Deb Johnson, 4626 Pierce Street, stated that the bridge discussion has been very open and televised. Peterson stated that there are public hearings scheduled. Donna Schmitt, 4260 Tyler Street, stated that the City of Coon Rapids refurbished an 800 foot square home, showing people how to upgrade to a 1,000 square feet home. They are showcasing this home to the public with tours. This is just another option. We could have such a program and possibly have a contest for people that have used our programs to upgrade their home, have residents vote, and award a$1,000 incentive prize. COUNCIL CORNER Nawrocki Read the report from college students that attended our meeting on their view of the meeting. Diehm • Referred to an article called "Jail time for dirty pools and dirty lawns" - from the Wall Street Journal regarding criminal penalties for lenders tha~ do not take care of foreclosed homes. • This is the last week of school for Columbia Heights students. Graduation is tomorrow; we wish them the best of luck. Be aware that kids are out and about. ~ The need at food shelves increases during the summer months. Oak Hill Baptist Church will offer free lunches, all summer, to children up to 18 years of age. • We will celebrate the grand opening of the two new gyms this Thursday from 4:00 to 8:00 p.m. Kelzenberg • Read a police item from the green sheet of a shooting incident. Watch out for motorscooters. Talk to your children about bike safety. Williams There will be a big fundraiser and celebration as a prelude to the Jamboree to raise funds for play equiprnent for two parks. There will be a dinner and dance on Friday night and on Saturday six bands will play in the park. Other supporter are: MN Zoo, BBW, Sarna's, Bobby and Steve's AutoWorld, Holy Land, Tasty Pizza, Porta Del Sol, and Smokin' Joes. Requested volunteers for Friday night and Saturday. Peterson • The Neights Art Cornmittee received a grant for a sculpture at the high school gyms. We hope to have this in place by October of 2009. • Sister City Committee Youth Art Contest winner, Ashley Genadek, won our local art contest and went on to win the Washington DC contest. She won a$1,200 prize and $2,000 to attend the Sister City Conference in Belfast, Ireland. • The Safety Camp is this Thursday. The cost is $5 with our Fire and Police Departments, Minnesota Computer, and a State Patrol helicopter present. • There are openings in our youth summer programs; Wild Wednesdays and youth trips. • The gyms are ready to use. Opening ceremony will be at 4:00 p.m. this Thursday with a ribbon cutting and activities to follow. There will be a place to give your ideas to utilize the gym or to volunteer. The goal is to wear the floor out. The police have a 3-on-3 basketball program and we may have a boxing prograln - the sky is the limit. • Don't take ourselves too seriously and do a random act of kindness. ADJOUI2NIVIENT Mayor Peterson adjourned the meeting at 8:29 p.m. Patricia Muscovitz CMC City Clerk ~o RESOLUTION NO. 2009-~3 RESOLUTION APPROVINC A CONDITIONAL USE PERMIT FOR FRATTALLONE'S ACE HARDWARE WI"I'HIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposai (Case #2009-0602) has been submitted by Michael Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue. LEGAL DESCRIPTION: On tile at City Hall. TI-IE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.1 ] 0(F)('3)(d), to allow outdoorsales/display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 2, 2009; WHEREAS, the City Council has considcred the advice and recommeudations 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 welt 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; end 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: l. 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 imrnediate vicinity. ~. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearanee of the exisCing 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 ~egarive cumulative ettect, 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. FUR1'HER, BE IT RESOLVED, that the attached conditions, maps, and oiher 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 bee~i comple2ed witl~in one (11 calendar year after the approval date, subjecC to petition for renewal of Che permit. CONDITIONS ATTACHED: l. The outdoor sales/display area is limited to ihe nine (9) parking stalis as denoted on the submitted site plan. 2. The outdoor sates/display use shall be accessory to a commercial use. 3. All outdoor salesldisplay areas shall meet the setback requirements for a principal structure in the zoning district in which it is lucated. 4. Outdoor sales/display areas within the public right-ot=way are prohibited. 5. All goods shall be displayed in a designated area that is hard surfaced. 6. A(1 goods shall be displayed in an arderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. RESOLUTION NO. 2009-72 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHER~AS, the City ofColumbia llcights is a Minnesota political subdivision desiring to self-insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCCT); and Wl IrRGAS, Minnesota Statute Sectiun 471.981 permits a ciYy to extend the coverage of its self insurance to atford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.98I provides that unless expressly provided in the ordinance or resolution extending the coverage, t~he statutory limitations on IiabiliYy shall not be deemed to have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights Ciiy Council does hereby accept excess liability coverage limits of $1,000,000 from the League of Mimiesota Cities Insurance 1'rust and the City waives the monetary limits of tort ]iability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. ~ RESOLUTION NO. 2009-74 A RESOLUTION AWARDING THE SALE OF $3,935,000 GENERAL OBLIGATION PUBLIC FACILITIES BONDS, SERIES 2009A; FIXING THEIlt FORM AND SPECIFICATIONS;DIRECTING THEII2 EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT 11 City Council Minutes Monday, June 0$, 2009 Page 8 of 25 BE IT ItESOT,VED Sy the City Council (the "CounciP') of the City of Columbia Heights, Anoka County, Minnesota (the "Ciry") as foltows: Section ]. Recitals. 1.01. Public Safetv Center and Murzvn EIall. The City is authorized by the CharCer of the City of Columbia Heights (the "Charter") to issue its general obligation bonds for, among other things, the purchase or erection of needful public buildings within the City and any other public convenience from which a revenue is or may be derived. The City therefore intends to issue its general obligation bonds pursuant to the Charter to finance (i) a new public safety center f'or the police and fire departments (the "Public Safety Center"}, and (ii) energy- efficient improvements to Murzyn Hall ("Murzyn Improvements"). The Public Safety Center and the Murzyn lmprovernents are collectively referred to herein as the "Public Facilities bnprovements." The City has previously issued its General Obligation Public Safety Center Bonds, Series 2008B, in the aggregate principal amount of $10,000,000, to frnance a portion of the construction and equipping of the Public Safety Center. 1.02. Watermain Improvements~ The City is authorized bv MinnesoCa Statutes, Section 44A.0'75, as amcnded (the "Utility Act°'), to issue its general obfigation bonds to defray the costs of certain watermain improvements. The City therefore intends to issue its general obligation bonds pursuant to the Utility Act and Minnesota Statutes, Chapter 475, as amended ("Chapter 47~"), Co undertake various water lining projects within the City's waYermain system (the "Watermain Improvements"). 1.03. Street and Alley Reconstruction. The City is authorized by Minnesota Statutes, Chapter 429, as amended (the "Assessment AcY'), to issue its general obligation bonds t~o defiay Che costs of certain street and alley improvements. The City therefore intends to issue its general obligation bonds pursuant to the Assessment Act and Chapter 475 to undertake various street and alley rehabilitation and reconstruction improvements, identified as Project No. 2007-02 and Proiect No. 2009-02 (collectively, the "Street improvements"). The Public Facility Improvements, the Watermain Improvements, and the Street Improvements are collectively referred to herein as the "Projects." 1.04. Ordinance Readines. On April 13, 2009, the Counci) conducted a first reading of an ordinance authorizing the City to issue its general obligation bonds in the maximum principal amount of $3,935,000 to finance the Projects (the "Ordinance"). On April 2~, 2009, the Council conducted a second reading of the Ordinance and adopted the Ordinance, subject to referendum as described in the Charter. 1.05. Publication of Ordinance• No Petition f'or Referendum. The Ordinance was published at least once in the City's official newspapec The City Clerk did not receive a petition signed by the requisite amount of registered voters in the specified time frame to require a referendum on the issuance of the Bonds (hereinafter defined) under the Charter. Section 2. Sale of Bonds. 2.01. Award to Purchaser and ]nterest Rates. The proposal of Cronin & Company, Ina (the'`Purchaser") to purchase $3,935,000 General Obligation Public Facilities Bonds, Series 2009A (the'`Bonds") of the City described in the Terms of Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $3,937,2)8.20 for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2010 2.000% 201 ~ 3.500% 2011 2.000% 2018 4.000% 2012 2.000% 2019 4.000°/a 2013 2.250% 2020 4.000% 2014 3.000% 2021 4.000% 2015 3.000% 2022 4.000% 2016 3.250% Term Bonds due February 1, 2024 at 4.100%. Term Bonds due February l, 2027 at 4Z50%. Tenn Bonds due February 1, 2030 at 4.500%. Term Bonds due February 1, 2033 at 4.62~%. Terni Bonds due February I, 2038 at 4.750%. Net interest cost: 4.2440617%. 2.02. Purchase Contract. 1'he sum of $~ 1,48~.20 being the amount proposed by the Purchaser in excess of $3,885,813.00 will be deposited in allocable amounts to the respective subaccounts in the Construction Account under Section SAl hereof. The City Finance Director is direeYed to retain the good faith check of the Purchaser, pending eompletion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and the City Finance Director are directed to execute a contract with the Purchaser on behalf of the CiTy. 2.03. Ternis and Princioal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the City Charter, the UtiliTy Act, tl~e Assessmenc Act, and Chapter 475 in the total principal a~nount of $3,935,000, originally dated as of the date of delivery, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set 1'orth, and which mature serially on February 1 in the years and amounts as follows: 12 City Council Minutes Monday, June 08, 2009 Page 9 of 25 Year Amount Year Amount 2010 $40,000 2017 $225.000 2011 185,000 2018 235_000 2012 l 90,000 2019 200,000 2013 200,000 2020 130,000 201 ~i 205,000 2021 140,000 201 ~ 205,000 2022 140.000 2016 220,000 Tenn Bonds due February 1, 2024 in the aggregate principal amount of $305,000. Term Bonds due February 1, 2027 in the aggregate principal amount of $210,000. Term Bonds due February 1, 2030 in the aggregate principal amount of $240,000. Term Bonds due February I, 2033 in the aggregate principal amount of $285,000. Term Bonds due February l, 2038 in the aggregate principal amount of $580,000. $3,005,000 o1'the Bonds (the'`Public FaciliYies Portion") maturing in the amounts and on the dates set forth below are being issued io finance Yhe Public Facilities lmprovements: Year Amount Year A~nount 2011 $95,000 2025 $65,000 2012 95,000 2026 70,000 2013 l 00,000 2027 '7~,000 201 A l 05,000 2028 75,000 2015 105,000 2029 A0,000 2016 I 15,000 2030 85,000 2017 ]10,000 2031 90,000 2018 120,000 2032 95,000 2019 130,000 2033 ]00,000 2020 130,0~0 2034 105,000 2021 140,000 2035 I 10,000 2022 140,000 2(~36 l 15.000 2023 150,000 2037 120,000 2024 155,000 2038 130,000 $325,000 of the Bonds (thc "Water Revenue Portion") maturing in the amounts and on the dates set forth below are being issued to finance the Watermain Improvements: Year Amount Year Amount 2011 $30,000 2016 $35,000 2012 35,000 2017 40,000 2013 35,000 2018 40,000 2014 35,000 2019 40,000 2015 35,000 $605,000 of the Bonds (the "Street Improvements Portion") maturing in the amounts and on the dates set forth below are being issued to tinance the Street Improvements: Year Amount Year Amount 2010 $40,000 2015 $6~,000 2011 60,000 2016 70,000 2012 60,000 2017 75,OD0 2013 6~,000 2018 75,000 2014 65,000 2019 30,000 2.04. Optional Redemntion. The City may elect on February 1, 2019, and on any date thereafter to prepay Bonds due on or atier February l, 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 8 hereofj of the particular amount of such maturity to be prepaid. DTC will detennine by lot the amouni of each participanYs interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments wil] be at a price of par plus accrued interest. 2.05. Term Bonds. The Term Bonds are suliject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principa) amounts as Pollows: SinkinE Fund Insfal6nenf Date Principal Amount 13 City Council Minutes Monday, June 08, 2009 Page 10 of 25 February 1, 2024 Term Bonds 2023 $ ( 50,000 2024 (maturity} 1~~,000 "70~7 Term Rands 2025 65.000 2026 70,000 2027 (~naturity} 75,000 2030 Term Bonds 2~28 75,000 2029 80,000 2030 (maturity) 85,000 2033 Term Bonds 2~~1 90,000 2~~2 95,000 2033 (maturity) 100,000 2038 Term Bonds 2034 ] 05,000 2035 110.000 2036 115,000 2037 120,000 2038 (maturity) 130,000 The specif ic Term Bonds to be redeemed will be selected by lot by the Registrar . Alt prepayments will be at a price of par plus accrued interest. Section 3. Registration and Pavment. 3.01. Registered Fonn. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principa) amount thereot; is payable by check or draft issued by the Registrar described herein. 3.02. Dates; lnterest Pavment Dates. Each Bond will be dated as of thc last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of autheniication is an interest payment date to which interest has been paicl or made available for payment, in which case the Bond will be dated as of the date ~f autl~entication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2010, to the regisiered owners of record as of the close of business on ihe fitteenth day of the immediately preceding month, whether or not that day is a business day. 3.03. Registration. The Ciry will appoint and will maintain, a bond registrar, tra~lsfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ister. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and eKChanges of Bonds entitled to be registered, transfened or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books tbr registration of any transfer after the tifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchanee of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the o~vner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may rehise to transfer the Bond until the Registrar is satistied that the endorsement on t6e Bond or separate instrumcnt of transfer is valid and genuine and that tl~e requesCed transfer is legally authorized. The Registrar will ineur no liability for tl~e refusal, in good faith, to make transfers which it, in its_judgment, deems improper or unauthorized. (fl Pcrsons Dcemed Owners. The City and ihe Registrar may treat the person in whosc: name a Bond is registered in the bond register as the absotute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid ana efiectual to satisfy and discharge ihe liability upon the Bond to the extent ofthe sum or sums so paid. (g) Ta~es. Fees and Char~es. The Registrar n~ay impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar far any tax, fee or other governmental charge required to be paid ~vith respect to the transfer or exchange. (h) Mutilated Lost. Stolen or Destroved Bonds. lf a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor ~n exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution f'or any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it tl~at the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon fumishing to tl~e Registrar an appropriate bond or indemnity in fonn, substance and amount satisfactory to it and as provided by law, in which both the City and the 14 City Council Minutes Monday, June 08, 2009 Page I I of 25 Registrar mus~t be named as obligees. Bonds so surrendered to the Registrar will be cancelied by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be ~iven by the Registrar by mailing a copy of~ the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affeci thc validity of tlie proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided Chat the funds for the redemption are on deposit with Che place of payment at that time. 3.04. Apnointment of Initial Reeistrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consotidation of the Registrar with another corporation, if the resutting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 3.05. Execution. Authentication and Deliverv. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithograPhed facsimiles of the originals. If an officer whose signature or a facsirnile of whose signature appears on the Bonds ceases to be such oflicer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Norivithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authenticaiion on the Bond has been duly eYecuted by the manual signature of an authorized representative of the Registrar. Certiticates of authentication on different Bonds need not be signed by the same representative. The executed certificate of aud~entication on a Bond is eonclusive evidence that it has been aufhenticated and delivered under this Resolution. When the Bouds have been so prepared executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed and the Purchaser is not obligated to see to the application of the purchase price. 3.06. Temporary Bonds. The City may elect to deliver in lieu of printed detinitive Bonds one or more typewritten temporary Bonds in substantially the fonn set forth in Section 4 hereof with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancel(ed. Section 4. Form of Bond. 4.01. T'he Bonds wi(] be printed or typewritten in substantially the standard form: No. R-_ LTNITED STATES OP AMERICA S'1'ATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLLIMBIA HEIGHTS GENERAL OBLIGATION PUBLIC FACILITIES BONDS, SERIES 2009A Date of Rate Maturi Orieinal Issue CUSIP February 1, 20_ Juty l, 2009 Registered Owner: Cede & Co. The City of Columbia Heights, Minnesota, a duly organized and existing municipal corparation and political subdivision located in Anoka County, Minnesota (the "Ciry"), acknowledges itself to be indebted and for value received promises to pay to the Registered Owner specified above or registered assigns, the principal sum oF $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, comnlencii~g February l, 2010, to t6e person in whose name this Bond is registered at the close of business on the fifteentli day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentafion and surrender hereof, the principal hereof are payable in lawiul money of the United States of America by check or draft by U.S. Bank National Association, Saint Paul, Mi~mcsota as Registrar. Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby inevocably pledged. The City may elect on February l, 2019, and on any date thereafter to prepay Bonds due on or after February l, 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will detennine. If less than all Bonds of a maturity are called ior redemption, the City wil( notify Depository Trust Company ("D'1'C") of the particular amount of'such maturity to be prepaid. DTC ~vill determine by lot the amount of each participant's inferesi in such maturity to be redeemed and each participant will then select by lot the benefiicial ownership interests in such maturity to be redeemed. Prepayments wii be at a price of par plus acerued interest. