HomeMy WebLinkAboutAugust 10, 2009 RegularCITY OF COLUMBIA HEIGHTS Mayor
Garv L. Peterson
590 40'" Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers
Vuitourwebsiteat: www.cr".ectturnbBa-Ireights.nvr.us Robert A. Williams
Bruce Nawrocki
Tanmiera Drehm
Bruce KeLenberg
City Manager
li~alterR. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, August 10, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities.
Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Rev. Ruth Hograbe, Community United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted. after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND
GUESTS
A. Introduction of our visiting Polish Students and their Chaperones
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve Minutes of the July 27, 2009 City Council meeting_ p6
MOTION: Move to approve the minutes of the July 27, 2009 City Council meeting.
B. Acct minutes of the Columbia Hei#;hts Boards and Commissions
MOTION: Move to accept the March 30, 2009 minutes of the Housing and Redevelopment pi7
Authority.
MOTION: Move to accept the August 5, 2009 minutes of the Planning and Zoning Commission. pzl
C. Ap rpm ove purchase of an AS400 Computer and Installation from Affiliated Computer Services,
Inc. (ACS pas
MOTION: Move to waive the reading of Resolution 2009-1 I6 there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2009-1 16 being a resolution to purchase an AS400
computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to
exceed $31,000 with a related budget appropriation from Fund 431 Capital Equipment
City Council Agenda
Monday, August 10, 2009
Page 2 of 5
Replacement -General Government.
D. Transfer of funds from General Fund to the Police Department budget to reimburse the overtime
p36
fund.
MOTION: Move to transfer $4,360.00 received from CHHS and Unique Thrift Stores and
$2,432.17 received from the Nightcap grant for our participation in the Anoka County DWI Task
Force from the General Fund to the Police Department 2009 Budget line item 1020, Police
Overtime.
E. Adopt Resolution 2009-115 authorizing the execution of agreement and participation in the Safe
and Sober communities grant pro rg am p3 9
MOTION: Move to waive the reading of Resolution 2009-115, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2009-1 l5 authorizing the execution of agreement and
participation in the Safe and Sober Communities grant program.
F. Authorize School Liaison Officer Contract with School District #13 for 2009-2010 p41
MOTION: Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement
with Columbia Heights Public Schools for the provision of a Police School Liaison Officer
program as stipulated in the Joint Powers Agreement for the period of September 1, 2009
through December 31, 2010.
G. Establish date for 2009 Public Special Assessment Levv Hearing for: Zone 1C and 3B Seal Coat
Program. Zone 4 Street Rehabilitation and Alley Reconstruction, and Delinquent Accounts. ps9
MOTION: Move to establish Monday, October 5, 2009 at 6:00 p.m. as the Public Special
Assessment Levy Hearing for City Project #0901 Seal Coat Project, to be held in the City
Council Chamber.
MOTION: Move to establish Monday, October 5, 2009 at 6:20 p.m. as the Public Special
Assessment Levy Hearing for City Project #0902 Zone 4 Street Rehabilitation and Alley
Reconstruction, to be held in the City Council Chamber.
MOTION: Move to establish Monday, October 5, 2009 at 6:40 p.m. as the Public Special
Assessment Levy Nearing for Delinquent Accounts, to be held in the City Council Chamber.
H. Approval of the attached list of rental housing license applications, as they have met the
requirements of the Property Maintenance Code. p6o
MOTION: Move to approve the items listed for rental housing license applications for August
10, 2009.
I. Approve Business License Applications p64
MOTION: Move to approve the items as listed on the business license agenda for August 10,
2009 as presented.
J. Approve Payment of Bills p66
MOTION: Move to approve the payment of bills out of the proper funds as listed in the attached.
register covering Check Number 1.31258 through Check Number 131400 in the amount of
$1,536,716.56.
City Council Agenda
Monday, August 10, 2009
Page 3 of 5
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC IFIEARIl~IG5
A. A request for a Conditional Use Permit to permit a digital LED dvnamic sign at 3701 Central
Avenue. p75
Motions for Approval:
MOTION: Move to waive the reading of Resolution 2009-119, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-119, approving a Conditional Use Permit for a
digital LED sign for Jeff's Bobby and Steve's Autoworld located at 3701 Central Avenue,
subject to the conditions outlined in Resolution No. 2009-119.
Alternate Motions for Denial:
MOTION: Move to waive the reading of Resolution 2009-1.20, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-120, denying a Conditional Use Permit for a
digital LED sign for Jeff's Bobby and Steve's Autoworld located at 3701 Central Avenue
because of the discriminatory advantage that would be given to Jeff's Bobby and Steve's
Autoworld over other like business should the Conditional Use Permit be granted.
B. Approval of a 5-foot frontyard setback variance for a monument sign and denial of a 5-foot P9o
height variance for a monument sign for 4621 Central Avenue.
MOTION: Move to waive the reading of Resolution 2009-117, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-117, approving a 5-foot front yard setback
variance for a monument sign located at 4621 Central Avenue, subject to the conditions outlined
in Resolution No. 2009-117.
MOTION: Move to waive the reading of Resolution 2009-118, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-118, denying a 5-foot height variance for a
monument sign for Mr. BBQ, located at 4621 Central Avenue because of the lack of a justifiable
hardship and because granting the variance would cause potential negative impacts to the public
and surrounding properties.
C. Adopt Resolutions 2009-111, 1140-42 45th Avenue N.E., 2009-1 12, 4901 5th Street N.E., 2009-
113 4509 Fillmore Street N.E., and 2009-1 l4, 4648 Polk Street N.E. being declarations of pio3
nuisance and abatement of violations within the City of Columbia Heights.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2009-111, 112, 113, and 114 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2009-111, 112, I l3, and 114 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.
City Council Agenda
Monday, August 10, 2009
Page 4 of 5
D. First Readina° Ordinance 1568 re• Repeat Nuisance Call Service Fee pllz
MOTION: Move to waive the reading of Ordinance No. 1568, there being ample copies
available to the public.
MOTION: Move to set the second reading of Ordinance No. 1568 for Monday, August 24,
2009, at approximately 7:00 p.m., in the City Council Chambers.
E. First Reading: Ordinance 1569 re: Weapons (Facsimile Firearms pli~
MOTION: Move to waive the reading of Ordinance No. 1569, there being ample copies
available to the public.
MOTION: Move to set the second reading of Ordinance No. 1569 for Monday, August 24,
2009, at approximately 7:00 p.m., in the City Council Chambers.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. Other Business
Approve professional services agreement for the final design of the Gateway Pedestrian
Bridge plzl
MOTION: Move to accept the proposal from SRF Consulting Group, Inc. in the amount of
$1.27,911. for the final design of the Gateway Pedestrian Bridge and furthermore, authorize the
Mayor and City Manager to enter into an agreement for the same.
2. Approve the purchase agreement for the grope acquisition of 675 37th Avenue, owned by
Hilltop Trailer Sales. peso
MOTION: Move to authorize the Mayor and City Manager to enter into a purchase agreement
for the acquisition of 675 37th Avenue, owned by Hilltop Trailer Sales.
3. Adopt Resolution No. 2009-121, being a Resolution declaring the intent to bond for the land
acquisition of 675 37th Avenue NE p16z
MOTION: Move to waive the reading of Resolution No. 2009-121, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2009-121, being a resolution approving the declaration
for the official intent of the City of Columbia Heights to Bond. for the land acquisition of 675
37th Avenue NE.
4. Appointments to vacant Board and Commission positions. pi64
MOTION: Move to appoint to the Library Board for the vacant term to
expire April 2012, to the Recreation Commission for the vacant term
to expire April 2013, to the Telecommunications Commission for the
vacant term to expire April 2011, and _
for the vacant term to expire Apri12011.
8. ADMINISTRATIVE REPORTS
Report of the City Manager
to the Traffic Commission
4
City Council Agenda
Monday, August lOs 2009
Page S of 5
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. COUNCIL CORl~tER
11. ADJOUP:NMENT
~~ ~ ~.
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Walter R. 1~ehst; City MAnager
W F/pvm
OFFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY, JULY 27, 2009
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
July 27, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDERlROLL CALL/INVOCATION
Pastor Mauro Souza, Church of All Nations, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki,
Councilmember Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed Resolution Numbers 2009-103, 105, and 107, in that the properties have
been brought into compliance.
Nawrocki requested to add, under the manager's report, discussion of the City's newsletter.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Fireman's Fund Heritage Grant Presentation to Fire Department from the Fireman's Fund
Insurance Company
Fire Chief Gary Gorman stated that Fire Fighter Tony Cuzzupe found out about this grant for fire
fighter equipment and the information to apply for this. This will be used to purchase two pulse
oximeters. Wesley Hoskins, Fireman's Fund Insurance Company, described the purpose of the
company and their Heritage program. On behalf of this company, he presented. the Fire
Department a check for $7,990.00. Cuzzupe showed a pulse oximeter and described the use of
this machine "on site".
Nawrocki asked if this was a budgeted item. Gorman stated no, and because of budgeting issues
this is a better way to obtain such items. Fehst stated that the Police Department also obtains
grants like this. Nawrocki indicated his feeling that it would have been better to purchase items
that were part of the budget.
Motion by Nawrocki, second by Diehm, to accept the Fireman's Fund Insurance Company grant
of $7,990.00.
Peterson stated that these units will help save lives in our community. He thanked Cuzzupe for
his work to obtain this grant.
Upon vote: All ayes. Motion carried.
B. Police/Fire/Post Office softball game
Peterson described the August St" SACA charity softball event including the Columbia Heights
Police and Fire Department, the Fridley Police and Fire Departments, and the Girls Fast Pitch
team. A food donation item is requested. Captain Lenny Austin stated that the event grows every
year.
City Council Minutes
Monday, July 27, 2009
Page 2 of 11
Peterson stated that a Murder Mystery Dessert Theater put on by the Mill Street Players (High.
School Students) will be performed on August 6`'' at Murzyn Hall. Nawrocki stated he attended
the Moon Shoe Players production and the event was exceptional.
CONSENT AGENDA
Nawrocki requested to remove items C, E, G, H, and. L. for discussion.
City Manager Walt Fehst took Council members through the Consent Agenda items:
A. Approve Minutes of the July 13, 2009, City Council Meeting
Motion to approve the minutes of the July 13, 2009, City Council meeting.
B. Approve Minutes of the Columbia Heights Boards and Commissions
Motion to accept the July 16, 2009, minutes of the Charter Commission.
Motion to accept the June 1 and July 13, 2009, minutes of the Traffic Commission.
C. Accept Donation of Property Located at 4147 - 7th Street -removed
D. Approve Installation of "Two-way Stop" Signs at the Intersection of 5th Street and 52nd Avenue
Motion to approve "Two-way Stop" signs at the intersection of 5th Street and 52nd Avenue,
stopping traffic on 5th Street, based on the recommendations of the Traffic Commission.
E. Approve the Receipt of Justice Assistant Grant (JAG) Fund Monies/Public Comment and
Review -removed
F. Approve Transfer of Funds for Drug Task Force and Auto Theft Grant from General Fund to
Police Department Budget to Reimburse Overtime Fund
Motion to transfer $5,395.96, the amount of money received from Anoka County as partial
reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force for
the first quarter of 2009 and for reimbursement of hours worked as part of the County's Auto
Theft grant, from the General Fund to the Police Department 2009 Budget line 1020, Overtime.
G. Authorize Agreement with Hennepin Technical College for Training in Exchange for a Pumper
Removed
H. Approve Demolition Contract Bid for 4108 - 7th Street and 4502 Washington Street
Removed
I. Approve Reissuance of the License to Operate a Rental Unit(s) Within the City of Columbia
Heights at 5009 4th Street N.E.
Motion to issue arental-housing license to Porfirio Perez to operate the rental property located at
5009 4th Street N.E. in that the provisions of the Property Maintenance Code have been met.
J. Approve Attached List of Rental Housing License Applications, in That They Have met the
Requirements of the Property Maintenance Code
Motion to approve the items listed for rental housing license applications for July 27, 2009.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for July 27, 2009 as
presented.
L. Approve Payment of Bills -Removed
City Council Minutes
i\9onday, July 27, 2009
Page 3 of 11
Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of
items C, E, G, H, and L. Upon vote: All ayes. Motion carried.
C. Accept Donation of Property Located at 4147 - 7th Street -removed
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-110, there
being an ample amount of copies available to the public.
Nawrocki questioned the value of the property and what we would pay. Fehst stated. the
appraised value is $32,000 and we will pay $1. Nawrocki asked what we will do with the lot.
Fehst stated we will demolish the building and keep the lot. Fehst stated that demolition will be
approximately $7,000.
Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-110, accepting the
donation of the property located at 4147 - 7th Street NE. Upon vote: All ayes. Motion carried.
E. Approve the Receipt of Justice Assistant Grant (JAG) Fund Monies/Public Comment and
Review
Fehst stated that funds would be used for squad car cameras, allowing all of our squads to be so
equipped. Nawrocki asked if these items were part of the budget. Austin stated they are not.
Nawrocki stated the grants should used for budget items. Fehst stated that same grants do not
allow the budget to be reduced.
Diehm thanked both the police and fire departments for their grant application efforts. We have
been working to cut costs without raising taxes more than necessary. Staff is seeking sources to
obtain items we can not afford rather than coming to the City Council for funds.
Motion by Diehm, second. by Kelzenberg, to accept the receipt of $19,520 in Edward Byrne
Memorial Justice Assistance Grant (JAG) Program funds, $1,952 of which will be allocated to
the City of Coon. Rapids in exchange for administration of the grant. Upon vote: All ayes.
Motion carried.
G. Authorize Agreement with Hennepin Technical College for Training in Exchan eg for a
Pumper
Fehst stated this is an opportunity to donation our 1977 pumper truck in exchange for training
credits. Also, through a State program, for every dollar spent in training you received an
additional dollar's worth of training. Fire Fighter Rob Miller made us aware of this program.
Fehst complimented the Chief and his staff for finding ways to make the budget go further.
Gorman stated that our training budget just covers the basics, but not near what is needed.
Nawrocki questioned if this included the technician spoken of previously. Gorman stated that is a
different program allowing an intern to do training work on our inspection program. Nawrocki
asked if the intern would tour the community looking for violations. Gorman stated he is doing
research in our department and may do some grass inspections. Gorman listed other communities
that have donated equipment in exchange for training dollars.
Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into
an agreement with Hennepin Technical College to donate a 1977 Ford L9000 pumper to the
college in exchange for $20,000 in fire and EMS training and classes as outlined in the
agreement. Upon vote: All ayes. Motion carried.
Gity Council Minutes
Monday, July 27, 2009
Page 4 of 11
H. Approve Demolition Contract Bid for 4l 08 - 7th Street and 4502 Washington Street
Fehst stated this demolition contract is for two properties and is a reasonable price. Nawrocki
asked if the lot will be restored. Fehst stated yes. Nawrocki asked the administrative costs. Scott
Clark, Community Development Director, stated that the demolition contract work takes about
five to seven hours.
Motion by Nawrocki, second by Diehm, to approve the demolition contract for Demo, Dig and
Haul in the amount of $15,940 for properties located at 4108 - 7th Street and 4502 Washington
Street. Upon vote: All ayes. Motion carried.
L. Approve Payment of Bills
Nawrocki questioned #131081 to Luther Toyota. Austin stated this is the replacement of an
investigation unmarked vehicle that was totaled. The vehicle was fully depreciated.