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on Che sinking fimd installment dates and in the principal amounts as follows: 15 City Council IVlinutes Monday, June 0$, 2009 Page 12 of 25 Sinking Fund Installment Date F'rincipal Amount February 1, 2024 Term Bonds 2023 $]50,000 2024 (nlaturiYy} 1~5,000 2027 Term Bonds 2~2~ 65,000 2026 70,000 2027 (maturity) 75,000 2030 Term Bonds 2~2g 75,000 2029 80,000 2030 (maturity) 85,000 ~033 Term Bonds 2031 90,000 2032 95,000 2033 (maturity) 100,000 2038 Term Bonds 2034 105.000 2035 ll 0,000 2036 115,000 2037 120.000 2038 (maturity) 130,000 The specific Term Bonds to be redeemed w~il] be selected by lot by the Registrar. All prepayments will be at a price of par p(us accrued inierest. This Bond is one of an issue in the aggregate principal amount of $3,935,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 8, 2009 (the "Resolution"), for the purpose of providing funds Co (i) construct a new public safety center for the police and tire deparhnents wiYhin the City, (ii) defray the costs of certain improvements to the City's watermain system, and (iii) defray the costs of certain street and alley improvements within the City, pursuant to and in full conformity ~vith the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075, Chapter 429, and Chapter 475, as amended. The principal hereof and interest hereon are payable in part from net revenues of the Ciry's water utility, in part from special assessments levied or to be levied on properiy specially benefited by local improvements, and in part from ad valorem taxes, as set forth in the Resolution to which reference is made for a fu(1 statement of rights and powers thereby confened. Tl~e full 1'aiCh and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taYable property in the City ii1 the event of any deficiency in water revenues, special assessments, and taaces pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 ar any integral multiple thereof of ~ingle maturities. As provided in the Resolution and subject to certain limitations set forth therein, d~is Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner s attorney duly authorized in writing, upon surrender hereof together with a~vritten instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be sunendered in exchange f'or Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any taac, tee or governmental charge required to be paid with respect to such transter or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for al( other purposes, and neither the City nor the Registrar ~vill be affected by any notice to Yhe contrary. The City Council has designated the issue of Bonds of whicl~ this Bond forms a part as "qualitied tax exempt obligations" within Che meaning of Section 265(b)(3) of the Internal Revenue Cocle of 1986, as amended (the "Code"}, relating Ce~ disallowance of interest expense for financial institutions and within the $30 million limit altowed by the Code for the calendar year of issue. 1T IS HEREBY CLRTIFIED, RECIT~D, COVENANTED AND AGREED that all acts, conditions and things rcquired by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be pertorn~ed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause tl~e indebiedness ot'the City to exceed any eonstitutional, staYutory or charter limitation of indebtedness. This Bond is noC valid or obligatory for any purpose or entitled to any security or benefrt under the Resolution until the Certificate of Authentication hereon has been executeci by the Registrar by manuai signature of one of its authorized representatives. IN WITNESS WHGREOP, the City of Columbia Heights, Anoka County, Minnesota, by its CiTy Council, has caused this Bond to be executed on its behalP by the facsimile or manual signatures of the Mayor and City Nlanager and has caused this Bond to be dated as of the date set f'orth below. 16 City Council Minutes Monday, June 08, 2009 Page 13 of 25 Dated: June 8, 2009 CITY OF COLUMBIA HEIGHTS, MINNESOTA (Facsimi(e) (Facsimile) City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delive~ed pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regul~tions: TEN COM -- as tenants llNIF GIFT MIN ACT Custodian in common (Cust) (Minor) I'EN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN --as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT Por value received, the undersigned l~ereby sells, assigns and transfers unto Bond and atl rrghts thereunder, and does hereby irrevocably constitute and appoint on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: the within attomey to transfer the said Bond Notice: The assignor's signature to this assignment must correspond with Yhe name as it appears upon the face of the wiU~in Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the SecuriTies Transfer Agent Medallion Program (`STAMP"), the Stock Exehange Medallion Program ("SEMP"), the New York Stock Exchange, Ina Medallion Signatures Program (`MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint~ account.) ~ Please insert social security or other identifying mm~ber of assignee PROVISIONS AS "CO REGISTRATION The o~vnership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Signature of Registered Owner Officer of Re~istrar Cede & Co. Federal ID # l 3-2~5~ 119 4.02. Approving Legal Opinion. The City Finance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany eacl~ Bond. Section 5. Pavment_ Securitv: Pledges and Covenants. 5.01. Funds and Accounts. (a) Gene~~ally. 71~e Bonds are payable from the General Obligation Public Facilities Bonds, Series 2009A Debt Service Fund (the "Debt Service Fund") hereby created. The City will maintain a Public Facilities Account (the "Public Facilities Account'), a Water Revenue Account (the °`Wafer Revenue AccounP'), and a Street Improvements Account (the "Street Improvements AccounP') in the Debt Service Fund. (b} Pteblic Facilities Account. The City Finance Director will Yimely deposit in the Public Faeilities Account the taxes (the "Ta~ces") levied or to be levied for I~ereunder, which Taxes are pledged to that accouut of the Debt Service Fund `I11ere is also appropriated to the Public Facilities Account of the Debt Service Fund $69,~90.94, representing the amount necessary to pay interest on the Public Facilities Portion of Yhe Bonds on Fel~ruary 1, 201d. If any payment of principal or int~rest on the Public Facilities Portion of the Bonds will become due ~vhen tl~ere is not 17 City Councit Minutes Monday, June 08, 2009 Page 14 of 25 sufficient money in the Public FaciliUes Account af the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest frotn the general fund of the City, and the general fund will be reimbursed for such advanccs out of the proceeds of Taxes when received. (c) Water Reveraue Account. The City will create and continue to operate its Water Fund to which will be credited all gross revenues of the City's water system and out of which will be paid all normal and reasonable expenses of current operations of the water system. Any balance therein are deemed net revenues and will be transferred, from time to time, to the Water Revenue Account of the Debt Service Fund, hereby created in the Water Fund, which account will be used only to pay principal of and interest on the Water Revenue Portion of the Bonds and any other bonds similarly authorized. There will always be retained in the Water Revenue Account of the Debt Service Fund a sufficient amount to pay principal of and interest on the Water Revenue Portion of the Bonds and the City Finance Director must report any current or anticipated deticiency in the Water Revenue Account to the City Council. If any payment of principal or interest on the Water Revenue Portion of the Bonds will become due when there is not suf~icient money in the Water Revenue Account of the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of pledged net revenues when received. (d) Str•eet Improvemenfs Accoauzt. The Ciry Finance Direetor will timely deposit in the Street Improvements Account the Taxes and the special assessments (the "Assessments") levied or to be levied for the Street Improvements described in Section 1.03 hereot; which Taxes and Assessments are pledged to the Street Improvements Account of the Debt Service Fund. There is also appropriated to the Street Improvements Account of the Debt Service Fund $4,367.71, representing the amount necessary to pay interest on the Street Improvements Portion of the Bonds on February 1, 2010. If any payment of principal or interest on the Street Improvements Portion of the Bonds will become due when there is not sufficient money in the Street Improvements Account of the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Taxes and Assessments when received. (e) Consiructzon Fa~nd. The proceeds of the Bonds, tess Che appropriations made in paragraphs (b), (e) and (d) of Yhis Section but including any amounts in excess of the minimum proposal designated for deposit herein in accordance ~vith Section 2.02 hereof, together with any other funds appropriated for the Public Facilities ImprovemenCS, the Watermain Improvements, and the Street Improvements, respectively, as the case may be, will be allocated to and deposited in a Public Facilities subaccount, a Water Revenue subacc:ount, and a Street Improvements subaccount, respectively, in a separate '`Construction Fund" to be used solely to defray expenses of the Public Facilities Improvements, the Watermain Improvements, and the Street Improvements, respectively. When tlie Public Facilities Improvements, the Watermain Improvements, and the Street lmprovements, respectively, are completed and the costs thereof paid, the relevant subaccount in the Construction Fund is to be closed and any balance in the respective subaccount therein is to be deposited in the Public Facilities Account, the Water Revenue Account and the Street Improvements Account, respectively, ofthe Debt Service Fund, as the case may be. 5.02. Covenants Regarding Water Revenue Portion of Bonds. The Council covenants and agrees with the holders of the Bonds that so long as any of the Water Revenue Portion of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) Mair~tenarzce a~~d Operc~tiaz of Sy~stein. The City will continue to maintain and effieiently operate its water system as a public utility and convenience free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water account as hereinabove provided, and will make no expenditures from that account except for a duly authorized purpose and in accordance with this Resolution. (b) YVater~ Revemre Account to be Mairatained cu~ ~Sepca~ate Account. The City will also maintain the Water Revenue Account of the Debt Service Fund as a separate account in the Water Fund and wil) cause money to be credited thereto from time to time, out of net revenues from the water system in sums sut7icient to pay princiPal of and interest on the Water Revenue Portion of the Ronds when due. (c) Books of Records and Accounts Relating to the System. The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the Ciry in which will be complete and correct entries as to all transactions relating to the water system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish certified transcripts theretrom upon request and upon payment of a reasonable fee therefor, and said account will be audited ai least annually by a qualified public accountant and statements of such audit and report wi(1 be furnished to all bondholders upon request. (d) Persons Handling Revenues and Banks Receiving Deposits. The Council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) Insz~rance. The Couucil will keep the water system insured at all times against loss by fire, Cornado and other risks custornarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (~ Perforr~zarzce of Dutfes. The City and each and all oi' its c~~t7~icers will punctually perfonn all duties with reference to the water system as required by law. (g) Pleclge to Prodarce Revenues. The City will impose and collect charges of the nature authorized by tl~e Utility Act at the times and in the amounts required to produce net revenues adequate to pay all principat and interest when due on the Water Revenue Portion of the Bonds and to create and maintain such reserves securing said payments as may be pro~~ided in this Resolution. 18 City Council Minutes Monday, June 08, 2009 Page I S of 25 (h) Paynaent of Deficie~~cies, if Any. The Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues with respect to the Water Revenue Portion of thc Bonds. 5.03. Pledge of Tax Leyy. For the purpose of paying the principal of and interest on the Public Facilities Portion and the Street Improvements Portion of the Bonds, there is levied a direct annual inepealable ad valorem taY upon all of the taxable properiy in the City, which will bc sprcad upon the ta~ rolls and collected with and as part of other general tares of the City. The Taces will be credited to the respeetive subaecounts of the Debt Service Fund above provided and will be in the years and amounts as follows (year stated being year of collection): Year Lev (See EXHIBIT B) 5.04. Certitication to C~ountv Auditor as to Debt Service Fund Amount. (a) It is hereby determined that the estimated collections of the foregoing Taxes wil] produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Public Facilities Portion of the Bonds. It is hereby determined that the estimated collections of the foregoing Taxes and Assessments will produce at least five percent in excess of the amount needed to meet ~vhen due the principal and interest payments on the Street Improvcments Portion of the Bonds. The tax levy herein provided is irrepealable until all of those respective portions of the Bonds are paid, provided that at the time Che City makes its annual taX levies the City Finance Director may certify Yo the County AudiYor of Anoka County the amounYs available in the Public Facilities Aceount or Street Improveroents Account of the Debt Service Fund, as the case may be, to pay principal and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy collectible during such year by the amount so certified. (b) It is hereby determined that the estimated colicction of net revenues for the payment of principal and interest on tl~e Water Revenue Portion of the Bonds wil) produce at least tive percent in excess of the amount needed to meet, ~vhen due, the principal and interest payments on such portion of the Bonds and that no taat levy is needed at this time with respect to the Water Revenue Portion of the Bonds. 5.05. Countv Auditor CerCificate as to Reg~istration. The City Finance Director is direcCed to file a certified copy ofthis Resc~lution with the County Auditor of Anoka County and to obtain the certificate required by Minnesota Statutes, Section 475.63. SecUon 6. Authentication of Transeript. 6.01. City Proceedin~s and Records. The officers of the City arc authorizcd and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the tinancial condition and affairs of the City, and such other certificates, afFidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 6.02. Certification as to Ot~icial Statement. The Mayor, the City Manager, and the City Finance Director are hereby authorized and d'uected to certify that they have examined the Ot~icial Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their know(edge and belief the Ofticial Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official StatemenY. 6.03. Payment of Costs of Issuance. 7'he City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel} to Bank of America, N.A. on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 7.'I'ax Covenants. 7.01. Ta~-Exempt Bonds. T'he City covenants and agrees with the holders from time to time of the Bonds that it wiil not take or pennit to be taken by any of its o~cers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Intemal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees ar agents to take, a11 aY3irmative action within its power that may be necessary to ensure that such interest will not become subject to taacation under the Code and applicable Treasury Reg~ilations, as presently existing or as here~frer amended and made applicable to the Bonds. 7A2. No Rebate Reauired. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods f'or inveshnents, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (CO~ether with other obligations reasonably expect~ed to be issucd in calendar year 2009) exceed the small issuer rebate exception amount of $5,000,000. (b) For purposes of qualifying f'or the small issuer rebate exception to the federal arbitrage rebate requirements, t6e City finds, detcrmines and declares that the aggregate face amount~ of all tax-exempC bonds (other than private activity bonds) issued by ihe City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to eaceed $5,000,000, within the meaning of Section 148(~(4)(D) of the Code. '7.03. Not Private Activitv Bonds. The Ciry further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in sucll a manner as to cause the Bonds to be `'private activity bonds" within the meaning of Sections 103 a~ld 141 through 150 of the Code. 7.04. Oualitied Tax-Exem,pt Obligat~ions. In order to qualify the Bonds as "qualified tax-exempt obligations" withul the meaning of Section 265(b)(3} of Che Code, the City nlakes tl~e following factual statemenYS and represent~ations: (a) tl~e Bonds are not'`private activity bonds" as detined in Section 141 of the Code; (b) t9~e City hereby designates the Bonds as '`qualified tax-exempt obli~ations" for purpc~ses oi' Section 265(b)(3) c~f the Code; (c) the reasonably anticipated amow~t of tax-exempt obligations other than any private activity bonds which will be issued by the City (and all subordinate entities of the City) during calendar year 2009 will not exceed $30,000,000; and (d) not more than $30,000,000 of obligations issued by ihe City during ca(endar year 2009 have been designated for purposes ot Section 265(b)(3) of the Code. 19 City Council MinuYes Monday, June 08, 2009 Page 16 of 25 7.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may appty in order to effectuate the designations made by this Section. Section 8. Book-Entrv Svstem; Limited Obli .~ation of City. 8.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2.03 hereof. Upon initial issuance, the o~vnership of each Bond ~vill be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this Section, all of the outstanding Bonds will be registered in the registration books kept by the Registraz in the name of Cede & Co., as nominee of DTC. 8.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City and the Registrar will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect Co any ownership interest in the Bonds, (ii) the delivery to a~ry Participairt or azry other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or inierest on ihe Bonds. The City and the Registrar may treat and consider the persan in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute o~vner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Registrar wil( pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal ot; premium, if any, or interest on the Bonds to the extent of the sum ar sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Finance Director of a written notice to the ef~ect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipY of such a notice, the Ciry Finance Director will promptly deliver a copy of the same to the Registrar. 8.03. Representation Lettec The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which will govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Registrar subsequendy appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Lerier with respect to the RegisCrar, to be complied with at all times. 8 04. Transfers Outside Book-Entry System. Tn the event the City, by resolution of the Council, detern~ines that it is in Yhe best interests of the persons having beneticial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participa~~ts of Che availability through DTC of Bond certificates. [n such event the City will issue, transfer and exchange Bond certificates as requested by DTC ai~d any other registered owners in accordance with the provisions of this Resolution. DTC may determine Yo discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this Resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 8.05. Pavments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will Ue made and given, respectively, in the manner provided in DTC's Operationa) Arrangements as set forth in the Representation Letter. Section 9. ContinuinQ Disclosure. 