Nawrocki questioned # 131200, authorization for work by Jeff s Bobby and Steve's, relevant to
Mr. Williams sitting on the Council,
Motion by Nawrocki, to approved payment of the bills, including approval of check #131200 to
Jeff's Bobby and Steve's. Second by Diehm.
Nawrocki indicated his understanding that payment should be by vote of the Council with a
contract involving someone on the Council. If the Council had voted on the contract, we would
not have to do this. Fehst stated that is not the law. Jim Hoeft, City Attorney, indicated the
Attorney General's office and Auditor's office contacted him and agreed with his position given
to Council, therefore there is no issue with this.
Diehm asked that the record reflect that we are not required to do as Councilmember Nawrocki
indicated.
Nawrocki requested another copy of the State Statute dealing with purchases by an involved
member of the Council. Hoeft stated that it does not apply to this situation, because of the
Charter provision.
Peterson questioned if council members can vote on a bill list that includes their meeting and
mileage reimbursement. Fehst stated that we should obtain a legal opinion on this.
Upon vote: All ayes. Motion carried.
PUBLIC HEARINGS
A, Adont Resolution 2009-108 for 4001 University Avenue N.E., and Resolution 2009-109 for
1.40] -03 Parkview Lane N.E., Being Declarations of Nuisance and Abatement of Violations
Within the City of Columbia Heir,hts
Fire Chief Gary Gorman listed the items required under declaration of abatement: a fence near a
propane tank needs to be moved and Parkview Lane property needs to be cleaned up. Nawrocki
requested the alley on the west side of this property be checked for tall weeds.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2009-108, and 109 there being ample copies available to the public. Upon
vote: All ayes. Motion carried.
City Council Minutes
Monday, July 27, 2009
Page 5 of 11
Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2009-108, and 109 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.
Williams asked if the Fire Department had been notified that Corday's home has been
abandoned. Gorman stated they had not.
B. Adopt Resolutions 2009-103 for 1132-34 45th Avenue N.E., 2009-104 for 1124-26 45th Avenue
N.E. 2009-105 for 3849 Central Avenue N.E. 2009-106 for 1325 Pierce Terrace Blvd N.E. and
2009-107 for 3817 Hayes Street N.E., Beim Resolutions Approving Rental License Revocation
for Failure to Meet the Requirements of the Property Maintenance Codes
Resolutions 2009-103, 105, and 107 were removed for compliance.
Fire Chief Gary Gorman listed the items requiring rental license revocation.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2009-1.04, and I06, being ample copies available to the public. Upon vote:
All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2009-104, and 106, and
107 being Resolutions of the City Council of the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article N, Section SA.408(A) of the rental licenses listed.
Upon vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid. Considerations -none
C. Other Business
Select East Approach Type and Authorize the Acquisition Process for the Gateway Pedestrian
Brill e
Kevin Hanson, Public Works Director, gave the background on this project. He referred to the
chart of time frames. The most important deadline is for acquisition of the right-of--way. We
have completed appraisals and are ready to make the right-of--way offer. There is a November
13 deadline for project approval. The east approach needs to be selected. He referred to the
pros and cons in the staff report. The approaches will probably require bicyclists to walk the
approaches, but not the actual bridge. The spiral approach is more expensive than the
switchback. The most preferred approach by staff and city commissions is the spiral approach.
Fehst stated that bids coming in for stimulus projects have been 10 to 30 percent under
estimates. Hansen stated the importance to meet the required time frame. Projects that can not
be delivered will have funds transferred to other projects.
Nawrocki stated this request is premature, as we have not hired the architect yet and we are
being asked. to approve the design; and you are now going to pay for this with municipal state
aid. money that could be used to offset funds for city street repair. Fehst stated it was always
clear that state aid money would be used. Hansen indicated that a preliminary scoping was
approved and completed. The only approach that will work on the west side is a switchback.
On the east side there are three options. In the RFP we will receive bids for either a spiral or
10
City Council Minutes
Monday, July 27, 2009
Page6afil
switchback approach. We are looking at 15 percent of project costs coming from state aid
funding dollars, or about $400,000 in matching dollars. We are paying up front rather than
later on. Nawrocki indicated that taxpayers will have to come up with extra money to support
what state aid monies would normally pay for or reduce services, such as street snow plowing.
Fehst stated it will not affect this. Hansen stated that each year we apply for 25 percent of
maintenance costs and we will continue to receive this. The remaining amount is used for
construction. Nawrocki questioned the approach for the west side of the street. Hansen stated
there would be no permanent acquisition needed on the west side of the street.
Dwayne Morrell, 4212 Reservoir Boulevard, stated the problem with the design is in moving
the bridge farther south. He indicated it would be better to just replace the ramps and
suggested a spiral design. He suggested an increasing/decreasing radius helix spiral. He listed
the advantages of this alternative.
Hansen stated the total ramp height required is 17 feet, 6 inches. Hansen explained the grade
requirements indicating the switch back is about 300 feet and is ADA compliant. He indicated
that Anoka County is also requiring 27 feet for future expansion, which must be considered.
Donna Schmitt, 5269 Tyler Street, stated this is a well used bridge and asked if the $85,000 is
for one side approach. Hansen stated yes. Funding and ADA requirements will be part of the
final design. There can be a 10 to 1 ~ percent difference in cost. Schmitt asked if steps would
also be an option. Hansen stated that MNDot has suggested and encouraged this as a
component. Hansen stated this will be presented at the next Planning and Zoning meeting.
Motion by Kelzenberg, second by Williams, to select the spiral type approach for the east
approach ramp for the Gateway Pedestrian Bridge and authorize Evergreen Land Services to
initiate the offer process under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act and the current State-Aid Manual. Upon vote: Kelzenberg, aye;
Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - l nay. Motion carried.
2. Off-Street Parking for Employees--Sonic Restaurant
Fehst stated that we have observed cars parking on 49`" Avenue. Barb Snyder, Border Foods,
had advised they would look for off site employee parking, which was obtained at St. Tim's.
They have also arranged for car stacking at the Middle School. Sonic has done everything they
promised to do. Peterson stated that Snyder personally observed the situation today. Nawrocki
stated. that he has checked on three different days in the early morning and there were cars
parked on 49t" for an extended period of time. This also happened with no established
employee parking provision at Sarna's Restaurant. Peterson stated that if employees are
parking incorrectly, the director will address it.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst advised Council members that we will not need a work session on August 3`a. The award of
the pedestrian bridge proposal will be on the next council meeting and the Hilltop trailer property
sale was requested to be placed directly on the next Council meeting agenda. Replacement of the
AS400, our computer financial system, will also be on the next meeting agenda. It is past its useful
life and. has been amortized in the equipment replacement fiord. Garbage service proposals will be on
the August 26`" Council meeting agenda.
11
City Council Minutes
Monday, July 27, 2009
Page 7 of 11
Nawrocki referred to the City newsletter financial article and the budget report in the Sun Focus, and
questioned the difference in the reports. We have lost state aid money, but the taxes referred to do
not include the HRA Levy or the administrative funds charged by Anoka County. The newsletter
does not talk about the $3.5 million to build the gym, the $12 million for the public safety building,
and a whole host of equipment and other projects, like renovation in two of our parks. We are not
giving people the true story of taxpayer money being spent.
Nawrocki stated that he previously reported that the Elk River Waste plant would be discontinued.
We need to find out what the County will do if this happens. We need to specify in the bids to know
where the hauler will dump and what they will do if this facility closes.
Report of the City Attorney -nothing to report
CITIZENS FORUM
Isabelle Marcellan, 41 18 7`" Street NE, stated that on JLtly 2 her house was raided by the drug task
force. They did not find drugs, but found small amount in her son's pocket. She has received a 28 day
notice to vacate. Marcellan requested an extension to September 1 to allow her time to find another
place to live. Hoeft stated the ordinance controls the circumstances and the landlord initiates the
process. We do not have control over, or authority over, the eviction process. She stated her landlord
does not want her to move and the extension is OK with him. Fehst suggested she submit a letter to
the City and we can see if we can help. Captain Austin stated he would meet with her after the
meeting to see if we could be of assistance.