9.01. Citv Compiiance with Provisions of Continuing Disclosure Certificate. The City covenants and agrees that it will comply with and carry out a(I of the provisions of the Continuing Disclosure Certificate (hereinafter defined). Nohvithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. 9.02. Execution of Continuina Disclosure Certificate. "Continuing Disclosure Certificate'" means that certain Continuing Disclosure Certiticate executed by the Mayor and the City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section ]0. Defeasance. When all Bonds and all interest Yhereon have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Reso]uYion to the holders of t(~e Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principa) of and interest on the Bonds will remain in fiill force and effect The City may discharge all Bonds (or relevant portion thereot) which are due on any date by depositing with ihe Registrar on or before that date a sum sufficient f'or the payment thereof in fiill. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum suf3icient for the payment thereof in full with interest acc~ued to the date of such deposit. RESOLUTION NO. 2009-75 A RESOLUTION AWARDING THE SALE OF $580,000 TAXABLE GEN~RAL OBLIGATION TAX INCREMENT BONDS, SERIES 2009B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of fhe City of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section I.Sale of Bonds. 20 City Council Minutes Monday, June 08, 2009 Page 17 of 25 1.01. Back~round. it is liereby determined that: (a) Che Ciry and the Columbia Heights Economic Development Authority (the "Authority") have duly established the Kmart/Central Avenue TaY Increment Financing District (the "TIF District") within the Downtoum CBD Redevelopment Project (the "ProjecY') pursuant to Minnesota Stafutes, Sections 469.174 through 469.1799, as amended (the `°TIF Act") and Sections 469.001 t~hrough 469.047, as amended, which TIF District was certified by the Anoka County Auditor on July 23, 2004; (b) the City is authorized by Section 469.178 of the TIF Act and Minnesota Statutes, Chapter 475, as amended (the "Bond Act"), to issue and sell its general obligation bonds to pay all or a portion of the public redevelopment costs of the Project as identified in the tax increment financing plan (the '`TIF Plan") for the TIF District; (c) the following costs of the Project to be financed by the Bonds (herein defined) are auThorized by the TIF Plan: Activi Cost Project Construction Fund $500,000.00 Underwriter's Discount 8,120.00 Costs oi' Issuance 15,450.00 Capitalized InteresC 54,135.42 Rounding Amount 2.294.58 Total $580.000.00 (d) it is necessary and expedient to the sound f5nancial management o1' the affairs of the City to issue $~80,000 Taxable General Obligation TaY Increment Bonds, Series 2009B (the "Bonds") to provide financing f'or the above-identitied costs of the Project; (e) the Mayor and the City Manager are authorized and directed to execute a T~ Increment Pledge Agreement between the City and the Authority (the "Pledge Ab eemenP'}, in substantially the form on tile in City Hall, pursuant to which the Authority pledges certain Available Tax Inerement (as defined in the Pledge Agreement) from the TIF District to pay principal of and interest on the Bonds; and (fj the Authority has requested the City to issue and sell its general obligation bonds to tinance a portion of the above- identified costs of the Project. 1.02. Award to Purchaser and Interest Rates. The proposal of Northland Securities, Ina (the "Purchaser") to purchase the Bonds as described in the Terms of Proposalthereof is found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $571,880.00 for Bonds bearing interest as follows: Term Bonds due Febrttary 1, 2014 at 3.400%. Term Bonds due February I, 2016 at 4.1~0%. Term Bonds due February I, 2018 at 4.650%. Term Bonds due February l, 2021 at 5.100%. Net interest cost: 4.8~50129%. 1.03. Purchase Contract. The sum of $580 being the amount proposed by the Purchaser in excess of $571,300 shall be credited to the Project Fund hereinafter created. The City Finance Direetor is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks uf the unsuccessful proposers. The Mayor and the City Finance Director are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City 4vi11 forthwith issue and sell the Bonds pursuant to the TIF Act and the Bond Act in the total principal amount of $580,000, originally dated July 1, 2009, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and maturing serially on February t in the years and amounts as follows; Term Bonds due February 1, 2014 in the aggregate principal amount of $1 10,000. Term Bonds due February 1, 2016 in the aggregate principal amount of $120,000. Term Bonds due February 1, 2018 in the aggregate principal amount of $130,000. Term Bonds due February 1, 2021 in the aggregate principal amount of $220,000. ].05. Combined Maturities. The maturiry schedule of Yhe Bonds shall be combined with the maturiYy schedule o1'the Ciry's $3,93~,000 General Obligation Public Facilities Bonds, Series 2009A, which combined maturities conform to Section 47~.~4, Subdivision 1 of the Bond Act. 1.06. Optional Redemption. The City may elect on February 1, 2019, and on any date thereafter to prepay Bonds due on or after February ], 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as detined in Seciion 7 hereo~ of the particular amoimt of such n~aturity to be pre paid. DTC will determine by lot the amount of each participanYs interest in such mahirity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments ~vill be at a price of par plus accrued interest. IAZ Mandatorv Redemption. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus acerued interest on the sinking fund installn~ent dates and in the principal amounts as follows: Sinking Fun~d Installment Date Principal Amount Pebruary 1, 201~ Term Bonds 2013 $55.000 2014 (maCUrity) 55,000 2016 "1'erm Bonds 2015 60,000 2016 (maturity} 60,000 21 City Counci) Minutes Monday, June 08, 2009 Page 18 of 2S 2018 Term Bonds 20 t 7 65,000 20(8 (maturity) 65,000 2021 'Term Bonds 2019 70,000 2020 75,000 2021 (maturity) 7J,000 The specitic Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. Section 2.Re¢istration and Pavment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or dra$ issued by the Registrar described herein. 2.02. Dates: Interest Pavment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the Yirst interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2010, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the '`Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Re ister. The Registrar rnust keep at its principa) corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transfereed or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturiry, as requested by the transferor. The Registrar rnay, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of $onds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendercd upon transfer or exchan~c wil( be prompt~ly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or LJnauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transler is lega(ly authorized. The Registrar will incur no liability tor the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (~ Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charees. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental cl~arge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost Stolen or Destroved Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment ol'the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership tl~ereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to the Registrar, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. 1£ t~he mutilated, destroyed, sYolen or lost Bond l~as already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any c~f tl~e Bonds are called for reden~ption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by firsf class mail (postage prepaid) to tl~e registered o~vner oFeach Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registere~ uwner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption wi11 cease to bear interest after the specified redemption date, provided that the lunds for the redemption are on deposit with the place of payment at that time. 2.04. Apauintment of Initial Registrar. The City appoints U.S. Bank National Association, Saint Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the restdting corporation is a bank or trust company authorized by law to conduct such business, the resu(ting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and 22 City Council Minutes Monday, June 08, 2003 Page 19 of 25 customary charges af the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director must transmit to the Registrar moneys sut~icient for the payment of all principal and interest Yhen due. 2.05. Execution, Authentication and Deliverv. The Bonds will be prepared under the direction of the City Manager and executed on behalf ofthe City by the signatures of the Mayor and the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such ofticer before the delivery of any Bond, that signature or facsimile wi11 nevertheless be valid and sulticient for all purposes, the same as if the officer had remained in oftice until delivery. Notwithstanding such execution, a Bond will not be va(id or obligatory for any purpose or entitled to any security or benetit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purehase price. 2.06. Temporarv Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 hereof with such changes as may be necessary to reflect more than one maturity in a single temparary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3.Form of Bond. 3.01. The Bonds will be printed or rypewritten in substantially the following form: No. R- 1JNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HE7GHTS TAXABLE GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 2009B Date of Rate Maturi Original Issue CUSIP February 1, 20_ July I, 2009 Registered Owner: Cede & Co. The City of Co(umbia Heights, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specitied above, payable February 1 and August 1 in each year, commencing February 1, 2010, to the person in whose name this Bond is regisCered at the close of business on the ~fteenth day (whether or not a business day) of the immediately preceding month. "I`he interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by U.S. Bank National Assoeiation, Saint Paul, Minnesot~a, as Registrar, Paying Agent, Transfer Agent and AuYhenCicating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respecfively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevoeably pledged. The City may elect on FeUruary 1, 2019, and on any date thereafter to prepay Bonds due on or after February 1, 2020. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a nlaturiTy are called for redemption, the CiCy will notify Depository Trust Company ("DTC") of the particular ainount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by ]ot the beneticial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The '1'erm Bonds are subject to mandatory sinkin~ fuud redemption and shall be redeemed in part by IoC at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount February 1, 2014 Tern~ Bonds 2013 $55,000 2014 (maturity) ~5,000 2016 Tern~ Bonds 2015 60,000 2016 (maturity) 60,000 2018 Term Bonds 2017 65,000 2018 (maturity) 65,000 2021 Term Bonds 20l 9 70,000 23 City Council Minutes Monday, June 08, 2009 Page 20 af 25 zo2o ~~,ooo 2021 (maturity) 75,000 The specific Term Bonds to be redeemed will be selected by lot by the Registrar. All prepayments will be at a price of par plus accrued interest. This Rond is one of an issue in the aggregate principal amount of $580,000, all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on June 8, 2009 (fl~a "Resolution "), for the purpose of providing money to aid in financing certain public redevelopment eosts within the Downtown Central Business District Redevelopment Project in the City, pursuant to and in full conformiry with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.1799, Sections 469.001 through 469.047, and Chapter 475, as amended, and the principal hereof and interest hereon are payable primarily from tax increments resulting trom increases in ta~able valuation of real property in the K-MartlCentral Avenue Tax Increment Financing District within the Project, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obiigated itself to levy ad valorem tar.es on all tarable property in the City in the event of any deficiency in taY increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of singie maturities. As provided in the Resolution and subject to certain limitaiions set forth therein, this Bond is transferable upon the books of the CiTy at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange For Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject' to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and tor all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVF,NANTED AND AGREED thaC all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the Ciry in accordance with its terms, have been done, do exist, have happened and have been pertormed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory, or charter limiCation of indebtedness. This Bond is not valid or obligaiory for any purpose or entitled to any security or beneflt under the Resolution until tbe Certificate of Authentication hereon has been executed by the Registrar by manual signature af one c~f its authorized representatives. IN WITNESS WHEREOF, the City of Columbia Heigllts, Anoka CounCy, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsinaile or manual signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF COLUMBIA HL,IGHTS, MINNESOTA IFaesimilel (Facsimilel City Manager Mayor CERT]F1CAT~ OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION By Authorized Representative The ti~llowing abbreviations, when used in the inscription on the face ofthis Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as fenants IJNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniforn~ Gifts or by entireties Transfers to Minors JT TGN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (StaYe) Additional abbreviations may alsa be used though not in the above list. 24 City Council MinuYes Monday, June 08, 2009 Page 21 of 25 ASSIGNMENT For value received~ the undersigned hereby sells, assigns and transfers unto within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint said Bond on the books kept for registration of the within Bond, with full powcr of substitution in thc premises. Dated: attorney to transfer the Notice: The assignor's signature to this assignmenC must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any c6ange whatever. Signature Guaranteed: NOTICB: Signature(s} must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program (`STAMP'"), the Stock Exchange Meclallion Program ("SEMP"), the New York SYock Exchange, Ina Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identitying number of assignee PROVISIONS AS TO REGTSTRATION The o~vnership of the principal of and interest on tl~e within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Reaistration Signature of Reeistered Owner Officer of Registrar Cede & Co. FederalID #13-2555ll9 3.02. Approving Leaal Opinion. The City Pinance Director is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota which is to be complete except as Co dating thereof and to cause the opinion to be printed on or accompany each Bond. Section 4.Pavment Securitv: Pledges and Covenants. 4.01. Funds and Accounts. (a) Debt Sei•vice Fund. The Bonds are payable from the TaYable General Obligation TaX Inerement Bonds, Series 2009B Debt 5ervice Fund (tl~e '`Debt Service Fund") hereby created, and all Available Tax Increment (as defined in the Pledge Agreeme»t) received by the City from the Authority pursuant to tl~e Pledge Agreement is pledged to the Debt Service Fu~d. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the City Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for those advances out of the proceeds of Available Tax Increment when received. There is additionally appropriated to the Debt Service Fund proceeds of the Bonds in the amount of $54,135.42, representing capitalized interest through August 1, 2012; and any rounding amount, to the extent directed for deposit therein by the City's financial advisor. (b) P~°oject Fund. The proceeds of the Bonds, ]ess the appropriations made in paragraph (a), together with any other funds appropriated for the Project, will be deposited in a separate Project Pund to be used solely to defray costs of the Project described in Section 1.01 hereof. When the identified activities are completed and the costs thereof paid, the Project Fund is to be closed and any balance therein shall be deposited in the Debt Service Fund. 4.02. No Tax Lew. ]t is determined that the estimated collection of Available Tax Increment for payment of principal and interest on the Bonds wi(1 produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. County Auditor Certificate as Co Registration. 1'he City Finance Director is directed to file a certified copy of this Resolution with the County Auditor of Anoka County and obtain the ccrtificatc rcquired by Minnesota Statutes, Section 475.63. ~ Section S.Authentication of Transcriot. 5.01. Citv Proceedin~s and Records. The ofticers of th~ Cily are aulhorized and directed io prepare and furnish to the Purchaser and to the attomeys approving the Bonds, cert~ified copies of proceedings and records of Yl~e City relating to tl~e Bonds and to the tinancial eondition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore turnished, will be deemed representations of the City as to the facts stated therein. ~.02. Certification as to Official Statement. The Mayor, the City Manager, and the City Finance Director are authorized and directed to certify that they have examined the Offioial SCatement prepared and circ~ilated in connection with the issuance and sa(e of the Bonds and that to the best of their knowledge and belief the Ofl~icial Statement is a complete and accurate representation oY' the facts and representations made therein as of the date of the Official Statement. 5.03. Pavment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than a~nounts payable to Kennedy & Graven, Ghartered as Bond Counsel) to Bank of America, N.A., on the closing date ~for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. the 25 City Council Minutes Monday, 7une 08, 2009 Page 22 of 25 Section 6.Book-Entrv System: Limited Ob(igation of City. 6.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this Section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 6.02. Participants. Wiffi respect to Bonds registered in the registraYion books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City and the Registrar will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bon<ts as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in lhe Bonds, including but not timited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the RegisYrar) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City and the Registrar may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond tor the purpose of payment of principaL premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Registrar will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effecCual Co fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words °`Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Finance Director will promptly deliver a copy of the same to the Re~istrar. 6.03. Re~resentation Lettec The City has heretofore executed and delivered to DTC a Blanket Issuer L,etter of RepresentaYions (the "Representation Letter") which sl~al( govern payment of principat of, premium, if any, and inYerest on the Bonds and notices with respect to the Bonds. Any Registrar subsequently appointed by the City with respect to the Bonds wi11 agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar to be complied with at all times. 6.04. Transfers Outside Book-Entry Svstem. In the event the City, by resolution of the City Council, determines that it is in the best intcrests of the persons having bencticial interests in thc Bonds that they bc: able to.obfain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants. of the availabi(ity through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing ils services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the RegisCrar will authenYicate Bond certificates in accordance with Yhis resolution and the provisions hereof will apply to the transfer, exchange and method oY'payment thereof. 6.05. Pavments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 7.Continuing Disclosure. 7.01. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Conrinuing Disclosure Certifieate. Notwitl~standing any other provision of this Resolution, failure of the Ciry to comply with the Continuing Disclosure Certificate is noY Yo be considered an event of default with respect Co the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 7.02. Execution of Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayar and the City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended fmm time to time in accordance with the terms thereof. Section 8. Deteasance. When all Sonds and all interest thereon have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to tlte holders of tl~e Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds wilt remain in full force and et~ect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sut3icient for the payment thereof in full If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Reg,istrar a sum sufficient for ihe payrnent thereof in full with interest accrued to the date of such deposit. RESOLUTION 2009-99 Resolution of the City Council f'or the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article N, Section SA.408(~1) of thaf certain residential rental license held by Ali Mirdanadi (Hereinafter "License Holder"). Whereas, license holder is the le:gal o~vner of the real property located at 4 t 38 Quincy Street N.F3., Columbia ] Ieigl~ts, Minnesot~a, Whereas, pursuant to City Code, Chapter SA, Article ]V, Section SA.408(B}, written noi~ice setting fortl~ t~he causes and reasons for the proposed Council action contained l~erein was given ta tlie License Holder on May 12, 2009 of an public 1learin~ to be held on June 8, 2009. 26 City Council Minutes Monday, June 08, 2009 Page 23 of 25 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Coimcil of the CiCy of Columbia Heights makes the following: FINDINGS OF FACT 1 e That on January 12, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on March 20, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. 3. That on May 12, 2009 inspectors for the City of Columbia Heights performed a fina) inspection at the properiy and noted violations remained uncorrected. A statement of cause ~vas mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance C;ode were found to exist, to-wit: a. Shall remove the electrical 6 plex from the outlet at washer/dryer b. Cleanout plug missing from floor drain. Replace cover c. Sump pump pit not properly installed d. Laundry room waste piping Fernco fitting is upside down wye with CO plug. This is not allowed e. Laundry tub has flexible waste pipe. This is not allowed f. GFI outlet required ~vithin 6 feet of kitchen sink g. Light s~vitch plate is too small in hallway h. Tempered glass is required in window at top of stairway i. Smoke detector and CO detector are missing from hallway j. Trap for tub is leaking into basement ceiling. Repair and also install access panel k. Exhaust fan grille is not in place for mechanical exhaust l. Door knob in bathroom is loose m. Repair wallboard in bedroom n. Switch plate is to small in BR o. Smoke detectors are missing in 2 BR's p. Cover plate missing on outlet in porch q. Intall lights in storage room r. Vacuum breaker is missing from outside faucets s. Shall replace the garage slab t. Shall mount the handrail on the basement stairway u. Sl~all replace the broken windo~v and screen in the NW bedroom 5. That all parties, inetuding 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, ArCicle III SA.306 and SA303(A). ORDER OF COUNCIL l. The rental license belonging to the License Holder described herein and identitied by license number F9373 is hereby revoked. 2. The City will post Yor the purpose of preventing occupancy a copy of this order on the buildings covered bq the license held by License Holder. 3. All tenants shali 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 2009-80 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article [V, Section SA.408(A) of that certain residential renta( license heid by Patricia Eligio Rubio (Hereinafi~er "License Holder"). Whereas, license holder is the legal owuer of the real properiy located at 3915 Tyler Strreet 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 May 18, 2009 of an public hearing to be held on June 8, 2009. Now, therefore, in accordance with the forcgoing, and all ordinances and regulations of the City of Columbia Hcights, the City Council of thc City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about May 1, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection lor this property. The letter was mailed by regular mail to the owner at the address listed in Yhe property records. 2. That on May l8, 2009 inspection office staff reviewed the property tile 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 rewrds. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit renewa) rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given ihe appropriate notice of this hearing according to the provisions of il~e City Code, Chapt~er 5A, Article III SA.306 and SA.303(A). 27 City Council Minutes Monday9 June 08y 2009 Page 24 of 25 ORDER OF COLJNCIL L The renCal license belonging to tl~e License I-Iolder described herein and identified by license number U3915 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 ]icense held by License Holder; 3. All tenants shall remove themselves from the prernises within 60 days from the first day of posting of this Order revoking the license as he(d by License Holder. RESOLUTION 2009-76 Resolution of the Ciiy Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuanC to Chapter 8, Article II, of City Code, of the pr~perty owned by Evelyn M. Granvoos (Hereinafter "Owner of Record"). Whereas, the o~vner of record is the legal owner of the real property located at 4039 5`~ Street N.E. Columbia Heights, M innesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, Section 8.206, written notice setting Yorth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 22, 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 December 13, ?008 the Fire Department responded to a fire at the address listed above. After the situation was under controt the Fire Chief ordered an immediate abetment and that the building be secured. The owners were not able to secure the building. The Fire Chief ordered DuAll Services to respond to the scene and secure the building with plywood. 2. That on April 27, 2009 DuAll Services contacted the Fire Department and advised the Fire Chief that they were unsuccessful in getting paid from the homeowners insurance company. 3. That on May 22, 2009 the Fire Department sent sCatement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 4039 5~' Street N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the properiy located at 4039 5`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set tbrth in the Notice of Abatement. 2. That all relevant parties and pari'ies in interest have been duly served notice of this hearing, and any other hearings re(evant to the abatement of violations on tlie property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, oceupant, or tenant, as Yhe case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4039 5'~ Street N.E. constituYes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-77 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinanee violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Federal Home Loan Mortgage (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property (ocated at 4448 Quincy Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Colw~~bia Heights Code, Cl~apter 8, Article II, Section 8.206, written not~ice setting fori~h the causes and reasons Por the proposed council action contained herein was sent via regular mail to the owner of record on May 22, 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 l-Ieights Makes the following: PINDINCS OF FACT 1. That on May 22, 2009 the Fire Department responded to a complaint that the building located at 4448 Quincy Street N.E. was abandoned and unsecured. Inspectors found the building open and w~secured. The Fire Chief ordered an immediatc abetment and tl~at the building be secured. The Fire Chief ordered Du~All Services to respond to the scene and secure the building. 2. That on May 22, 2009 the Fire Department sent statement of cause to the registered owner of the property at~ ihe address listed in the Anoka County Property Records database. ~. That based upon said records of the Fire Department, the follo~ving conditions and violations of City Codes(s) were found to exist and have been abated, to wit:Approve the immediate abatement of the hazardous situation located at 4d48 Quincy Street N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8?06(B). CONCLUSIONS Oi' COUNCIL 1. That the property located at 44~8 Quincy Street N.E. is in violat~ion of the provisions of tl~e Columbia Heights City Code as set fartl~ in the Notice of Abatement. 28 ~ity Council Minutes Monday, June 08, 2009 Page 25 of 25 2. That all retevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of vio(ations on the property listed 2bove. 3e That all applicable rights and periods of appeal as relating to the o~vner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OP COUNCIL 1. The property located at 4448 Quincy Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-78 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 1I, of City Code, of ihe property owned by Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real properiy located at 3930 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 6, 2009. Now, tberefore, in accordance ~~ith the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Couneil of the Ciry of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on March 25, 2009 the Fire Department responded to a complaint that the building located at 3930 University Avenue N.E. was abandoned and unsecured. Inspectors found the building open and unsecured. A notice was sent to the owners of record for the property. 2. That on March 31, 2009 the Pire Department reinspected and found the building unsecured. A notice was sent to DuAl) Services to abate the violations at the properiy per city policy. 3. That on April 6, 2009 DuAll Services performed the work and secured the building. The Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3930 University Avenue N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to Yhe provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the properiy located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COL)NCIL l. The property located at 3930 UniversiTy Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 29 / ~~--~, - ~ Approved ~ ~ ~~~~_ 6/3/2009 ~ ~' ~' '~ ~ - ~ 1. /~~ COLUMBI~ HEIGHTS PUBLIC LIBR~RY BOr~RD OF TRUSTEES MINUTES May 6, 2009 The meeting was called to order by Acting Chair Patricia Sowada, at 6:33 p.m. Mernbers present were; Patricia Sowada, Nancy Hoium, Catherine Vesley and Lynette Thomson. Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the Apri17, 2009, Board meeting were approved as mailed. The bill list dated 5/1 1/09 was reviewed. lt was moved, seconded and passed that the bil(s be paid. The 2009 accounting dated 4/7/09 was reviewed. The additional column containing the revised budget figures was noted. Old Business: 1. The Library Board received tl~e revised list of 2009 Board meeting dates, approved at the April 7, 2009 meeting. The Board moved, seconded and passed that Patricia Sowada assume duties of Board Chair, and Nancy Hoium as Vice-Chair. 2. The By-Laws, revised at the April 7, 2009, meeting, were signed by Chair Patricia Sowada, Vice-Chair Nancy Hoium, and Secretary Catherine Vesley. 3. The parade route for the Jamboree has not been changed as previously proposed. 4. Loader has been given permission to fill the vacant Page positions. Applications will be accepted until 4:45 p.m. on Friday, May 22, 2009. The Board discussed the progress of the changeover of the public PCs to inanageinent by the City of Columbia Heights IS department. There have been ma»y challenges in the past week that are being met and resolved. A main change is that patrons have to go through the Queue to use the Internet terminals. The IS department is working on activating all links to the lntranet and Catalog at tlle circulation tenninals. 5. Loader attended the City Council work session on the 2010 budget. City Finance Director Elrite presented a 4-year plan that would reduce LGA dependence. The proposal will be presented at the next City Council meeting and progress continues on developing the 2010 budget. New Business: l. The crossover statistics for March were reviewed. 2. The Board appreciated receiving the article o~1 the St. Paul Public Library. 3. T11e Board reviewed the Green Sl~eet article explanatio~~ of property tax comparisons give~l to the Board for i~~formatioi~al purposes. Loader related additio~lal informatiou given by Cou~~cil Member Nawrocki. 30 4. Self-pickup of' I~olds by patrons started May 4`h. It will take 7 days to phase out the old system. All holds except Inter Library Loans will be available for patron self-pickup. Items from the Floor: l. Anoka Caunty Library Staff day will take place on August 28"'. It was moved, seconded and passed that part-time Library Supervisors be paid if they wish to attend staff day. 2. Hendren presented information obtained at a recei~t meeting with Unique Management. This company works with libraries to purslie collections accounts. The Board was interested "u~ receiving more information about the costs and bellefits of worki~lg wifll this company. There bein~ no further business, the meeting was adjourned at 7:29 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of dzsabiliry in th~ ad~nission or access tq or t~eatmerzt or employment in, its services, programs, or activities. Upon request, acco~nmodation will be provided to allow individuals with dzsabilities to participate in all Cily of Columbia Heights services, pr°ograms, and activities. 31 CITY COUNCTL LETTER 1Vleetin~ of June 22, 2009 AGENDA SECTI4N: Consent OItIGINATING DEPARTMENT CITY MANAGER NO. P4LICE APPROV • ITEM: Transfer of Funds from Generat Fu~~d tv Police BY: Scott Nadeau BY: ~" ' NO. Dept Budget to Reimburse Overtime Fund DATE: June 4, 2009 DATE: re: Off-Duty Employment t~.ssignments BACKGROUND rn May and June, the Palice Department recei~red paymenfi far off-duty e~nployment details at Calumb'ra Heights Higil School and Unique Thrift Store. The total amount of ihase payments was $$SO.QO. Tl~is money was deposited inta ~he City's General Fund. ANALYSIS/CCINCLUSION The Police Department is requesting fl~at the City Council pass a xnotion requiring ihe $850.00 recei~ed from CHHS ($255.00) and Unique Thzift Stores ($595.00) be returned to the 2009 Palice Departznent Budget line item 1020, Police Overtime. RECUMMENAED MOTI4N: Mave to transfer the $850.00 received from CHHS and Unique Thrift Stores from the General Fund to the Police Departznent 2009 Budget line item 1020, Police CJvertime. kao ~ -__. COUNCIL ACTION: 32 To: Chief Scott Nadeau Frorne Captain Lenny Austin Subject: Overtime Transfer Date: June 4, 20Q9 Attached is a list of the overtime reixnbursement received from May Ol-June 4, 2009. This is incoine from outside sourees that has been paid to CHPD for services of aur personnel. Please request a transfer of these fiinds to aur overtinae account. Patron„ ........ :. . ......::: ..... ..: . _ . ._:- . Iri~nxce # , . ...;: ~ate;Reee~~ed „ -- , Amount., ..- CHHS 2009-008 06/02I2Q09 ~255.00 Unique T~rift 2009-009 OS/l 1/2009 $595.00 Total Amaunt to be Transferred into Account: ~8sa.oo 33 CITY COUNCIL LETTER Meeting of June 22, 2009 AGENDA SECTIONe CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE NO: DATE: June 15, 2009 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Property Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees and penalities, RECOMMENDED MOTION: Move to issue a rental-housing license to Marietta Bornholdt to operate the rental property l~cated at 4207-09 2°d Street N.E. in that the provisions of the Property Maintenance Code code have been complied with. COUNCIL ACT10N. ~ l' 34 CITY COUNCIL LETTER Meeting of 6/22/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT• CITY MANAGER NO: PUBLIC WORKS • ~ ~:. ~ ,t ITEM: AUTHORIZATION TO SEEK BIDS FOR 2009 BY: K. Hansen BY: ~` SANITARY SEWER PIPE LINING PRO7ECT DATE: 6/17/09 DATE: Background: Public Works annually budgets $] 25,000 for sewer pipe lining to address pipe deficiencies. Through the sewer lining televising program, utility crews televise and inspect 16,000 - 20,000 feet a year. From these reports, a determination is made on pipe conditions. Along with a history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining. Analysis & Conclusions: Eight segments of pipe are recommended for lining in 2009: 1. 337 feet of 8" VCP clay tile on 44`h Avenue from Tyler Street to Arthur Street, MH36A39 to MH36A16. Inspection reports have identified significant joint infltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 2. 26 feet of 8" VCP clav tile at the intersection of Central Avenue and 43`d Avenue, MH36B08 to MH36B01. Inspection reports have identified significant joint i~lfiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 3. 330 feet of 8" VCP ciay tile on Central Avenue north bouild lane from 43`d Avetlue to 44`" Avenue, MH36B08 to MN36Bl 1. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 4. 248 feet of 10°' VCP clay tile on 49th Avenue from Tyler Street to Fillmore Street, MH25C45 to MH25C46. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 1,029 feet of 8" VCP clay tile on Hart Boulevard from 37`h Avenue to 39t" Avenue, MH36D31 to MH36D06. Inspection reports have identified significant joint infiltration and cracked pipe. Lining COUNCIL ACTION: p. 34A CITY COUNCIL LETTER Meeting of 6/22/09 AGENDA SECTION: CONSENT' AGENDA ORIGINATING DEPARTMENT• CTTY MANAGER ' NO: PUBLIC WORKS • ITEM: AUTHORIZATION TO SEEK BIDS FOR 2009 BY: K. Hansen BY: SANITARY SEWER PIPE LINING PROJECT DATE: 6/l7/09 DATE: Page 2 2009 SANtTARY SEWER PIPE LINING PROJECT wi11 restore pipe integrity and eliminate root intrusion and infil~ration at the joints. 6. 643 feet of 8" VCP clay tile on 4`" Street from 52°d Avenue to 53~dAvenue, MH26B11 to MH26B09. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. 7. 643 feet of 8" VCP clay tile on 5`" Street frorn 52"d Avenue to 53`d Avenue, MH26B 16 to MH26B 10. Inspection reports have idelltified significant joint infiltration and cracked pipe. Lining wi11 restore pipe integrity and eliminate root intrusion and infiltration at the joints. 8. 