Marie Holmberg 5132 4`'' Street, asked if the stop sign request was addressed. Peterson stated that the
sign was approved Linder the consent agenda.
Donna Schmitt suggested that a portion of the Justice grant be Ltsed for DNR gun safety training.
Austin stated this included a shooting simulator software program that will get us back into the DNR
gun safety program. We plan to implement this training again within the next several years. Schmitt
questioned check 131181 from Elk River Ford. Austin stated that is for a vehicle approved in the
budget.
Dwayne Morrell asked what lot 1, block 1, next to the public safety building on 42°d, will be used for.
Fehst indicated the consideration of an eventual second phase, possibly for a library. Fehst
complimented Mr. Morrell on his yard.
COUNCIL CORNER
Kelzenberg
• Nothing to report
Williams
National Night out is next Tuesday
Introduced Captain Lenny Austin, sitting in tonight for Chief Nadeau.
Green Sheet -the summer initiative has been busy. Austin indicated the sarccess of the
p~~ogram. Williams thanked the department for the wonderful job they are going.
Diehm
• Encourage everyone to participate in National Night Out. Get to know your neighbors -
crime prevention starts in your own neighborhood
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City Council Minutes
Monday, July 27, 2009
Page 8 of I I
• Questioned the new Silverwood Park in St Anthony. Fehst stated they hope to have it open to
the pztblic by mid-August.
• HRA meeting tomorrow begins at 7:00 p.m. at Parkview Villa
Nawrocki
• Encouraged everyone to participate in National Night Out. Call the police department for
information in your area or to offer to hold an event
• Attended the LMC annual meeting with their report on the state of the cities. Offered to share
the 2009 Legislative Law summary
• Attended the League's first Fiscal Futures Committee meeting. Stated his opinion that levy
limits are a protection to taxpayers
Peterson
Don't forget National Night Out
Don't forget our service men and women, appreciate the service they do to keep our freedom
far us
• Don't take ourselves too seriously and do a random act of kindness.
ADJOURNZVIENT
Mayor Peterson adjourned the meeting at 8:43 pm.
Patricia Muscovitz CMC
City Clerk
RESOLUTION N0.2009-110
RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION OF THE PROPERTY
LOCATED AT 4147 - 7TH STREET NORTHEAST IN THE CITY OF COLUMBIA HEIGHTS
WHEREAS, the beneficiaries of the Ann M. Mellon Trust under agreement dated September 14, 2006, desires to donate a house
located in Columbia Heights at 4147 7ths Street, legal description of: The south 30 ft. of Lot 22, Block 45, Columbia Heights
Annex to Minneapolis, Anoka County, MN, and
WHEREAS, the confirmation of the desire to donate the subject property has been received by the City in a letter dated June 24,
2009; and,
WHEREAS, the value of the property has been established by the property's representatives in an appraisal completed by Value
Advisors LLC, dated December 31, 2008; and,
WHEREAS, the City is recognizing the donation through a formal resolution; and,
WHEREAS, the donation is being received by the City from the beneficiaries of said Ann M. Mellon Trust, specifically Elizabeth
A. Melton, William J Mellon Sr., William. J. Mellon Jr. and James Mellon; and,
WHEREAS, this donation acceptance is being done to promote the principles of the City's on-going scattered site housing
program.
NOW THEREFORE BE iT RESOLVED that the City accepts the subject based on the following:
1) All utilities are paid by the subject Trust until the date of closing
2) 'The City shall be responsible for any taxes due and payable in 2010 and beyond
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City Council Minutes
Monday, July 27, 2009
Page 9 of 11
3) Staff is authorized to prepare bids and documents for the purposes of demolition of the subject property
RESOLUTION 2009-104
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 Delanza Elliot (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1124-26 45`h Avenue N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on July 9, 2409 of an public hearing to be held
on July 27, 2009.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on June 9, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted
eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed
on the Rental Housing License Application.
2. That on July 9, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that eight
violations remained uncorrected.
3. That on July 27, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted
eight violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address
listed on the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit:
a. Shall repair all broken windows
b. Shall repair the holes in the siding on the house
c. Shall repair all windows off the track
d. Shall repair all screens
e. Shall repair the driveway were crumbling or deteriorated
f. Shall repair the soffit's on the house
g. Shall repair the downspouts
h. Shall remove the scrub growth all around the property
i. Failure to submit rental license renewal application and fees
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9212 is hereby
revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder.
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2009-106
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article
IV, Section SA.408(A) of that certain residential rental license held by Carlos Mogrovejo (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1325 Pierce Terrace 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 July 6, 2009 of an public hearing to be held
on July 27, 2009.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about June 25, 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
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City Council Minutes
Monday, July 27, 2009
Page 10 of I 1
at the address listed in the property records.
2. That on July 6, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed.
A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection and failure to submit
renewal rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number U1125 is hereby
revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2009-108
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 Investors Group of MN, LLC
(Hereinafter "Owner of Record"}.
Whereas, the owner of record is the legal owner of the real property located at 4001 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 July 8, 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 2, 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 July 8, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on July 20, 2009 inspectors reinspected the property and found that one violation 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: Fence around propane tank must have a minimum 3 feet clearance.
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 8206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4001 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 COUNCIL
1. The property located at 4001 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.
RESOLUTION 2009-109
Resolution of the City Council for the City of Columbia Heights declaring the properly a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jose Alonso (Hereinafter "Owner
of Record"}.
Whereas, the owner of record is the legal owner of the real property located at 1401-03 Parkview Lane N.E. Columbia Heights,
Minnesota.
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City Council Minutes
Monday, July 27, 2004
Page 11 of 11
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 29, 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 May 26, 2009 an inspection was conducted on the property listed above. Inspectors found twenty-two
violations. A compliance order was sent via regular mail to the owner at the address.
2. That on June 29, 2009 inspectors re-inspected the property listed above. Inspectors noted that twenty-two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on July 16, 2009 inspectors reinspected the property and found that twenty-one violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit:
A. Shall remove the dirt pile in the back yard
B. Shall repair all broken windows on the house
C. Shall repair all broken windows on the house
D. Shall replace the broken window on the kitchen on the 1403 side
E. Shall replace or repair the smoke detector that is not working on the 1.403 Side
F. No one can occupy this building per City Code.
G. Shall repair the doors in the closet in the bedroom
H. Shall replace the dryer vent on the clothes dryer in the 1403 side with proper rigid metal duct.
I. Shall remove the hose that is tapped into the clothes dryer vent on the 1401 side
J. Shall have the venting for the hot water heater on the 1401 side installed by a license plumber
It. Shall repair the floor the in the kitchen on the 1401 side
L. Hallway smoke detector in the 1401 side
M. Shall repair the hole in the closet door in the rear bedroom of 1401
N. Shall replace the missing door closer on the side door of 1403
O. Shall repair all torn screens prior to May 1, 2009
P. Shall replace the missing dryer vent cover on the outside of the house
Q. Shall repair the gutter on the 1401. side missing the end cap
R. Shall remove all areas of scrub growth
S. Shall replace all broken. windows on the house
T. Shall repair the storm door on the front so that it closes
U. Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1401-03 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 1401-03 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.
16
HOUSING & REDEVELOPMENT AUTHORITY
SPECL~I., MEETING D~IINUTES OF MARCH 30, 2009
Call to Order -The meeting was called to order by Chair Diehm at 6:30 p.m.