274 feet of 8" VCP clay tile on 5`" Street from S l s` Avenue to 52°d Avenue, MH26B l 7 to MH26B 16. Inspection reports have identified significant joint infiltration and cracked pipe. Lining will restore pipe integrity and eliminate root intrusion and infiltration at the joints. Recommended Motion: Move to authorize staff to seek bids for the 2009 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. COUNCIL ACTION: p. 34b CITY COUNCIL LETTER Meeting of: 6/22/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT• CITY MANAGER NO: PUBLIC WORKS ~ ~°~ TTEM: RESOLUTION 2009-$1 AUTHORIZING THE BY: K. Hansen BY~~~ ~' CITY OF COLiTMBIA HEIGHTS TO ENTER INTO DATE: 6/1'7/09 DATE: ' AGREEMENT No. 94788 WITH MNDOT TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAI~ FUNDS UNDER THE FEDERAL AMERICAN REINVESTMENT AND RECOVERY ACT (ARRA) Background: Over the last several years, the City has sougl~t funding to replace the pedestrian bridge over TH 65 on 49`h Avenue. Funding application 11as 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. The City of Columbia Heights has received funding for the Gateway Pedestrian Bridge totaling $3,000,000 through Federal Funds. The source of the funds is $475,000 of Appropriations that will authorize through the Federal process in July of 2009, or later, and $2,520,000 through the Federal Stimulus or ARRA Funds, which should be Federally authorized in June or July of 2009. Analysis/Conclusions: The handling of Federal funds is regularly routed through the State agencies - in this case MnDOT. The attached Agreement No. 92807 with MnDOT authorizes the State to act as the City's agent to receive Federal Funds awarded to tl~e City of Columbia Heights - which will also i»cl~ide funds appropriated through Congressman's Elliso-1's Office. The agreement details the duties of the City and of the State priar to and during construction, identifying Federal requirements to be as part of the acceptance of fi~nds. These include design requirements, construction reporting, and audit standards. As previously detai]ed in the Project Scoping Study, the next steps will involve: ^ ROW / Appraisals (150 - 180 days, Federal process) - currently in progress. ^ Engi~~eer Selection: State-Aid or QBS Process Requirements (following Federal appropriation: mid July, ~90 day design) - next 30 - 45 days. ~ ^ Public Involvement / Review ^ Selection of Approach Types o Selection of Bridge Type ^ Selection of Aesthetic Treat~nents ^ Final Design ^ MnDOT Submittals / Approvals (by November 13`h, 2009) o Public Bidding: Jan/Feb 2010 ^ Construction: Summer 2010 COUNCIL ACTION: 35 CITY COUNCIL LETTER Meeting of: 6/22/09 AGENDA SECTION: CONSENT AGENDA I ORIGINATING DEPARTMENT: NO: PUBLIC WORKS ITEM: RESOLIITION 2009-81 AUTHORIZING THE BY: K. Hansen CITY OF COLUMBIA HEIGHTS TO ENTER INTO DATE: 6/17/09 AGREEMENT No. 94788 WITH MNDOT TO ACT AS THE CITY'S AGENT IN ACCEPTING FEDERAL FUNDS UNDER THE FEDERAL AMERICAN REINVESTMENT AND RECOVERY AC T(ARRA) CITI' MANAGER BY: DATE: Recommended Motion: Move to waive the reading of Resolution No. 2009-81, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2009-81, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 94788 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimulus Funds for City Project No. 0906, TH 65 Pedestrian Bridge. Attachment: Resolution 2009-81 Agreement No. 94788, w/cover letter. COUNCIL ACTION: 36 RESOLLTTION NO. 2009-81 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT BETWEEN TRE MTNNESOTA DEPARTMENT OF TRANSPORTATTON AND THE CITY OF COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the C'ity of Columbia Heights to accept as its agent, federai aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federa] aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 94788", a copy of which said agreement was before the City Council and which is made a part hereof by reference. Dated this 22ND day of June, 2009. Offered by: Seconded hy: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 37 o~~C~~ESOPq Minnesota Department of Transportation D=' ~ State Aid for Local Transportatiou ~ Mail Stop 500, ~th Floor ~~FTRP~'~ ~95 Jol~n Ireland Boulevard Office Tel.: 651 366-3822 St. Paul, MN 55155-1899 Faa: 651 366-3801 Jtuie 8, 2009 Kevin Hailsel2 City Engineer 590 ~Oth Ave NE Columbia Heights, MN 55421 SUBJECT: Agency Delegated Contracting Process Agreement Agency Agreement No. 94'788 Dear NIr. HANSEN: Attached are fol.u• copies of the ageilcy agreemeut between tlie City of Columbia Heights and Mn/DOT, wluch allows for Mi1/DOT to act as the City's agent u~ accepting federal aid in comiection with the above referenced project. Tlus agreement is intended to cover all federally fiulded projects that the City of Cohuzibia Heights is awarded fiinds far. Yotu agency 11as been awarded an Econonlic Stimulus 1'roject. Tlus project caiuiot be let until this a~,neeinent is eYecuted. Please review and if approved, have ail falu co~ies sigi~ed. A Council resolution siinilar to the exam~le attached, must be passed. The certified resolution should then be placed as the last page iu each of the folu copies of tlle agreemeut. Please verify tliat the persoi~/title authorized to sign as stated in the resolutioii, coi-~esponds to the signattue (persoi~/title) on the signahue ~age. Ple~se return all fot~r copies of the agreeinezzt to me for NLt~/DOT signatures. A fully executed copy will be ret~u7ied to you. ~ ~ If you liave any questions or need any revisions, please feel free to contact me at 6S 1.366.3822. Y~ e Roshell, P~ `" Development Engineer Enclosures cc; GREG COUGHLIN--DSAE File (IvLt/DOT Agreemeiyt No. 94788) N:\FedAid\AQreement\latest samn~es\COlumbia HeiRhts DCP AaencVA~reement.doc 2/~/00 Page 9 Mn/DOT Agreement No. 94788 STATE OF MIlVNESOTA AGEI~TCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF COLUMBIA HEIGHTS FOR FEDERAL FA.RTICIPATION IN CaNSTR.UCTION ~ This agreement is entered into by and between the City of Columbia Heights ("Ciry") and the State af~Minnesota acting through its Comrnissioner of Transportation ("Mn/D4T"), Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the Ciry's agent in accepting federal funds on the City's behalf for the canstruction, irnprovement, or enhancement of transpartation financed either in whole or in part by federal funds, hereinafter refened to as the "Project(s)"; and Mn/DOT requires tl~at the terms and conditions of this agency be set forth in an agreement. THE PARTTES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT ta act as its agent in accepting federal funds in its behalf made available for the Project(s). . B. STA~FFING. 1. The City will furriish and assign a publicly employed licensed engineer, ("Project Engineer"), to be in responsible chazge of the Project(s} and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the City elects to use a private consultant for construction engineering services, the Ciry will provide a quatified, full-time public employee of the City, to be in responsible charge of the Project(s). The services of the City to be perfarmed hereunder niay not be assigned, sublet, or transferred unless the City is notified in writing by Mn/UOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the Ciry from its primary responsibility for performance of the work. 2e During the progress of the work on the Project(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from z~ ~ (Iv1n/DOT Agreement No. 94788) n~•1Fa,~e;,~~eM,.a..,.~.,:~i~~a~. <,s,,..~o~~rni...,,hc~WA:.,ti~~ nrn ertP..,..,eMAA..,o.,~,~.,,, ~isinn a.,..a i Mn/DOT, pursuant to Minnesota Statutes Section 16139. Such services may be covered by other technical service agreements. If Mn/DOT furnishes the services requested, and if Mn/DOT requests reimbursement, then the City will promptly pay Mn/DOT to reimburse ~ the state trunk ~highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the curreut Mn1DOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Praject(s). , C. LE'I"T'ING. The City will prepare construction contracts in accordance with ~ Minnesota law and applicable Federal laws and regulations. l, The City will solicit bids after obtaining written notification from Mn/DOT that the Federai Highway Administration ("FHWA") has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2a 'The City will prepare the Proposat for Highway Construction for the construction contract, which will include all of the federal-aid provisions supplied by MnlDOT. 30 `The City will prepare and publish the bid solicitation for the Project(s) as required by state and federai laws. The City will inctude in the solicitation the required ianguage for federal-aid conStruction contracts as supplied by Mn/DOT. The solicitation will state where the proposals, plans, and specifications aze available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4. The City may not include other work in the canstruction contract for the authorized Project(s) without obtaining prior notification from Mn/DOT tl~at such work is allawed by FHWA. Failure to obtain such natification may result in the loss of some or all of the federal funds for the Project(s). 5. The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive and open bids. 7, After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enteiprises, the City will not award ttie bid until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. . (MnlDOT Agreement Na. 94788) AS•\FrriAirilAorr~rmenrUarrcr cmm~les\C(llnmhiaHeiohts nCP Aeenr.vAare.emenr.iloc 2/5/00 Paee 2 Dm CONTRACT ADMINISTRATION. l. The City will prepare a~d execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition af Mn/DOT's Standard Specifications for Canstruction and all amendments thereto. 2. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of Mn/DOT Standard Specificatians far Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Off'ice. The plans, special prouisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspece, and document the work for the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred uniess the City is notified in writing by Mn/DOT that such action is perna~tted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no ~way retieve the City from its primary responsibility for performance of the work. ~ 4e The City will document quantities in accordance with the guidelines set forth in the MniDOT Contract Administration Manual Sections 410 and 420 that were in effect at the time the work was performed. S, The City will test materials in accordance with the Mn/DOT Schedule of Materials Control in effect at the time each Project was let. The City will notify Mn/DOT when work is in progress on the Project(s) that requires observation by the Independenk Assurance Inspector as required by the Independent Assurance Schedule. 6, The City rnay make changes in the plans or the character of the work, as may be necessary to complete the Project(s)> and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work performed under a supplernental agreement unless Mn/UOT has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7. The City will request appraval from Mn/DOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtai.n such approval may result in such costs being disallowed far reimbursement. 8a The City will prepare reports, keep records, and perfonm work so as to enable Mn%DOT to collect the fec~eral aid sought by the City. Required reports are listed (Mn/DOT Agreement No. 94788) N:~FedAidlAgreement~latese sampleslCOlumbiaNeights DCP AgencyAgreemen~doc 2/5/00 Page 3 in the Mn1DOT State Aid Manuai, Delegated Contract Process Checklist, availabie from Mn/DOT's authorized representative. The Ciry will retain all recorcls and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. 9. Upon completion of the Project(s), the Project Engineer will deternune whether the work will be accepted. E. PAYMENTS. l. The entire cost of the Projact(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project(s) that is not paid by federal fiunds. 2. The City will grepare partiai estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification af the partial estimate, the City wili make partial payments to the Contractor in accordance with the terms of the construction contract for the Froject(s). 3.. Following certification of the partial estimate, the Ciry may request reim6ursement, for costs eligible for federal funds. The Ciry's request will be made to Mn1DOT and will include a copy of the certified partial estimate. 4. Upon completion af the Project(s), the Ciry will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estirnate. Following certification of the final estimate, the City wiil make the final paym,ent to the Contractor in accordance with the terms of the construction contract for the Project(s). 5. Following certification of the final estimate, the City may requesf reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. F. LIMTTATIONS. 1. The City will comply with afl applicable Federal, State, and local laws, ordinances, and regulations. 2a Nondiscriminatian. It is the policy of the Federal Highway Adrninistration and the State of Minnesota that na person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity recerving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nandiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, ,i~n _ __ ___- __ a " (Mn/DOT Agreement No. 94788) N'1FPAAIfI~A[YfPPfiiPfll~ItifPCtcamnlec\C'(ll~imhiaNeiwhtall('PAnennvAureemen[dnr. ~J5!OO Paoe4 and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financiai assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies; is expected to take affumative action to assure that no persan is excluded from participation in, or is denied the benefits of, the pragram or activity on the grounds of race, color, national origin, sex, age, or disabiliry. It is the responsibility of the City to carry out the abave requirements. 3. Workers' Compensation. Any and all employees of the Ciry or other persans while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnIDOT, and any and ail claims that may arise under the Workers' Cornpensation Act of Minnesota on behalf of said. employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnlDOT. The City will require proaf of Workers' Compensation Insurance from any contraetor and sub- ~ contractor. 4. Utilities. The City will treat all public, private or cooperatively owned utility facilities which directly or indirecCly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. G. AUDTT. 1. The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are incorporated herein by reference. . 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, dacuments, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT, and either the Legislative Auditor or the State Auditor as apgropriate, for a minimum of seven years. The Ciry will be responsible for any costs associated with the performance of the audit. H, MAIN'I'ENANCE. The City assumes fuil responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. CLAIMS. The City acknowledges that Mn/DOT is acting only as the city's agent for acceptance and disbursement of federal funds , and not as a principal or co-principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals}, acts or ornissions in perfom~ing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent pernutted by the Minnesota Attorney . , (MnJDOT Agreement No. 9478$) N:~FedAidlAQreemenftlatese samnfes\CO(umbiaFleiRhts DCP AgencyA~reemen~doc 2J5/DO Page 5 General), and hold Mn/DOT harcnless from any claims or costs arising out of or incidental to the Project(s), including reasonable attarney fees incurred by Mn/DOT. `The City's indemnification obligatian extends to any actions related to the certification of DBE participatian, even if such actions are recommended by Mn1DOT. II. DUTIES OF MnIDOT. A. ACCEPTANCE. MnIDOT aecepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTNTTIES. l. Mn/DOT will make the necessary requests to the F~-IWA for authorization to use federal funds for the Project(s), and for reirnbursement of eligible costs pursuant ta the terms of this agreement. 2. Mn/DOT will provide to the City copies af the required Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid provisions to be included in the Propasal for Highway Constn~ctian. 3. Mn/DOT will review and certify the DBE participation and notify the City when certif'ication is complete.. If certification of DBE participation (or good faith efforts ta achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. 4. MnlDOT will provide the required labor postings. C. PAYMENTS. l. Mn/U4T will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will reimburse the City, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upori campletion of the Project(s), Mn/DOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and specifications, MnJUOT will promptly release any remaining federai funds due the City for the Project(s). 4a In the event Mn/L)C?T does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as Mn/DOT is able ta ~~ - - (Mn/DOT Agreement No. 94788) t~-~FP~ia;~~ao«PmenrUare~r aamnlPC\C'nlumhiaHeiPht~ I~CP AeencvAgreement.dnc 2/5/00 PaEe 6 process the federal aid reimbursement requests. Do AIUTHORITY. MnlDOT may withhold federal funds, where Mn/DOT or the FHWA determ.ines that the Project(s) was not completed in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will. have the right to audit, evaluate and monitor the work performed under tlus agreement The City will make available all books, records, and documents pertaining ta the work hereunder, for a minimum of seven years following the closing of the construction contract. III. TORT LIA.BILITY. Each party is responsible far its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. •'The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liabiliry. IV. ASSIGNMENT. Neither party will assign or transfer any rights or abligations under this agreement without prior written approval of the other party. ~ V. AMENDMENTS. Any amendmentslsupplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in ~ office. VI.. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution b.y the appropriate State o~cials pursuant to Minnesota Statutes Section 16C.05. VII. CANCELLATION. This agreement may be canceled by the City or MnfDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entided to reimbursen~ent for NIn/DC3T-approved federally eligible expenses iricurred for work satisfactorily performed on the Project to the date of cancellation subject to the terms of this agreement. VIII. DATA PRACTICES ACT. The parties will comply with the provisions of [he Minnesota Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data gathered, collected, created, or disseminated related to this Agreement. (Mn/DOT Agreement No. 94788) t~I:1FedAidlAgreementUatest samples\COlumbiaHeights DCP AgencyAgreement.dce 2/5/00 Page 7 CN V`+rITNESS W~iEREOF, ehe parties have caused this Agreement to be duly executed intending to be bound thereby. 1. CTTY iCity certifies that the appropriate person(s) have executed the contract on behalf of the City as required by app(icable articles, bylaws, resolutions or ordinances ~ 2. DEPARTMENT OF TRANSPORTATION By Title: Director 5tate Aid for Locai Transportation Date. 3. COMMISSI~1riER OF ADMINLSTRATIUN By: (Mn/DOT Agreement No. 9478H) nt-~FP,ra~rl~AoTeemr~Al~rP~r snmoles\C(7tumhiaHeiehts DCP AeencvAereement_doc 2/5(OU PaQe 8 CTTY COUNCIL LETTER Meeting of: 6/22/09 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT• CTTY MANAGER NO: PUBLIC WORKS . TTEM: FINAL PAYMENT FOR SANITARY SEWER BY: K. Hansen BY: LINING, PROJECT 0804 DATE: 6/17/09 DATE: Background: On May 27, 2008, the City Council awarded the annual sanitary sewer lining program to Insituform, Inc, This annual program rehabilitates sections of sanitary sewer pipe that has cracked or broken joints or sections, contains root intrusion or has infiltration present. This project consisted of lining the following segments: 1. Line 30 L.F. of 10" CIP reduced to 303 L.F. of 8" VCP on Central Avenue, 43`d Avenue to 44th Avenue 2. Line 294 L.F. of 8" VCP on 44t" Avenue, Central Avenue to Tyler Place, 3. Line 990 L.F. of 8" VCP on 45`~~ Avenue, Tyler Street to Fillmore Street, 4. Line 952 L.F. of 8" VCP on Nayes Street, 37th Avenue to 39th Avenue, 5. Line 330 L.F. of 8" VCP on Hayes Street, 39`h Avenue to 40`h Avenue, 6. Line 580 L.F. of 8" VCP on 40th Avenue, Hayes Street to Arthur Street, 7. Line 331 L.F. of 8" VCP on the easement, ~Vest cul-de-sac on 42'/2 Avenue to 43id Avenue, and ~ 8. Line 313 L.F. of 8" VCP on Fillmore Street, 45`h Avenue to 45%2 Avenue. Analysis /Conclusions: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Insituform Technologies, Inc. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 0804, and to authorize final payrnent of $5,286.16 to Insituform Technologies USA, Inc. of Chesterfield, Missouri. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 47 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTAl'~1CE 2Q08 SANITARY SEWER LINTNG PROGRAM CITY PR~JECT NUMBER 0844 June 16, 2009 TO THE CITY COUNCIL COLUMSIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Insituform Technologies USA, Inc. The sanitaly sewer worlc consisted af lining the following: 10" CIP reduced to 8" VCP on Central Avenue frorn 441h Avenue to first manhole south of 44`~' Avenue, 8" VCP on 44`h Avenue from Central Avernie to Tyler Place, 45`h Avenue from Tyler Street to Fillmore Street, Hayes Street from 37`~' Avenue to 39`~' Avenue, Hayes Street from first manhole north of 39`~' Avenue ta second manhole north of 39`~' Avenue, and 40`h Avenue from Hayes Street to Arthur Street. The sewer on Hart Baulevard, 37`~' Avenue to second inanhole north of 37`" Avenue was removed from the project because a section of the pipe needed to be removed and replaced before the main could be lined. Two segments were added: On the easement frorn west cul-de-sac on 42'/z Avenue to 43~d Avenue and Fillmore Street from 45t~' Avenue to 45'/2 Avenue. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the alnotu~t as follows: ORIGINAL CONTRACT PRICE $ 99,476.00 CHANGE ~RDER $ 6,647.40 FINAL CONTRACT AMOUNT $105,723.40 FINAL W4ItK APPROVEll $1Q5,723.40 ALL PRIOR PAYMENTS (~100,437.24) BALANCE I)UE HE~ H`I~ 5,286.16 Kevin K, Hansen City Ei~gineer 48 CITY COUNCIL LETTER AGENDA SECTION. CONSENT NO: ITEM: DISTRIBUTION OF THE 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE INDEPENDENT AUDITORS' REPORT NO: ORIGINATING DEPT: FINANCE BY: WtLLIAM ELRITE DATE: 06/17/2009 The 2008 Comprehensive Annual Financial Report (CAFR), including the Independent Auditors' Report, will be distributed to the City Cotmcil on June 22, 2009. Based on the discussion at the work session of June 1 St9 the City's auditor, David Mol, will be attending the July 13, 2009 City Council meeting to give a brief presentation regarding the City's audit and the compl iance report. It is not the intent of this meeting to include an in-depih question and answer session. If council members or others have questions regarding the CAFR, please submit them in advance, no later than July 6, to Joe Kloiber, the Assistant Finance Director. Joe will then distribute a list of all questions and the answers with the agenda for the July 13t" meeting. When submitting questions please include the page number of the CAFR that the question relates to as this will help to insure that we provide the correct information. Tn addition to the above, both the Finance Director and the Assistant Finance Director will be available to meet with council members at any time to review the CAFR and provide additional infonnation. To facil itate this in an efficient manner we are requesting that you contact Joe or me to schedule an appointment. RECOMMENDED MOTION: Move to recognize that the 2008 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 22, 2009, and to schedule a brief presentation by our auditor for the July 13, 2009 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2009. WE:sms 0906171 C'OUNCIL COUNCIL ACTION: 49 CITY COUNCIL LETTER Meeting of June 22, 2009 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY~ ~ ~` ~ Licenses ~ r' NO: DATE: June 16, 2009 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirelnents of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for June 22, 2009. COUNCIL ACTION: ~'` ~, 50 List of 200~ Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 12090 Gary George 952 44 1 /2 06/16/2009 10:26 s~ Page ~ List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 20159 N 8~ G Properties 1356 CIRCLE TERRACE 20247 NCI Holdings LLC 1739 37TH 30003 Crestview Corp. 1675 44TH 30043 Kleinman Realty Co./ Attn: Mark Jossart 4200 3RD 30075 New Concepts Management 4544 MADISON 30096 Peter's Place Apartments, ~~C 1000 PETERS 10110 Ahmed Abdullahi 4643 7TH 20214 Shacker Alnajjar 4637 PIERCE 12059 Marietta Bornholdt 4207 2ND 20090 Mark Carlson 5019 JACKSON 20063 Walter Caughey 3959 POLK 20133 Chris Cornelius 4975 TYLER 12102 Cindy Cotton 1235 37TH 20046 Angela D'Angelo 1815 41 ST 30123 Martha Demetriou 4654 TYLER 30070 Michelle Ferreira 4422 CENTRAL 10096 Bradley Ferris 411 40TH 20126 Raymond Fritz 1332 CIRC~E TERRACE 20388 Sheila Gutman 1242 CIRCLE TERRACE 30103 Mohamed Hassan 4557 MADISON 10079 Enes Hegic 4525 CHATHAM 20064 Kenneth Henke 4415 2 1/2 20066 Kenneth Henke 4433 2 1/2 10127 Vivex Kamran 2215 45TH 20151 Kris Kienzle 1356 CIRCLE TERRACE 30076 Jamie Lavanier 4545 MADISON 20021 Mark Lewis 1154 CHEERY 20163-M Julio Medina 4642 TAYLOR 10032 Marlin Moske 1012 GOULD 30100 Robert Ostlund 3940 PETERS 20114 John Pham 1709 37TH 30064 Michael Prokopiuk 3853 EDGEMOOR 20260 John Roder 4949 JACKSON 12219 Cheri Runke 4201 6TH 30122 David Rust 4653 TYLER 2p228 Nelia Schaff 4228 MADISON 20188 Ronald Schloesser 4215 2ND 12072 Sally Stark 4307 MADISON 20104 Ty Thompson 4645 TAYLOR 06/16/2009 10:26 52 Page ~ List of 2009 Rentaf Licenses to Approve Occupany I.D. Properly Owner Name Property Address 20112 Bart Woalsey 30161 Myong Yi 20243 Mark Youngren 3720 PIERCE 4546 TYLER 3816 3RD 06/16/2009 10:26 53 Page 2 CITY COUNCIL LETTER Meeting of: June 22, 2009 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shel(ey Hanson DATE: NO: DATE: June 3, 2009 BY: ~~~ ~~ , BACKGROUND/ANALYSIS Attached is the business license agenda for the June 22, 2009 Council meeting. This agenda consists of applications for Contractor licenses for 2009 , Peddlers Licenses, and an Ice Cream Truck License. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMII~NDED MOTION: Move to approve the items as listed on the business license agenda for June 22, 2009 as presented. ~ COLJNCIL ACTION: 54 7'O CITY COLTNCIL June 22, 2009 *Signed Waiver Forrr~ Accornpanied Application CONTRACTOR'S LICENSES 2009 ~LDG *Boiler Services Inc. 10327 Flanders St NE, Blaine $60 *Bauer Companies 999 SOth Ave NE, Col. Hts. $60 *Heating & Cooling Two 18550 Co Road 81, Maple Grove $60 Janecky Plumbing Service 720 Pontiac Place, Mendota Hts $60 PEDDLERS/SOLICITOR'S LICENSE POLICE *Rocwing Mgmt (Star Bar) 4005 Central Ave NE, Col. Hts $50 *Heather Miedema for Southwestern Co. Hudsonville, MI $100 (pending Police approval) *Arella Vargas/ Brenden Rogers for the Balloon Bunch, St. Paul $50/$50 (pending Police approval) ICE CREAM TRUCK LICENSE POLICE *Carmen Jimenez 7476 West Circle NE, Fridley $50 (pending Police approval) 55 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: June 22, 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 130646 through 130819 in the amount of $ 1,165,665.99 These checks have been examined and found to be legal eharges against the C1TY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 56 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/18/2009 14:47:24 Check Aistory GLOSOS-V06.~4 CO`JERPAGE GL540R ~*s~++~~~~x~+~~++~++~~*~**~~x~ ~~« +~t~*~+r~~ ~~~++* *+t*~*~r+x+~~+~~+***+~xtr~~~~ * *** C 0 U N C I L *** * ~ *** C O U N C I L *** * * *** C 0 U N C Z L *** * * *** C 0 U N C I L *** * x~~~«~:r~~++x~x~t~x**+.,r+x+~~~:t* *~~r+~«~x~~+~~ t~:rr*:t ~~+:t~~~**+~xr++++~+~r~~~x~r+~ P.eport Selection: Optional Report Tit1e.......06/22/2009 COUNCSL LISTING INCLUSI~NS: Fund & Account .............. thru Check Date .................. thru Source Codes ................ thru Journal Entry Dates......... tnru Journal Entry Ids........... thru Check Number ................ 130646 thru 130819 Project ..................... tnru Vendor ...................... thru Invoice ..................... t~ru Purchase order .............. t:nru Bank ........................ thru Voucher .................... tnru Released Date ............... tnru Cleared Date ................ thru Include Exp/Rev Closing Entries N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPZ Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 57 ACS FINANCIAL SYSTEM 06/16/2009 1~ BANK VENDOR BANK CAECKING ACCOUNT CZTY OF COLUMBZA HEIGHTS Check History GL540R-V06.74 PAGE 1 06/22/2D09 COUNCIL LISTING CHECK NUMBER AMOUNT AUSTIN/LENNY 130646 1'I5.44 BELLBOY BAR SUPPLY 130647 1,246.88 BELLBOY CORPORATION 130648 6,791.35 BRAY/LIZ 130649 94.56 CAPITOL BEVERAGE SALES L 130650 37,108.44 CHERNIN/ALEKSANDR 130651 69.85 CHISAGO LAKES DISTRIBUTI 130652 8,135.12 COCA-COLA BOTTLING MIDWE 130653 2,071.92 DANIMAL DISTRIBtTTING INC 130654 1,770.36 DAW ZNC 130655 210.00 DISCOUNT SCHOOL SUPPLY 130656 47.87 FARNER-80CKEN 130657 7,103.34 FEHST/WALTER 130658 38.65 GORZYCKIJKATHLEEN 130659 11.76 GRIGGS-COOPER & CO 130660 36,140.40 HOHENSTEINS INC 130661 5,406.00 INTEGRA TELECOM INC 130662 167.74 SS TAYLOR DIST OF MN 13D663 64,977.66 JOHNSON BROS. LIQUOR C0. 130664 331.92 MARK VII DIST. 130665 33,668.25 MN DEPT OF ADMINISTRATIJ 130666 341.12 MN HISTORICAL SOCIETY 13D667 216.00 MURZYN/SUE 130668 64.00 NORTAEASTER 13D669 314.10 OLSON/KAREN 13D670 186.81 ONVOY INC 130671 1,191.57 PAT KERNS WINE MERCHANTS 130672 403.00 PAUSTZS & SONS WINE COMP 130673 3,094.64 PETTY CASH - KEITH WINDS 130674 380.00 PHILLIPS WINE & SPIRITS 13~675 1,186.96 QUALITY WINE & SPIRITS 13D676 10,934.27 QWEST COMMUNICATIONS 13~677 156.93 RJM DISTRIBUTING INC 13D678 391.49 SALUD AMERICA INC 130679 320.00 SARGENT/JEFF 13D680 32.51 SUN PUBLICATION INC 13D681 360.00 SURLY BREWING CO INC 13D682 0'02.00 VERIZON WIRELESS 13D683 35.71 VOSS LIGHTING 13D684 1,066.64 WINE COMPANY/THE 130685 1,590.65 WINE MERCHANTS 130686 3,497.58 XCEL ENERGY (N S P} 130687 16,112.11 AARP 130688 168.00 AMERICAN SOTTLING COMPAN 130689 379.70 BELLBOY CORPORATION 130690 2,364.55 CAPITOL BEVERAGE SALES L 130691 34,733.98 CENTER POINT ENERGY 130692 26.56 58 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/18/2009 14 Check History GL540R-V06.74 PAGE 2 06/22/2009 COUNCIL LISTING BANK VENDOR CHECK NUN;BER AMOUNT BANK CHECKING ACCOUNT CHISAGO LAKES DISTRIBUTZ 130693 2,500.67 CITY OF COLUMBZA HEIGATS 130694 264,025.56 DANIMAL DISTRIBUTING INC 130695 875.52 EXTREME BEVERAGE 130696 549.00 FSH COMMUNICATIONS, LLC 130697 60.00 GENUINE PARTS/NAPA AUTO 130698 139.52 GRIGGS-COOPER & CO 130699 41,823.85 HOHENSTEINS INC 130700 6,514.05 ~S TAYLOR DIST OF MN 130701 18,449.43 ~OHNSON SROS. LIQUOR C0. 130702 42,117.82 MAACO 130703 525.00 MARK VII DIST. 130704 6,353.12 MINNESOTA COACHES INC 130705 1,393.11 NEEDHAM DISTRIBUTING CO 130'706 30.00 PASS/GABRIEL 130707 278.27 PETTY CASA - F.AREN MOELL 130708 154.84 PHZLLIPS WINE & SPIRITS 130709 10,451.12 QUALITY WINE & SPIRITS 130710 35,278.28 QWEST BUSINESS SERVICES 130'711 513.36 QWEST COMMUNICATZONS 130712 735.33 SCOTT/LARRY 130713 107.32 SHAMROCK GROUP-ACE ICE 130714 917.70 XCEL ENERGY (N S P) 130715 4,803.28 ACE HARDWARE 130716 26.80 AMERIKIT TECHNOLOGY SOLT 130717 194.56 AMERIPRIDE LINEN INC 130718 228.28 ANCOM COMMLTNICATZONS INC 130719 9.50 ANOKA COUNTY 130720 93,858.00 ANOKA COUNTY LIBRARY 130721 100.00 ASPEN MILLS, INC. 13072`L 91.80 ATLAS AUTO BODY, INC 130723 1,150.23 BAKER & TAYLOR 130724 1,519.06 BAKER & TAYLOR ENTERTAZN 130725 479.46 BARNA GUZY & STEFFEN LTD 130726 13,927.00 BLUEMELS TREE SERVICE 130727 4,274.60 HOUND TREE MEDZCAL LLC 130728 48.08 flRAUN INTERTEC CORP 130729 3,039.88 BUILDING FASTENERS 130730 163.30 BUREAU OF CRIMZNAL APPR 130731 225.00 CAMDEN PET HOSPITAL, INC 130732 1,086.76 CITY PAGES 130733 450.00 CITY WIDE WINDOW SERVICE 130734 78.00 COLUMBIA HEIGHTS RENTAL 130735 71.25 COMMERCIAL ASPHALT 130736 2,541.51 COMMERCIAL RECREATION SP 130737 6,448.00 COORDINATED BUSINESS SYS 130738 1,041.44 CREATIVE VISION TECHNLGI 130739 2,725.34 59 ACS FINANCIAL SYSTEM CITY OF COLUMSIA HEIGHTS 06/16/2009 14 Check History GL540R-V06.74 PAGE 3 06/22/2D09 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CROWN FENCE & WIRE 130740 34.07 CSC CREDIT SERVICES INC 130741 25.00 DAKOTA COUNTY RECEIVING 130742 134.00 DAVES SPORT SHOP 130743 1,486.87 DEMCO MEDIA 130744 492.63 DIAMOND VOGEL PAINTS 130745 908.45 DU ALL SERVICE CONTRACTO 130746 1,912.83 EBSCO PUBLISHING 130747 16.42 ECOLAS 130748 287.96 EALERS & ASSOCIATES INC 130749 8,485.00 ENVIRONMENTAL SYSTEMS RE 130750 405.40 FACTORY MOTOR PARTS INC 130751 47.03 FLAIR FOUNTAINS INC 130752 1,902.74 FLEX COMPENSATION, INC 130753 94.50 FLOORS NORTHWEST INC 130754 574.53 G& K SERVICES INC 130755 468.29 G B HANSON GRAPHICS 130756 84.73 GENE'S WATER & SEWER INC 130757 17,783.30 GENUINE PARTS/NAPA AUTO 130758 13.58 GREEN LIGHTS RECYCLING I 130759 15.19 HARTLAND FUEL PRODUCTS L 130760 4,138.40 HD SUPPLY WATER WORKS 130761 4,219.54 HEIGHTS ELECTRIC INC. 130762 222.00 HERRINGER/GERRY 130763 35.00 HOME DEPOT #2802 130764 556.7'7 HOUCHEN BINDERY LTD 130765 251.90 IDEARC MEDIA CORP 130766 61.75 IMAX THEATER 130767 250.00 INSTRUMENTAL RESEARCH IN 130768 170.00 KENNEDY & GRAVEN 130769 3,075.75 KIWANIS COLUMBIA HTS-FRI 130770 500.00 RIWANSS GOLDEN K FRID-CO 130771 500.00 LAKE RESTORATZON INC 130772 476.93 LEAGUE OF MN CITIES INS 130773 45,695.75 LINDER'S GREENHOUSES 1307'74 919.46 LOW VOLTAGE CONTRACTORS 130775 240.00 LYNDE COMPANY 130776 1,505.93 MARCO, INC 130777 94.52 MEDTOX LABORATORIES, INC 130778 149.28 MELSA 130779 10.00 MENARDS - BLAINE 130780 178.37 MENARDS CASHWAY LUMBER-F 130781 455.16 bfETROPOLITAN COUNCIL WAS 130782 74,716.88 MIDWEST LOCK & SAFE INC 130783 112.89 MIDWEST TAPE 130784 235.89 MINNEAPOLIS FINANCE DEPT 130785 109,761.64 MINNEAPOLIS OXYGEN C0. 130786 13.21 so ACS FZNANCIAL SYSTEM 06/18/2009 14 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 06/22/2009 COUNCIL LISTING CHECK NUMBER AMOUNT [~III DEPT OF HEALTH 13078'7 10, 134. 00 MN REC & PK ASSOC - MRP 130788 504.00 NEXTEL COMMUNICATIONS 130789 40.99 NORTHERN WATER WORKS SUP 130790 2,391.80 OFFICE DEPOT 130791 106.91 ON SITE SANITATZON 130792 688.86 FREMIUM WATERS ZNC 130793 51.42 RADIO SHACK 130794 18.76 RDO EQUIPMENT 130795 82.45 RECORDED BOOKS 130796 359.08 RYDBERG/SCOTT 130797 47.50 S& T OFFICE PRODUCTS IN 130798 461.99 SETS DESIGN 130799 715.00 SHAMROCK GROUP-ACE ICE 1.30800 89.15 STAPLES BUSINESS ADVANTA 130801 215.90 STAR TRIBUNE 130802 354.00 STORK TWIN CITY TESTING 130803 1,316.50 SUMMIT FIRE PROTECTION C 130804 205.00 SUN PUBLICATION INC 130805 56.93 SZUREK/MARLAINE 130806 35.00 TEE JAY NORTH INC 130807 128.00 TESSMAN CO 130808 1,819.02 THOMSON GALE 130809 151.30 TRIO SUPPLY COMPANY 130810 285.85 TRUGREEN CHEMLAWN 130811 251.99 USA MOBILITY WIRELESS IN 13D612 39.84 VER-TECH INC 13D813 200.00 WATER CONSERVATION SRVCS 13D814 220.30 WERNER ELECTRIC SUPPLY C 130815 81.92 WHOLESALE TRUCK-TRLR PR 130816 38.61 WW GRAINGER,INC 130817 116.17 YOUNG A'JDZENCES OF MINNE 130818 533.60 ZEP MANUFACTURING COMPAN 130819 210.24 1,165,665.99 s1 ACS FINANCIAL SYSTEM CITY OF COLUMA7A HFIGHTS 06/18/2009 14 Check History GL540R-V06.74 PAGE 5 06/22/2009 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT REPaRT TOTALS: 1,165,665.99 RECORDS PRINTED - 001040 ACS FINANCIAL SYSTEM 06/18/2009 14:47:29 Check History FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL 149,576.60 201 COMMUNITY DEVELOPMENT FUND 1,509.32 203 PARKVIEW VILLA NORTH 4'7.26 212 STATE AID MAINTENANCE 324.53 213 PARKVIEW VILLA SOUTH 4'7.26 240 LIBRARY 4,105.15 261 AFTER-SCHOOL PROGRAMS 915.30 270 FOLICE COMMUNITY PROGRAMS 1,0'77.25 371 TIF T4: 4747 CENTRAL AVE 4,974.00 376 TAX INCREMENT BONDS 3,880.00 402 STATE A~D CONSTRUCTION 3,039.88 412 CAPITAL IMPROVEMENT PARKS 6,867.12 415 CAPITAL IMPRVMT - PIR PROJ 3,129.33 420 CAP IMPROVEMENT-DEVELOPMENT 5'70.50 434 CAP EQUIP REPLACE - GARAGE 6~-22 601 WATER UTILITY 131,916.90 602 SEWER UTILITY 78,033.44 603 REFUSE FUND 1,015.19 604 STORM SEWER UTILITY 507.89 609 LZQUOR 441,831.55 651 WATER CONSTRUCTION FUNL 13,536.80 701 CENTRAL GARAGE 7,456.92 720 INFORMATION SYSTEMS 644.10 881 CONTRIBUTED PROJECTS-REC 650.87 883 CONTRIBUTED PkGJECTS-OTHER 363.97 884 INSIIRANCE 45,695.75 885 FAYROLL FUND 263,787.39 887 FLEX BENEFIT FUND 94.50 TOTAL ALL FUNDS 1,165,665.99 BANK RECAP: BANK NAME DISSURSEMENTS ---- --- - ----- - ----------------- BANK CHECKING ACCOUNT 1,165,665.99 TOTAL ALL BANKS 1,165,665.99 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 63 CITY COUNCIL LETTER Meeting of June 22, 2009 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ' { ITEM: Adopt Resolution For BY: Gary Gorman BZ : ~`~ ~'`~ Revocation ` DATE: June 16, 2009 DATE: NO: 09-85 to 09-93 Revocation of the license ta operate a rental unit within the City of Columbia Heights is requested against rental properties at 2009-85 - 4916-4916-1/2 Avenue 2009-86 - 4657-59 5`h Street 2009-87 - 1401 46`" Avenue 2009-88 - 654-656 47-'~` Avenue 2009-89 - 3723 Jackson Street 2009-90 - 5009 4t" Street 2009-91 - 4357 Tyler Place 2009-92 - 4648 Polk Street 2009-93 - 1324-26 Circle Terrace Blvd. for failure to meet the requirements of tl~e Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-85, 86, 87, 88, 89, 90, 91, 92, and 93 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-85, 86, 8~, 88, 89, 90, 91, 92, and 93 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. COUNCIL ACTION: ~ 64 RESOLUTION 2009-85 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 Ahmed A~-Beheary (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4916-4916-1/2 Tyler Street N~.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 10, 2009 of an public hearing to be held on June 22, 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 April 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 June 2, 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 submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9171 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove the~nselves 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 da~ of 2009 65 Offered by: Second bye Roll Call~ Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2009-86 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 Howard L. Lapides (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4657-4659 5`h Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 12, 2009 of an public hearing to be held on June 22, 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 October 16, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rentat Housing License Application. 2. That on November 12, 2008 and December 4, 2008 extensions of time were requested and granted to the property owners 3. That on January 6, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. That on January 15, 2009 a seasonal extension to June 2, 2009 was granted. 4. That on June 2, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall install proper flashing on all windows installed (basement, egress), the Building Official never finalized the new windows put in. The Building Official inspected tl~e windows and stated that to meet code proper flashing must be installed. 6. 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, Ck-apter SA, Article III SA306 and SA.303(A). ORDER OF COUNCIL 1 D The rental license belonging to the License Holder deseribed herein and identified by s~ license nramber F9346 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 rernove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2009-87 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.40$(A) of that certain residential rental license held by Ernest Onyia (Hereinafter °License Holder"). Whereas, license holder is the legal owner of the real property located at 1401 46t" Avenue, 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 June 4, 2009 and on June 9, 2009 of an public hearing to be held on June 22, 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 April 23, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2009 office staff mailed rental license renewal paperwork by regular mait to the owner at the address listed on the Rental Housing License Application. 