Roll Call- Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., Bruce Kelzenberg, and
Bobby Williams (arrived at 6:35 pm)
Staff present: Deputy Executive Director-Scott Clark; Secretary-Shelley Hanson
Parkview/CommonBond Staff: Laura Sheak, Lisa Wilcox-Erhardt, and Jennifer Eels
Pledge of Allegiance
Nawrocki voiced. his displeasure that this special meeting was called without first polling the
members to see if they were available. Vice Chair Bobby Williams said he called the Special
Meeting because the item being considered tonight needed to be addressed in a timely manner
and this was the only evening a meeting could be held before the deadline.
Clark also explained that the Board has to approve the proposed Resolution and submit a
statement detailing how the grant would be used by April 10`" in order to receive the funds being
offered to us through the ARRA Grant. He further stated, that other meeting agendas were
already full. and this was the only night to hold this meeting.
CONSENT AGENDA
Approve the Minutes of January 27, 2009 Regular Meeting and Financial Report for the
months of January and February, 2009, on Resolution 2009-04.
Nawrocki questioned what the Unicorp payment was for. Sheak responded that they did the St"
floor modernization project.
Motion by Nawrocki, seconded by Ecklund, to approve the consent agenda Items as listed. All
ayes. Motion Carried.
BUSINESS ITEMS
Report of Management Company
Laura Sheak, Manager, asked if there were any questions on the monthly reports that were
included in the agenda packets. Nawrocki asked her about the fire in the south building and why
it wasn't included in the report. She responded that she doesn't include that information in those
reports, but she updates the Board on those situations verbally as part of her Manager's Report.
Sheak told the Board that the new computers are in, the cameras have been installed and are
operating, and. the 5`" floor remodeling is complete. She then informed the Board that the fire in
the south building was caused by careless smoking. There was about $8,000 worth of damage to
the trait, which has been renovated and will be ready to rent April 1st. The tenant in that unit
was evicted,
17
Housing & Redevelopment Authority Minutes
March 30, 2009
Page 2 of 4
Nawrocki questioned the rules regarding smoking in the building. He would like to see the
Residential Council discuss this issue and make a recommendation to the Board at the next
meeting. Parkview's Manager stated that some research has been done on this and that currently
the leases do not address smoking in the individual units at all. Smoking is prohibited in the
common areas of the building already, but not in the individual units. If the policy were to
change to a "smoke free" status for the north building, it would. need to be submitted and
approved by HUD. She said the Resident Council and HRA Board could decide to make the
south building "smoke free", as that would not have to go to HUD for approval. She also
advised the Board that if any restrictions are set, the consequences for each violation would need
to be firmly established, so that they would have control.
Nawrocki stated he knows other sites have phased in various options to achieve a "smoke free"
building. He said. he isn't making any recommendations on this issue, but would like to have
feedback from the Resident's Council.
Resident Council Minutes
Copies of the minutes were included in the agenda packets. Ecklund reviewed some of the
topics covered.
Citizen Forum
No one wished to speak at this meeting.
Approval of 2009 ARRA Grant for Capital Activities
Lisa explained that HUD notified them that the HRA of Columbia Heights has been awarded a
grant of $131,959 from the American Recovery and Reinvestment Act (ARRA) of 2009. This is
part of the stimulus package established for public housing projects, and can only be used for
capital. improvements. The timeline for obligating and expending the funds has been accelerated
in comparison to other grants. She explained the need to accept the money and submit a plan by
April ] 0`" so that work can begin as soon as possible. They expect all the work covered by this
grant to be completed within one year.
The projects may be pulled. forward from the PHA's annual plan or new projects may be created
with a requiredl0 day notice. Management is recommending the funds be allocated to exterior
rehabilitation (caulking and painting), replacement of the hot water heater, replacement of the
controls on the boiler, sidewalk repairs and seal coating the parking lot. There was a discussion
regarding the need to have the parking lot seal coated again since it was just done in 2006. Lisa
explained that they suggested this as a potential item because the other work will require heavy
equipment on site to do the various projects and that may make parking lot re-surfacing
necessary again.
In order to receive the funds, the HRA Board must adopt a resolution accepting ARRA funding
for carrying out capital activities at the public housing project, and to submit a statement
defining the proposed. projects. Staff recommends the HRA Board adopt Resolution 2009-03.
Nawrocki asked if we applied for this grant. Lisa stated that no, this was part of Obama's
18
Housing & Redevelopment Authority Minutes
March 30, 2004
Page 3 of 4
Stimulus Package that was earmarked for Public Housing Buildings. The money was awarded
based on past grants, and projected plans included on the various reports we are required to
submit, He then wanted to know what process would be followed now to obtain contractors to
do the work. Lisa informed him that an architect or consultant would be hired as soon as
possible, per policy, for the purpose of writing the specifications, obtaining competitive bids, and
overseeing the projects. She said that CommonBond has a bid fist they work from and that they
could also post Requests for Proposals on the League of MN Cities Website. Nawrocki wanted
to make sure that competitive bids are received to ensure we get as much done as possible with
the grant money.
Diehm suggested the Board be updated with a written memo by the end of April stating the
progress made on obtaining bids and scheduling of the projects. Based on the report, there may
be a need to schedule additional meetings to approve bids/contracts for this work.
Lisa pointed out that the funds only cover work on the north building, except for the sidewalk
and parking lot improvements that are common areas for both buildings. Clark felt we should
utilize the architect/consultant to review and recommend capital improvements that should be
done on the south building at the same time. He stated that there is no formal capital
improvement plan in place for the south building at this time and one should be established,
using the information obtained in this review.
Motion by Williams, seconded by Kelzenberg, to adopt Resolution 2009-03, a Resolution of the
Columbia Heights Housing and Redevelopment Authority (HRA) confirming acceptance of the
2009 ARRA funding and authorizes the proposed uses of such funds. All ayes. MOTION
PASSED.
RESOLUTION NO 2009-03
2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
ASSISTANCE
WHEREAS, the City of Columbia Heights Housing and Redevelopment Authority and HUD have entered into a
Capital Fund ACC Amendment for the American Recovery and Reinvestment Act (ARRA) Formula Grant for 2009
for the purpose of carrying out capital activities at their public housing developments.
NOW THEREFORE, BE IT RESOLVED, The City of Columbia Heights Housing and Redevelopment Authority
authorizes the Executive Director, to accept 2009 ARRA funding and authorizes the proposed uses of such funds.
Passed this _30th_ day of March, 2009
Offered by: Williams
Seconded by: Kelzenberg
Roll CaIL All ayes
City of Columbia Heights Housing and Redevelopment Authority
Tammera Diehm, Chair
Scott Clark, Deputy Executive Director
19
C-Iousing & Redeveioprnent Authority Minutes
March 30, 2009
Page 4 of 4
Cancel Meeting of Apri128, 2009
Motion by Kelzenberg, seconded by Ecklund, to cancel the regular meeting scheduled for April
28, 2009. All ayes. MOTION PASSED. The next meeting is scheduled for July 28, 2009.
Adjournment
The meeting was adjourned at 7:00 p.m.
Respectfully submitted,
Shelley Hanson
Recording Secretary
G:\HRA\Minutes 2009\
Zo
PLANNING AND ZONING COMMISSION
1VIINUTES OF THE REGULAR MEETING
AUGUST 5, 2009
7:00 PM
The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek.
Commission Members present- Fiorendino, Schmitt, Peterson, and Szurek.
Commission Members absent-Thompson
Also present were Gary Peterson (Council Liaison), Jeff Sargent (City Planner), Kevin Hansen (Public
Works Director), and Shelley Hanson (Secretary).
Motion by Fiorendino, seconded by Schmitt; to approve the minutes from the meeting of Jz~ly 7, 2009. All
ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NiTMBER: 2009-0801
APPLICANT: Jeff, Bobby & Steve's Autoworld
LOCATION: 3701 Central Ave
REQUEST: Conditional Use Permit for LED Sign
INTRODUCTION
Sargent explained that on August 25, 2008, the City Council adopted Ordinance 1553, allowing the use of
dynamic LED signs throughout the City. The intent of this ordinance was to permit dynamic LED signs
only as an integral part of a monument sign, with the exception of motor fuel stations, which may utilize
such signage on existing pylon signs in order to display fuel prices only. It was discovered that the
language specifying that motor fuel stations may only utilize dynamic LED signs as a part of existing pylon
signs to display only fuel prices was inadvertently omitted from the ordinance. For this reason, the City
Council issued a moratorium for dynamic LED display signage at the July 13, 2009 City Council Meeting.