3. That on May 31, 2009 office staff reviewed the property and noted that the renewal license application had not been received in the office. Statemen of Cause notices were mailed to the owner at the address listed on the Rental Housing License Application and posted on the property. 4. That on June 4, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 5. That on June 16, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall repair the fence on the east side of the property b. Shall submit a renewal rental license application and applicable fees 7o That ali 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 SA306 and SA303(A). 69 ORDER OF COUNCIL 1. `The rental license belonging to the License Holder described herein and identified by license number F9299 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~o RESOLUTION 2009-88 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthat certain residential rental license held by David Holton (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 654-56 47-1/2 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 9, 2009 of an public hearing to be held on June 22, 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 Aprii 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 June 2, 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 submit renewal rental license appiication and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental lieense belonging to the License Holder described herein and identified by license number F9172 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. 71 Passed this day of 2009 Offered bye Second by: Roil Callo Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 RESOLUTION 2009-89 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of that certain residential rental license held by Lilliana J. Letran (Hereinafter'Zicense Holder"). Whereas, license holder is the Iegal owner of the real property located at 3723 Jackson Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 9, 2009 of an public hearing to be held on June 22, 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 April 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 awner at the address listed in the property records. 2. That on June 9, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. A State~nent of Cause was mailed by regular mail to the awner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees b. Failure to schedule an annual rental relicensing inpsection 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 F9197 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; 3e All tenants shall remove themselves from the premises within 60 days from tlie first day of posting of this Order revoking the license as held by License Holder. 73 Passed this day of 2009 Offered by: Second by: Rolt Cali: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Cierk 74 RESOLUTION 2009-90 Resolution of the City Council for the City of Colurnbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental (icense held by Porfirio Perez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5009 4t" 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 May 26, 2009 of an pubiic hearing to be held on June 22, 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 May 12, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 26, 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- W it: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U5009 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildi~lgs covered by the license held by License Holder; 3. All tenants shall remove the~nselves from the premises within 60 days from the first 75 day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 76 RESOLUTION 2009-91 Resolution of the City Council for the City of Columbia l-leights approving revocat'ron pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Howard L. Lapides (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 465~-4659 Stn 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 June 12, 2009 of an public hearing to be held on June 22, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 16, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eleven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 12, 2008 and December 4, 2008 extensions of time were requested and granted to the property owners 3. That on January 6, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation rernained uncorrected. That on January 15, 2009 a seasonal extension to June 2, 2009 was granted. 4. That on June 2, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall install proper flashing on all windows installed (basement, egress), the Building Official never finalized the new windows put in. The Building Official inspected the windows and stated that to meet code proper flashing must be installed. 6, That all parties, including the License Hoider and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article IlI SA.306 and SA.303(A). ORDER OF COUNCIL 1, The rental license belonging to the License Holder described herein and identified by 77 license number F9346 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 sha11 remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _____ day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~s RESOLUTION 2009-92 Resolution of' tlle City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by William T. Wall (Hereinafter "License Holder"). Whereas, license holder is the legai owner of the real property located at 4648 Polk Street N.E., Columbia Heights, Minpesota, Whereas, pursuant to City Code, Chapter 5A, 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 May 28, 2009 of an public hearing to be held on June 22, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Ci1y Cotincil of the City of Columbia Heights makes the following: I'1NDINGS OF FACT 1. That on October 14, 2008 inspectors for the City of Coluinbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2o That on November 25, 2008 a seasonal extension of time was requested and granted to May 28, 2009 3. That on May 28, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That on June l 1, 2009 inspectors for the City of Columbia Heights performed a final inspectio» at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license applieation. 5. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Shall scrape paint the window trim and soffit, fascia 6. 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 F9299 is hereby revoked. 2, The City will post for the purpose of preventing occupancy a copy of this order on 79 the buildings covered by the license held by License Holder. 3e All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk so R~SOLUTION 2009-93 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 residentiai rental license held by Pat Fragale (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1324-26 Circle Terrrace Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 10, 2009 of an public hearing to be held on June 22, 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 That on or about April 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. That on June 2, 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 Iisted in the property records. 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- Wlt: a. Failure to submit renewal rental license application and fees 4e 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 SA306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9356 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2009 81 Offered bye Second bye Roll Ca11; Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 82 CITY COUNCIL LETTER Meeting of June 22, 2009 AGENDA SECTION: Public ORIGiNAT1NG DEPARTMENT: CITY Hearings Fire MANAGER NO; APPROVAL ITEM: Adopt Resolution For Abatement BY; Gary Gorman BY: .~~~ ~f ~'~~~` ~~ ~ DATE: June 16, 2009 DATE: NO: 09-94 to 09-95 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2009-94 - 961 37`" Avenue 2009-95 - 1412 Parkview Lane for failure to meet the requirements of the Residential Maintenance Code. RF.COMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2009-94 and 95 there beillg a~nple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-94 and 95 being resolutions of the City Council of the City of Columbia Heights declaring the properties tisted a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. COUNCIL ACTION: / ~-- 83 RESOLUTION 2009-94 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Deutsche Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner ofthe real property located at 961 3~rh Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June l, 2009. Now, therefore, in accordance with tl~e 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 December 1, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 1, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A cornpliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 12, 2009 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Departrnent, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install sod or seed or approved landscaped material on large bare area west of the driveway That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL That the property located at 961 37t" Avenue N.E. is in violation of the provisions of the Columbia Heights Ci1y Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record; occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ~ 84 ORDER OF COUNCIL The property located at 961 37t" Avenue N.E.constitutes a nuisance pursuant to City Code. 2, That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Gity Clerk 85 RESOLUTION 2009-95 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Edith J. Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1412 Parkview Lane N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 4, 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 April 23, 2009 an inspection was conducted on the property listed above. Inspeetors found four violations. A compliance order was sent via regular inail to the owner at the address. 2. That on June 4, 2009 inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 12, 2009 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace all/any siding on the house B. Shall replace all/any missing downspouts C. Shall remove all areas of scrub growth D. Shall repair all/any ripped/torn screens E. Shall replace all/any missing screens 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL ] e That the property located at 1412 Parkview Lane N.E. is in violation ofthe provisions ofthe Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abate~nent of violations oi1 the property listed above. 86 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL l, The property located at 1412 Parkview Lane N.E.constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2009 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk s7 CITY COUNCIL LETTER Meeting of: June 22, 2009 AGENDA SECTION: Public Hearing NO: ORIGINATING DEPT.: Community Development CITY MANAGER APPROVAL ITEM: Approving Resolution 2009-84, BY: Scott Clark BY: ~ ~ Approving a modification to the DATE: June 17, 2009 ~~~~~ ~ Downtown Central Business District ~ (CBD) Revitalization Plan and rnodifying the TIF lan for Universit Avenue (C8). Back~round Information: Over the past several months the City's Economic Development Authority has discussed and directed staff to start a"scattered site" acquisition and demolition program to purchase properties that are fimctional obsolete, structural unsafe and/or has other major issues such as the need for massive mold remediation. In order to create a future "scattered site tax increment district" seed money must be found to do the initial purchase. Staff has identified that the C8 Tax Increment Financing Redevelopment District (University Heights which was certified in 1985) has an existing fund balance, including FY 2009 and 2010 receipts, of approximately $970,000. 1n order for the City/EDA to use these funds a modification to the original 1985 TIF District Plan must be acted on. Staff (working with Ehlers and Associates) has prepared the modifications, including the notifications to the School District and the County. Note: Due to the size of the TIF Plan, staff has attached a three 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 Cauncil meeting). Recommendation: Staff recommends approval of the proposed modification to the original 1985 C8 TIF District Plan Recommended Mot~on: Move to waive reading of Resolution 2009-84 there being ample copies available for the public. Move to adopt Resolution 2009-84, Adopting a inodification to the downtown central b~isiness district (CBD) Revitalization plan for the CBD Redevelopment project; and a modification to the Tax Increment Financing Plan for the University Avenue Redevelopinent (C8) Tax increment Financing District. Attachments: Resolution 2009-84, Executive Summa , Anoka Coun Motion COUNCIL ACTION: sa CITY OF COLUMBIA HEIGHTS RESOLUTION 2009-84 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT; ~ND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT. RECITALS Section l. I.OL The Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("EDA") has heretofore established tl~e CBD Redevelopment Project (the "Project Area") and adopted the Downtown CBD Revitalization Plan therefor. It has been proposed by the EDA and the City that the City adopt a Modifrcation to the TaY I~lcrement Financing Plan (the "TIF Plan Modification") for the University Avenue Redevelopment (C8) Tax Increment Financing District (the "TIF District") within tl~e Project Area (referred to as the °Ivtodification"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sect'rons 469.1'74 to 469.1799, all inclusive, as amended, (the "Act") alt as reflected in the Modification, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Modificatio~l and have caused the Modification to be prepared. 1.03. The EDA and City have perfonned all actions required by law to be performed prior to the adoption and approval of the proposed Modification, including, but not limited to, notification of Anoka County and Independent School District No. 13 having taxing jurisdiction over the property to be included in the TIF District, a review of and written comment on the Modification by ihe City Planning Commission, approval of the Modification by the EDA on May 27, 2009, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifyii~g the boundaries or extending the tenn of the T1F District. therefor. 1.05. The City is not modifying the boundaries of the Project Area or the redevelopment plan Section 2. Findings for the Adoption and Approval of the Modification The Council hereby reaffirms the original finding that the TIF District is "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1) and predecessor statutes. In addition, the City rnakes the following findings: a. The Modification conforms to the general plan for development or redevelopment of the City as a whole. The fact supporting this finding is that the Tax Increment Plan Modificatioi~ will generally coinplement and serve to implement policies adopted in the City's comprehensive plan, and the Planning Commission made a similar finding. 89 b. The Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for 2he development or redevelopment of the Project by private enterprise~ The facts supporting this finding are that the Modification will help the EDA to continue redevelopment of the Project Area by private enterprise, particularly by addressing the problem of foreclosed and other substandard housing. c. The redevelopment pr~posed in the Modification, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable fiiture and therefore the use of tax increment financing is deemed necessary. This finding is supported by the fact that City the faces a significant housing foreclosure crisis, and absent public financial assistance to acquire and rehabilitate houses throughout the Project Area, such houses are likely to remain vacant and continue to serve as a blighting influence in the City. Based on the City's experieilce, redevelopment of foreclosed houses will not occur in the reasonably foreseeable future without assistanee. d. The Modification include modifying the budget a~1d bringing the Tat I~zcrement Financing Plan into confonnance with current Office of State Auditor requirements and authorizing the purchase of property with increments from the TIF District. The Council hereby finds that the Modification are intended to provide an impetus to accomplish certain objectives as specified in the Modification. Section 3. Public Pur~ose 3.OL The adoption of the Modification conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up, to provide employment opportunities, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 4. Approval and Adoption of the Modification 4.01. Conditioned upon the approval thereof by the Council following its public heariilg thereon, the Modification, as presented to the Council on this date, is hereby approved, established and adopted and sllall be p(aced on file i» the offiee of Community Development Director. 4.02. The staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to this Colincil far its consideration all furtl~er Modification, resolutions, documents and contracts necessary for this purpose. Approval of the Modification does not constitute approval of any project or a Development Agreement with any developer. 4.03 Upon approval of the Modification by the Council, the Commw~ity Development Director is authorized and directed to forward a copy of the Modification to the Commissioner of the Minnesota Depart-nent of Revenue and the Office of the State Auditor pursuant to M.S., Section 469.175, Subd. 4a. 4.04. The Community Development Direetor is fLirther authorized and directed to file a copy of the Modification with Anoka County Auditor. 90 Passed this 22°d day of June 2009 Offered by: Second by: Mayor, Gary L Peterson ATTEST: Patricia Muscovitz CMC City Clerk 91 ~~'~~~ T,~ ~~~~~_ _~ ~~~_- _. ~_._ ~ .____._ _ .__ _~_ _ _____ __----_ ______ ______.. ___..___ ______._______.__._~_ _ ~.~ Tax Increment Financing District Overview City of Columbia Heights University Avenue Redevelopment Tax Increment Financing District (C8) - 2009 Modification The following summary contains an overvie~v of the basic elements of the Modification to the University Avenue Redevelopment Tax Increment Financing District (C8). More detailed information on each of these topics can be found in the complete Modification to the Tax Increment Financing Plan. Proposed Action: Modification to the Tax lncrement Financing Plan for the University Avenue Redevelop~nent Tax Increment Financing District (C8): • Modifying the budget to reflect actual expenditures to date and future expenditures • Bringing the TIF Plan into conformance with current Office of State Auditor requirements • Authorizing the purchase of property in the CBD Redevelopinent Project Area This modification does not enlarge the geographical area of the District or extend the term of the District Type of District: Existing redevelopment district Maximum The modification does not change the tenn of the District. The first Duration: increment was received in 1985. Thus, it is estimated that the District, including any ~nodifications of the TIF Plan for subsequent phases or other cl~anges, would terminate on or before December 31, 2010. ' EHLE~~ LEADERS IN PUBLIG FINANCE ESTIMATE OF COSTS Uses of Funds ~y 21,1983 Original Budget Totals including the June 22, 2009 ModificaNon Acquisition $400,000 $1,511,000 Site lmprovements $300,000 $500,000 Bond Interest $0 $1,500,000 Capitalized Interest $64,463 Incl in Bond Interest Loan Interest $0 $150,000 Miscellaneous/Contingencies $25,000 $255,000 Issuance, Bond Costs & Discount $41,000 Incl in Admin Administration costs $40.000 $300.000 Total Costs $870,463 $4,216,000 Bond principal payments (Includes $1,070,000 $1,800,000 Refunding Bonds) Inter-fund loan principal payments $0 $1,000,000 Transfers $0 $500,000 50URCES OF REVENUE Sources May 21,1983 Totals including of Original Budget the June 22, 2009 Fuads Modification Tax Increments $3,965,000 $3,965,000 Interest on invested funds $0 $120,000 Other Sources $0 $131,000 Total Cost $3,965,000 $4,216,000 Bond proceeds Refunded bond proceeds Inter-fi~nd loans Transfers $1,070,000 $1,500,000 $300,000 $1,000,000 $500,000 93 University Avenue Redevelapment (C$} Central Business District Redevelopment Project City of Columbia Heights Anoka County, Minnesata Universirj Averue Rr,development tC8) Tax Increment Financing Dis[ri ~ ~ ~ ~~~~R ~ f I ____~ ~~0~~~~ ~ ~~~~~~~~~~' ~~- ~ ~ ~- ~~~~~~~~~~~ ~~~~~ ~~:~1 ~ ~ 4 .. ~~~~~~7~~ uu uu.