The reason for the moratorium was to give staff time to study and possibly amend the ordinance so that the
original intent of Ordinance 1553 could be met.
Prior to the issuance of the moratorium, Jeff's Bobby and Steve's Autoworld submitted an application for a
Conditional Use Permit in order to utilize a dynamic LED display sign as a part of their existing pylon sign.
Although the original intent of Ordinance 1553 was to allow dynamic LED displays on pylon signs for
motor fuel stations to indicate fuel prices only, the current language of the ordinance does not specify this
restriction. Because the applicant filed the application prior to the issuance of the moratorium, the City
Attorney's legal opinion was that this application would be allowed for processing, and the request would
be subject to the current language of the ordinance.
Staff recognizes the necessity to amend the Zoning Code pertaining to dynamic LED display signs to better
reflect the spirit and intent of the original ordinance. Sargent said the current language pertaining to
dynamic LED displays gives an unfair advantage to motor fuel. stations that currently have pylon signs. For
example, the ordinance would not allow for anon-motor fuel station business to display an LED sign on
their existing pylon sign.
21
PLANNING 8z ZONING COMMISSION MINUTES
PAGE 2
AUGUST 5, 2009
l-Iowever, with this said, staff also recognizes that the applicant submitted his application in good faith and
with the understanding that a dynamic LED display would be allowed on a pylon sign for his business. For
this reason, staff will process the application and. apply the Findings of Fact and other requirements based
on the current ordinance.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this property for commercial use. The use of signs helps promote the
economic vitality of the city, which is a specific goal of the comprehensive plan. For this reason, the
proposed use of a sign is consistent with the Comprehensive Plan.
ZONING ORDINANCE
The property is zoned GB, General Business, as are the properties to the north and west. The properties to
the east are zoned for one and two family residential use. The property to the south lies in the City of
Minneapolis,
Pylon signs are considered to be legally non-conforming uses along Central Avenue. The Design
Guidelines, which were adopted in 2005, restricted all new freestanding signs to monument signs only. For
this reason, all existing pylon signs were "grandfathered in", and are allowed to continue their existence
unless removed for a period of one year. Altering pylon signs is permitted, as long as the overall square
footage of the sign does not increase. The applicant is proposing to replace 33.5 square feet of existing
signage with a 33.5-square-foot dynamic LED display sign. The overall square footage of the sign will not
increase. Dynamic LED display signage may also occupy no greater than 50% of the overall square
footage of the sign. The current pylon sign is 75.8 square feet. The total amount of LED signage will be
less than 50% of the overall square footage of the sign.
FINDINGS OF FACT
Section 9.1.04 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City
Council to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District.
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development that includes goals,for
commercial and economic development. These goals include: strengthening the image of the
community as a desirable place to live and work, providing opportunities and mechanisms for
successful redevelopment of targeted areas, preserving and enhancing the existing commercial
areas within the community, advocating high quality development and redevelopment within the
comntzmity, and enhancing the economic viability of the community. The applicant's proposal for a
digital LED sign is consistent with these goals, as the sign will be used to promote the economic
vitality of the city.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The applicant will have to abide by specific development standards as they relate to LED signs.
These standards were adopted to help ensure a lirnitirrg disturbing infhrence on neighboring
properties. Given the location of~the proposed sign and its orientation to Central Avenue, staff feels
that the use will not impose hazards on the neighboring properties.
22
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
AUGUST 5, 2009
(d} The use will not substantially diminish the use of property in the immediate vicinity.
The use of property in the immediate vicinity will not be diminished by the placement of a digital
LED sign at 3701 Central Avenue.
(e) The use will be designed, constructed, operated and maintained in a manner that is compatible
with the appearance of the existing or intended character of the surrounding area.
The applicant will be regzrired to abide by specific development standards as they relate to LED
signs. These standards will help ensure compatibility with the appearance of the existing
surrounding area.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The use of a digital LED sign at this location will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
By subjecting the use of a digital LED sign to specific development standards, it is intended that the
use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which it is located.
This is correct.
Staff recommends approval of the proposed CUP for a digital LED sign for Jeffs Bobby and Steve's
Autoworld, located at 3701 Central Avenue.
uestions from members:
Szurek asked if they would be held to the same standards as the Liquor Stores. Sargent stated they would
and that their messages can't change more often than every 10 minutes. She asked if the owner is aware of
that, and Sargent said they were.
Schmitt asked why this sign is being "grandfathered in" when the NE Business Center sign wasn't. Sargent
explained that they may reface the existing sign as long as they don't expand it. He went on to explain that
when the Sign Ordinance was adopted last year, NE Business Center (and two other businesses) were given
a one month alert to bring their signs into compliance in regards to the messaging display. The pylon signs
themselves were "grandfathered in", but the message portion would need to meet the new criteria set in the
Ordinance. The new owners of that business center decided not to use the existing sign.
Schmitt asked how long the moratorium would be in place? Sargent said the amendment clarifying the
ordinance language should be on the September agenda. Schmitt noted that she would like to see the time
period on the messages change from 10 minutes to 3 minutes. It would allow customers traveling down the
road to see more messages regarding the businesses.
23
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
AUGUST 5, 2009
Fiorendino disagreed with here He felt 10-minute intervals were good. Three minutes intervals would
cause traffic problems by distracting drivers.
Peterson asked how many lines of printed. message there would be. Sargent said that would vary depending
on the message being displayed, but felt that 3 lines would most often be used. Peterson felt it would be a
safety hazard if too many lines were displayed to distract driver's attention away from the road. He also
agreed that three-minute interval changes would be acceptable.
Peterson asked how many pylon signs could be affected if the language is left as is. Sargent said it could
affect the four gas stations that have existing pylon signs-Holiday, Superamerica, Jeff, Bobby & Steve's,
and the Speedy Mart on 40t" and University. He said we would be creating non-conforming uses and if the
business use changed, it would create a violation of the Ordinance. Sargent pointed out that it creates an
unfair advantage to these businesses over others that can't do this, and the intent of the original ordinance is
not being met. He explained that in the Ordinance passed we made an exception to allow Pylon Signs for
gas stations to display gas prices only. We failed to stipulate "price only" so this created a loop hole.
Peterson asked if the intent was to exclude this possibility? Sargent stated it was, and that is why the
moratorium was put in place so the correction could be made to the language. Peterson then stated he
thought the owner should voluntarily abide by the intent of the ordinance, knowing an exception was
already made especially for them to display gas prices, especially since the clarification is being made, so
that he doesn't have any special rights over other businesses in town.
Public Hearing Opened:
No one wished to speak on this matter.
Public Hearing Closed.
Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the Conditional Use Permit for a for a digital LED sign for Jeff's Bobby and Steve's Autoworld,
located at 3701 Central Avenue, subject to certain conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. The awnamic LED signs may occupy rro more than fifty percent (50%) of the actual copy and
graphic area. The remainder of the sign must not have the capability to have dynamic LED signs,
even if not used. Only one, contiguous dynamic display area is allowed on a sign,face.
2. The dynamic LED sign may not change or move more often than once every ten (10) minutes,
except one for which changes are necessary to correct hour-and-minute, date, or temperature
information.
3, A display of tune, date or temperature information may change as fregzterrtly as once every ten (10)
seconds, however information displayed not relating to the date, time or temperature must not
change or move more often than once every ten (10) minutes.
=t. The images and messages displayed must be static, and the transition_from one state display to
another must be instantaneous without any special effects. Motion, animation and video images are
prohibited on dynamic LED sign displays.
24
PLANNING 8z ZONING COMMISSION MINUTES
PAGE S
AUGUST' S, 2009
S. The images and messages displayed must be complete in themselves, without continuation in
content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a
malfimction shall occur. The displays must also be equipped with a means to immediately
discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic
display when notified by the city that it is not complying with the standards of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5, 000 nits (candelas per square
meter) during daylight hours and a maximum illumination of 800 nits (candelas per square meter)
between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED
signs must have an automatic dimmer control to produce a distinct illumination change.from a
higher illumination level to a lower level for the time period between one-half hour before sunset
and one half-hour after sunrise.
Roll Call: Szurek and Fiorendino-aye Schmitt and Peterson-nay
MOTION FAILED.
This mater will go to the City Council without a recommendation from the Planning & Zoning Commission
on August 10, 2009.
CASE NUMBER: 2009-0802
APPLICANT: Mr. BBQ
LOCATION: 4621 Central Avenue
REQUEST: 5-foot setback variance and a S-foot height variance
INTRODUCTION
Sargent explained that on December 2, 2008, Mr. BBQ was granted a site plan approval to install a new
monument sign for the business located at 4621. Central Avenue. At that time, the applicants stated that
they would place the monument sign 6 feet from the front property line and the sign would also meet ail
other sign code regulations. As the applicants went through the construction process for the sign, they
realized that the property line was not where they previously anticipated it would be. After completing a
survey of the property, it was revealed that the property line was located. approximately 1 foot from the
hard surface parking area for the restaurant, leaving no room to place a monument sign.
Sargent stated the applicant is now requesting two variances. The first is a S-foot front yard setback
variance for a monument sign per Code Section 9.106 (P)(12)(a) 3, to enable the applicants to place to
monument sign as close to Central Avenue as possible. Placing the sign on the front property line would
also alleviate the applicants from locating the sign in the middle of the parking lot.
The second variance request is a 5-foot height variance per Code Section 9.106 (P)(12)(a) 3, to enable the
monument sign to be 13 feet in height. The applicants stated that the proposed location. of the monument
sign -abutting the front property line -would be directly adjacent to required on-site parking. If a car were
to park next to an 8-foot high sign, the sign would be blocked from view.
25
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
AUGUST 5, 2009
ZONING ORDINANCE
The property at 4621 Central Avenue is located in the General Business District (GB), as are the properties
to the north and south. The properties to the east are zoned R-3, Multiple Family Residential and the
properties to the west are in the City of Hilltop. The subject parcel is also located within the Design
Overlay Highway District, and is subject the regulations for such properties.
The City Code at Section 9.106 (P)(12) states that monument signs in the GB District shall be limited to 40
square feet per side, eight (8) feet in height, and shall be set back a minimum of five (5) feet from all
property lines. The applicant's sign plan indicates that the monument sign. will be 40 square feet in area,
thirteen (13) feet in height and placed directly on the front property line. For this reason, a 5-foot height
variance and 5-foot front yard setback variance are required.
PARKING The property currently has 21 parking stalls for customer parking. The number of parking stalls
for the restaurant will remain unchanged, as the proposed monument sign will be located next to the
parking area along the front property line.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for commercial development that includes goals for
commercial and economic development. These goals include: strengthening the image of the community
as a desirable place to live and work, providing opportunities and mechanisms for successful
redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the
community, advocating high quality development and redevelopment within the community, and enhancing
the economic viability of the community. The applicant's proposal for a monument sign is consistent with
these goals, as the sign will be used to promote the economic vitality of the city.
FINDINGS OF FACT (Variances)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the
City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the provisions of this
article would cause undue hardship.
Setback Variance: The property previously utili.ed pylon sign wherZ Cousin's Subs occupied the
space. Since then, the pylon sign was destroyed brrt never replaced. Being that the Design
Guidelines only permit monument signs, a naonurnent sign would be the only type of freestanding
sign that the business could incorporate. Presently, the front property line is located approximately
1 foot from the parking lot, leaving very little room to place a monument sign. If a monument sign
were located in a position consistent with the Sign Code, the sign would have to be placed in the
drive aisle for the parking lot, rending the parking lot useless. In this ease, the hardship is the
current location acrd proximity of the parking lot in relation to the front property line.
26
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
AUGUST' S, 2009
Height Variance: The applicant stated that even f the sign were placed directly on the front
property line, it would be obstructed from view if a car were parked next to it in the parking lot.
The requested height variance would enable for this potential problem to be corrected Staff feels
that this rationale is not a suitable hardship for such an extreme variance request. If the setback
variance were granted, the sign would be placed as close to the front property line as possible and
should alleviate any type of visibility issues.
b) The conditions upon which the variance is based. are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
This parcel does not have any private green space where a monument sign might be located
because the improvements were constructed at a time where placing a monument sign on the
property was not a concern. Although every property along Central Avenue in the General
Business District is unique in its layout, it would not be unreasonable to assume that there is more
than one parcel that does not have ample room in the front of the property to place a monument
sign.
c) The difficulty or hardship is caused by the provisions of this article and has not been created by
any person currently having a legal interest in the property.
The applicant bought the property after the previous pylon sign had been removed and the
placement of the driveway and parking areas were already established. The hardships stated by the
applicant are caused by the preexisting configuration of the building and parking areas on the land.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan designates this area for commercial development that includes goals for
commercial and economic development. These goals include: strengthening the image of the
community as a desirable place to live and work, providing opportunities and mechanisms for
successful redevelopment of targeted areas, preserving and enhancing the existing commercial
areas within the community, advocating high quality development and redevelopment within the
community, and enhancing the economic viability of the community. The applicant's proposal for a
monument sign is consistent with these goals, as the sign will be used to promote the economic
vitality of the city.
e) The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or improvements in
the vicinity.
Setback Variance: Granting the setback variance would not be materially detrimental to the
public in that it would help place the monument sign away from orr-site vehicrdar traffic and would
also enable patrons a better opportunity to view the sign.
27
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
AUGUST S, 2009
Height Variance: A S foot height variance is too extreme and would cause a disproportional
view of the property, which would not be to scale with the existing building. A 13 foot sign is
egzaivalent to the height of a one-story building and would look out of place on a small sized
commercial property.
RECOMMENDATION
Staff recommends approval of the S-foot front yard setback variance in that there exists a suitable hardship
to justify the request.
However, staff recommends denial of the S-foot height variance because of a lack of hardship and the
potential negative impacts that a 13-foot-tall monument sign might present.
Questions from members:
Peterson noted that several other businesses along Central Avenue have met the setback requirements. He
asked how many businesses such as this one would have trouble doing so. Sargent stated he had not taken
a survey of all the businesses, so he did not have a number. He pointed out that the Right of Way along
Central Avenue varies and existing parking lots that were placed there years ago cause hardship for some
businesses, such as this one, to meet the setback requirements for monument signs. If the sign were
installed. according to the requirements, it would literally be in the middle of their parking lot.
Peterson asked if the parking or green area would be affected if the sign is placed where they request.
Sargent said parking would not be affected and there is little green space on this property. The boulevard
area depicted on the picture is actually the Highway Right of Way. He stated the commission could require
some landscaping or curbing around the sign as a condition of approval.
Szurek asked what the height allowance is for monument signs? Sargent explained that it is 8 feet for one
story buildings and up to 10 feet for buildings that are 22 feet or higher.
Schmitt stated she agrees with staff that since this sign is so close to the street, the extra height being
requested would be too much. She doesn't think the pylon sign to the north of this site will cause a
problem for this sign. She also agrees that the monument sign should have some protection around it, as it
is so close to the driveway.
Fiorendino asked whether the sign will go through any other approval process. Sargent stated that it
already was approved as part of the site plan and that a building permit will be necessary to install it. He
stated that one of the conditions noted is that the base will need to match the exterior of the building.