~~' C~ty O} ~ ~ E~~ ~~ ~ Hilltop ;; t ~~~~~~~pllll IiI '~, ~~ _. ~~~ ~~ s ~~-', F~, ~ .-'~~- ~ ~ ,,,. . ~ _ ~~~~~~~~~~~~. ~~~~~~~~~~ I _ ~- ~ ~~~ - ~~~~~~~~~~~~ -, _ -;~- ~ - ~~~~ ~ ~~ ; _!~~~~~~~~~~ ~- ~~~~~~~~~! ~~~ ~~~~ ~~~~ City oi Legend ! Central Business District Redevelopment Project ~~ ~~ ~f Q University Avenue Redevelopment (CS} Tax Increment Financing District ~. " ~ ~~ `~ r ~ r~~7 ~~ ~ ~~~~1;~~~ ~ ,~';~~~~ ~ , ~,~ ~ _ _^ ~~ ~ The boundaries of the Central Business DisMct Redeve3opment Project are coterminous with the corporate ~imits of the City of Colum6ia Hefahts 94 ANOKA COUNTY CERTIFI~D MOTIQN Scott Clark, Columbia Heights Cammunity Developnlent Director, presented tlie proposed Modification to the Downfiown Central I3usiness District Revitalizatian Plan fo~• the Central Business District Redevclopznent Project and ~he Modification to the Tax Incremeni Financing Plan for the Univei•sity Avenue Redevelopment (C8) Tax Increinent Financing District within the Central Business District Redevelopment Project in the city of Columbia Heights to the couuty board for their review and cornment, as required by Chaptex• 469.175, subdivision 2, of the L1ws of Minnesota. (Plans are on file in the County Administration Office.} STATE OF~lI1VNESOTA ) SS COUNTY OFANOKA ) I, Ter~y L. Johnsan, County Administrator, ~lnoka Couzaty, Minnesota, hereby certify that I have compared the foregoing copy of the minutes of the caunty board of said caunty with the original record tlxex~eof on file in the Administratian Office, Anoka County, Miruiesota, as stated in the minutes of the proceedings of said county board at a meeting duly heid on June 9, 2009, and that the same is a t~•ue and correct copy of said original record atzd of the whale thereof, and that said Motion was duly passed by said board at said ineeting. Witness my hand and seaied this l Oth day of June 2009. ~~~a~m~ T Y . JO SON County Admi 'stz•ator COLUMBIA HEIGHTS - CITY COUNCIL LETTER AGENDA SECTION: Items For ORIGINATING DEPARTMENT: Consideration Fire MEETING N~ DATE: Jtme 22 20 ITEM: Adopt Resolution Nos. BY: Gary Gorman ~ ` 2009-82 and 2009-83 ~°~~ ~~ Authorizing Mutual Aid DATE: June 22, 2009 , , Agreements Background: The Fire Department currently shares equipment and resources with many communities and organizations as a way to provide fast and efficient services at reasonable costs to the citizens we serve. Much of this sharing is covered by mutual aid agreements that from time to time have to be updated to meet current fire service conditions. These two resolutions authorize the Mayor to enter into an agreement with the Minnesota Department of Natural Resources and the communities of the Anoka County Fire Protection Council for the sharing of resources. RECOD~IlVI~NDED MOTION: Move to waive the reading of Resolution No. 2009-82 and Resolution No. 2009-83, there be-ng ample copies available to the public. RECOMMENDED MOTIONe Move to adopt Resolution No. 2009-82 and Resolution No. 2009-83, being Resolutions authorizing Fire Department Mutual Aid Agreements. COUNCIL ACTION: 96 RESOLUTION NO. 2009-82 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT BETWEEN 11~IUlYICIPALITIES IN ANOKA COUNTY WHEREAS, the City of Columbia Neights is a member of the Anoka County Fire Protection Council and its Fire Chief is its authorized representative, and; WHEREAS, a mutual need exists between members of the Anoka County Fire Protection Council to share and assist one another in the areas of fire suppression, prevention, training, public education, arson investigation, disaster control and mitigation, and; WHEREAS, the City of Columbia Heights considers it to be in the best interest of the City to enter into a mutual aid agreement with the other members of the Anoka County Fire Protection Council. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a mutual aid agreement with other members of the Anoka County Fire Protection Council and hereby authorize the Mayor to sign such an agreement. Passed this 22°d day of 1une, 2009 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC City Clerk/Council Secretary 97 RESOLUTION NO. 2009-83 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT WITH TIiE 1~~IINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, The state of Minnesota, as authorized by M.S. 84.025, allows the Department of Natural Resources (DNR) to enter into cooperative agreements with Municipalities, and; WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire Protection Agreement with Anoka County fire departments to provide assistance only when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a cooperative agreement with the State of Minnesota, Department of Natural Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby authorize the Mayor to sign such an agreement. Passed this 22nd day of June, 2009 Offered by: Seconded by: Roll Call: Mayor Gary Peterson Attest: Patricia Muscovitz, CMC City ClerklCouncil Secretary 98 MUTUAL AID AGREEMENT FOR THE USE OF FIRE DEPARTMENT PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY THIS AGREEMENT is made and entered into this 22nd day of June, 2009, by and between the municipalities that have adopted a resolution as provided for in Section IX herein and have become signatories to this agreement or counterparts to this agreement. WHEREAS, the municipalities that have entered into this agreement desire to make available to each other its respective fire service equipment and personnel to assist other parties to this agreement when it has been determined that a municipality does not have sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation. THEREFORE, it is mutually stipulated and agreed to as follows: 1. PARTIES TO AGREEMENT Any municipality within Anoka County with a fire department or that contracts with a private fire department is eligible to be a party to this agreement by adopting a resolution as provided for in Section IX herein and becoming a signatory to this agreement. A municipality or private fire department that becomes a party to this agreement is hereinafter referred to as municipality or collectively municipalities. 11. PURPOSE Subject to the terms and conditions contained herein, the municipalities have agreed to provide mutual aid to each other in cases where the designated official has determined that the municipality has insufficient personnel and/or equipment to controt or extinguish a fire or fires or to deal with an emergency situation. III. DESIGNATED OFFICIAL. Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as considered necessary to deal with fire, hazard, casualry or other similar occurrence outside the municipality and by its suddenness would be impractical for the governing body itself to authorize the dispatch. IV. METHOD a. If in the judgment of the designated official the municipality has insufficient fire personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an emergency shall exist for the purpose of this agreement, and the designated official may call upon the fire department of any party to this agreement for assistance. b. Upon receipt of a call for assistance, the responding designated officer shall promptly dispatch at least one fire service apparatus with the usual number of personnel to assist with the emergency or to render stand-by service as the case may be; provided however, that no municipality shall be obligated to send its fire service equipment or personnel beyond its boundaries if, in the judgment of the municipality's designated officer, to do so would leave the 99 municipality without su~cient fire service equipment or personnel available within its limits for service of any fire which might subsequently arise. In extreme emergencies, the municipalities agree to make every effort to redistribute fire service equipment and personnel so that it may be availabfe for any additional needs which might arise during the emergency. c. The personnel and any fire or service equipment dispatched in response to the emergency shall upon arrival at the scene be under command of the officer in charge at the scene within whose boundaries the emergency is situated. V. INSURANCE Each of the municipalities that are a party to this agreement shall maintain insurance policies covering their own equipment and personnel while engaged in furnishing services under this agreement. VI. PERSONNEL All personnel responding to an emergency under this agreement shall for all purposes remain and be considered employees of the municipality where they serve and shall not be considered employees of the municipality requesting emergency service. VII. LIABILII'Y No municipality, nor any officer or employee of such municipality, shall be liable to any other municipality or to any other person on account of the failure of the municipality to furnish its fire service equipment or personnel in response to an emergency. No liability shall be incurred by a municipality that has summoned assistance under this agreement for damage to, or destruction of fire service equipment of a municipality rendering such assistance unless such damage or destruction was caused by the negligent or malicious conduct of an officer or employee of the municipality that called for the emergency assistance. The receiving municipality may, but is not required to, reimburse the responding municipality for equipment and supplies used and compensation paid to personnel furnished during the time when the rendition of assistance prevents them from performing their duties in the responding municipality, and for the actual travel and maintenance expenses of the personnel while so engaged. A claim for loss, damage or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless, within 90 days after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by the designated ofFicial, is filed with the designated official of the receiving municipality. VIII. TERM This agreement shall commence upon the approval and execution of the agreement by two or more municipalities as provided herein. Any municipality may withdraw from this agreement by giving thirty days' written notice thereof to the other municipalities that are then a party to this agreement. This agreement shall continue until such time as there is only one municipality remaining to the agreement, or upon mutual agreement of all municipalities then being a party to this agreement. -2- 100 IX. APPROVA~ AND EXECUTION To become a party to this agreement a municipality shall adopt a resolution authorizing the municipality to respond to emergencies outside its limits, and have its governing body approve this agreement and the appropriate authorized officials from the municipality execute the agreement. Xe ENTtRE AGREEMENT REQUIREMENT OF WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by the parties. XI. COUNTERPARTS This agreement may be executed in counterparts by any municipality desiring to be obligated by the terms and conditions contained herein. IN WITNESS WHEREOF, the municipality has executed this agreement and set their hands on the date(s) written below: CITY OF CO~UMBIA HEIGHTS By: Its: MAYOR Dated: JUNE 22 2009 CITY OF COLUMBIA HEIGHTS By: Its: FIRE CHIEF Dated: JUNE 22 2009 CITY OF CITY OF By: By: its: its: Dated: Dated: -3- 101 NA-01966-04 3-1-2008 Minnesota Department of Natural Resources Division of Forestry and the Columbia Heights Fire Department Anoka County Cooperative Fire Protection Agreement THIS COOP~RATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Depai~tmenC of Natural Resources, hereinafter referred to as the "DNR" and the Columbia Heights Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 84.025. I. PURPOSE The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland tire within the state. The Fire Department is responsible to prevent and eatinguish a(1 unwanted fires within its tire protection area. 1t is mutually advantageous and in the public's interest for the parties to t~his instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in tire hazard reduction in and adjacent to areas of mutual responsibility. III. THE FIItE DEPARTMENT SHALL: 1. Provide fi.~lly staffed and equipped fire fighting resources, when available for wildland f u•e suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire DeparCment or Fire Department's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fWtill its obligations pursuant to this Agreement. 3. Assume full responsibility, including legally rec~uired insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area ~vhen requested by the DNR. 5. Respond to additional wildland f re calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief. 6. Submit a report to the DNR within 24 hours of any wildland tire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fa~, e-mail, t3re report form, DNR wildland ~fire invoice form, or other written communieation that providcs the same information as the Fire Report Card. 7. Submit an invoice to the DNR within 30 days of an incident for which the frre department is requesting reimbursement. [nvoices beyond 30 days may not be honored. 102 NA-01966-04 3-1-2008 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within tl~e Pire Department's proCection area, provided the wildland tire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish a(l tools, equipment, supplies, fuels, and lubricants, excepC for those items furnished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution oF fire prevention materials and wildland fire prevention presentations. Bill the DNIt for wildland tire suppression at the agreed upon rate for fires that require more than two hours to suppress and/or DNR Forestry requests additional resources. When DNR Forestry, requests additional resources beyorul the first 2 lzozu~s, hourly rates for specific requested equipment, as described in the attached Rate Schedule, wiil apply. Invoices must be submitted within thirty (30) days of the fire(s). IV. THE DNR SHALL: I. Respond with specialized equiprnent for wildfire response, when possible, at the reyuest of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M.S. 88.O1 to 88.22 and 88.75) This includes billing the responsible party for all wildland tire suppression costs ofthe DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their tiretighting capabilities. 4. Assist the Fire Department with procuring and distributing fire prevention materials. 5. Provide wildland tire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland tire suppression, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. (Delete options that are not used.) 8. (Optional) May replace or reimbw•se the Fire Department for the cost of Class A firetighting foam used on wildland fires, with final approval of the DNR Forester. 9. (Optionat) Loan wildland firefighting tools, as available, to the Fire Department. V. REIMBURSEMENT POLICIES: 1. Lower rates may be negotiated for extended use at the Fire Department's discretion. 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for wildland fire suppression (asting more than two (2~ hours. For billable fire, lasting more than hvo hours, the fire department will be compensated at a flat rate of $350.00 for the 1~irst two hours beginning ai the initial response time. 3. For hourly billing of equipment requested by DNR Forestiy, time will l~e rounded to the nearest half hour. Billabte time should begin when the Fire DeparCment leaves its station and contimie until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The tire chief and local DNR forester may discuss charges that are in question prior to submitting a tinal 103 NA-01966-04 3-1-2008 invoice for payment. 5. [f the Fire Department is released by the DNR before the Fire Department has taken any suppression action on the fire, the Fire Department shall not submit a bill. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. This Agreement is effective on the date of the last signature and is to continue in force for tive (5) years or until terminated by either party ~iving thirty (30) days written notice Co the other. Both parties should review this Agreement annually. Fire Department: /s/ Date: Title: State of MinnesoCa Department of Natural Resources: /s/ Date: Area Forester /s/ Date: Regional Forest Manager (if required) 104 NA-01966-04 3-1-2008 Fire Department Cooperative Agreement Rate Schedule ITEM DESCRII'TION NUMBER OF WORK RATE * STANDBY RATE (inchide NWCG rype, meike, maaiel, year, serin/ ~irm~ber m~d apeciol ja•c~h~re.r, sr~ch os -iX-I,CAF or fomn yroportionera~) PERSONNEL W~ EQUIPMfiNT a. rate (includes personnel) b. per unit (hour, etc.) a. rate* b. unit (hour, ete.) a. b. c. d e. f ~ Additionai RequesYed firefighters Each PB~ hOUf per firefighter Same as work rate per hOU~ per firefighter *Standby rates shail be equal to %z of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. Special Rates: a. The Fire Department will only bill on wildland fires requiring more than 2 hours to suppress and/or ~~~hen DNR Forestry requests additional resources. b. The Fire Department will charge $350.00 for the first 2-hour response on tires requiring more than two hours to suppress. Atter two hours, equipment or personnel requested by the DNR will be charged at the rates in the above Rate Schedule. c, The Fire Department may bill from the time of initial response for tires on DNR administered lands, regardless of the length of time needed to suppress the fire. ($350.00 for first t~vo hours and then according to the rate schedule for subsequent hours~ _ __ _ _ _ ----- _ _ Deleted: 105 NA-01966-04 3-I-2008 The above rates have been agreed upon by: Columbia Heights Fire Department /s/ Date: Area k'oraster lsI Fire Chief Date: /s/ Date: Regional Forest Manager (if required) Rate Schedule Instructions: DNR Area 1. In Anoka Countv. fire denartments asreed that ontv fires Iastins over 2 hours shall 6e billable. The first 2 hours on a billable fire would be at the $350 rate. After that time, with DNR Forestry's aaproval, the per aiece of equiament aer hour rates would aaplv. On DNR administered lands, bills mav be submitted from the time of initial resaonse. 106 NA-01966-04 •~ T e of E ui ment ~•~. ~ ~ # of Crew Mem6ers ~~ E ui ment Rate/Hour lst 2 hrs as noted in a reement as needed $350 /2 hours En ine T e 1 4 $300 En ine T e 2 3 $200 En ine T e 3 3 $150 En ine T e 4 3 $15D En ine T e 5 3 $125 En ine T e 6 2 $100 En ine T e 7 2 $SO Water Tender T e 1 2 $200 Water Tender T e 2 2 $175 Water Tender T e 3 2 $150 Water Teoder T e 4 2 $100 Fire Fi hters 1 $15 . Fuel furnished by Fire Department. Federal Excess Property vehicles should be charged at a rate between YZ to 3/4 of the rate, depending on additional equipment and capabilities. Departure from the above rates requires Regional Forest Manager approval. Com onents ~ 1 ~. ~ 2 ~ ~~ 3 ~• 4 5 6 7 Pump Capaciry (GPM) at rated ressure ( si) 1000+ 150 250+ I50 150 250 50 100 50 100 30 100 10 100 Tank Capacity (Gal.) 400* 400+ 500+ 750+ 400- 750 150- 400 50- 200 Hose, 2 %z" (feet) 1200 ] 000 - - - - - Hose, 1%_" (feet) 400 500 500 300 300 300 - *Hose, 1" (feet) - - 500 300 300 300 200 Lad~er (feet) 48' 48' - - - - - Heav Stream (GPM) ~00 - - - - - - Personnel (minimum #) 4 3 2 2 2 2 2 Pum . GPM 300 200 200 -- Tank Ca ./ Gallons 5000+ 2500+ 10~0+ <1000 Personnel (minimum #) 2 2 2 2 * Not necessary to meet minimum requirement tor 1"' hose, unless contracting to go outside of home area, as a wildland engine on a wildland incident or assignment where National Wildfire CoordinaCing Group (NWCG} standards are required. 3-1-2008 2008 Suggested Rates for Minnesota Fire Department Equipment & Personnel Under Agreement with the Minnesota De artment of Natural Resources, Division of Forestry 107