The consensus of the members present was they agree with staff to grant the setback variance and to deny
the variance for additional 1leight.
28
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
AUGUST 5, 2009
Public Hearing Opened.
No one wished to speak.
Public Hearing Closed.
Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council
approve the 5-foot front yard setback variance for a monument sign per Code Section 9.106 (P)(12)(a) 3 of
the City Code, subject to certain conditions of approval that have been found to be necessary to protect the
public interest and ensure compliance with the provisions of the Zoning and Development Ordinance,
including:
1. All application materials, maps, drawings, and descriptive information submitted with the
application. shall become part of the permit.
2. The base of the monument sign will be constructed of a masonry or brick base to match the
principal structure.
3. The applicants will obtain a building permit for the sign prior to construction of the monument sign.
4. There will be curbing and landscaping around the base of the sign to ensure public safety.
All ayes. MOTION PASSED. The following Resolution will go to the City Council for consideration
August 10, 2009.
RESOLUTION N0.2009-XX
RESOLUTION APPROVING A VARIIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR MR. BBQ
WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a
variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4621 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot front yard setback variance for a
monument sign per Code Section 9.106 (P)(12)(a) 3.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5,
2009;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to
public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City
Council accepts and adopts the following findings of the Planning Commission:
29
PLANNING & ZONING COMMISSION MINUTES
PAGE 10
AUGUST' S, 2009
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, where strict adherence to the provisions of this
Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved and
are generally not applicable to other properties within the same zoning classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any
person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive
Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or materially
injurious to the enjoyment, use, development or value of property or improvements in the vicinity.
FURTHER, BE TT RESOLVED, that the attached. plans, maps, and other information shall become part of this
variance and approval; and in granting this variance the city and the applicant agree that this variance shall become
null and void if the project has not been completed within one (1) calendar year after the approval date, subject to
petition for renewal of the permit.
CONDITIONS ATTACHED:
All application materials, maps, drawings, and descriptive information submitted with the application shall
become part of the permit.
The base of the monument sign will be constructed of a masonry or brick base to match the principal
structure.
3. The applicants will obtain a building permit for the sign prior to construction of the monument sign.
Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council
deny the 5-foot height variance for a monument sign for Mr. BBQ, located at 4621 Central Avenue because
of the lack of a justifiable hardship and because granting the variance would cause potential negative
impacts to the public and surrounding properties.
All ayes. MOTION PASSED. The following Resolution will go to the City Council for consideration
August 10, 2009.
RESOLUTION N0.2009-XX
RESOLUTION OF DENIAL
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR MR. BBQ
WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council requesting a
variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4621 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: a 5-foot height variance for a monument sign per
Code Section 9.106 (P)(12)(a) 3.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 5,
2009;
30
PLANNING ~ ZONING COMMISSION MINUTES
PAGE 11
AUGUST 5, 2009
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to
public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City
Council does accept and shall adopt the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions
of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would
cause undue hardship.
There is a lack of hardship needed to support the variance.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are
generally not applicable to other properties within the same zoning classification.
Although every property along Central Avenue in the General Business District is unique in its
layout, there are very few properties in which the only location of a monument sign would be
directly abutting and adjacent to parking stalls.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any
person currently having legal interest in the property.
There is a lack of hardship needed to support the variance.
4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan.
The intent of the Comprehensive Plan is to promote the economic vitality of the City. Granting the
variance request would assist in achieving this goal.
5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to
the enjoyment, use, development or value of property or improvements in the vicinity.
A 5-foot height variance is too extreme and would cause a disproportional view of the property,
causing material detriment to the public welfare.
FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following:
1. There is a lack of viable hardship to justify the requested variance.
2. Granting the variance would permit a structure that would be disproportionate to the remainder of the
property and would be materially detrimental to the public welfare.
NEW BUSINESS
None at this time.
31
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
AUGUST S, 2009
OTHER BUSINESS
Review Concept Plan for 49`'-' Avenue Pedestrian Bride:
Kevin Hansen explained that staff has been working on replacement of the pedestrian bridge at 49t~' and
Central as part of the Federal Stimulus Program. He reviewed the items that are currently being worked on,
such as, environmental issues, obtaining Right of Way easements or rights, the design of the bridge, and
securing the funds. The City needs to deliver the complete plan by November 13, 2009, or it will lose $2.5
million in Stimulus Funds. Hansen explained the new bridge will have a spiral access on the east side and a
switchback access on the west side. He also stated the bridge would be relocated about 30-50 feet further
south from the intersection to increase visibility of the intersection and of the stoplights. Hansen said they
will incorporate the Design Guidelines into the design of the bridge.
He is currently gaining input from the public on which design is preferred from four potential plans he has
for viewing. Two of the potential designs use a truss style design and two use a beam supported flat deck
style. He is looking for any comments the members have on this project as he has to move quickly in order
to get the project ready to go by the November deadline. He said. the biggest hurdle is obtaining all the
right of ways.
Peterson was disappointed that the west side will still have a switchback access. He wondered how
balanced it will look with a spiral access on the east side. He is concerned that the underside of the
switchback will look "closed in". Hansen explained. the new accesses will be larger than the previous ones
as they will have to meet all ADA requirements which is a condition of obtaining the funding. He said this
could impact the visibility of the Saver's site, however, he felt the visibility of the businesses on the Hilltop
side will be better due to relocating the bridge a little more to the south.
Most members liked the truss style design. Hansen said that design is the most popular from those he has
heard from. Schmitt however, liked the beam-supported style, but also recognized it would be nice to
eliminate the need for a center support for visibility reasons.
Hansen said staff is also looking at aesthetic treatments such as lighting and city identification as the
gateway to our community. As stated earlier, the plan must be complete by November, bidding would
take place between December and February, and construction would take place in the summer of 2010.
Comprehensive Plan
Sargent reported that staff received word from. the Met Council that the Comprehensive Plan Update is
considered complete and is in the process of review. The City should hear something by November on
whether any additional information. will be needed.
The meeting was adjourned at 8:I S pm.
Respectfully submitted,
Shelley Hanson
Secretary
32
CITY COUNCIL LETTER
MEETING OF: AUGUST 10, 2009
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: RESOLUTION 2009-116 TO BY: JOE KLOIBER BY: ,,
PURCHASE AN AS400 COMPUTER AND
INSTALLATION FROM AFFILIATED DATE: AUGUST 5, 2009 ~
COMPUTER SERVICES INC (ACS)
Replacement Need
The need to replace the IBM AS400 computer used for the City's main accounting system has been previously
described in green sheet items (April 30 and July 23, 2009) and in the 2009 budget presentation provided at the
December 2008 Truth in Taxation Hearing.
In recap of those comments, the current hardware is ten years old, which is approximately five years past its
original projected useful life. For the last three years we have squeaked by with running the system resources
overburdened beyond most of the major operating parameters set by IBM. The current hardware is not capable
of running any version of the IBM operating system software higher than 5.1. All forthcoming periodic updates
to the ACS brand accounting software used by the City will only be compatible with operating system versions
5.2 or higher. So for example, without this replacement in the next few months, we will be unable to submit to
the IRS the required electronic file containing employees' 2009 forms W-2, as that file can only be produced by
a forthcoming update to the accounting software.
Budgeting/Funding
As stated in the 2009 budget presentation, the funding of this item has been provided through the City's capital
equipment replacement plan. Under this plan, designated amounts are accumulated in Fund 431 Capital
Equipment Replacement -General Government, over the life of the item, so that funding is available at the time
replacement is required.
At the time the 2009 budget was adapted, sufficient information was not available to include an appropriation
from Fund 431 in the 2009 budget resolution for this particular item.
Purchase Alternatives
Staff has identified three possible alternatives for this replacement:
1) Upgrade current AS400 with certain new components - $20,000.
2) Replace current AS400 with a completely new AS400 - $30,000.
3) Replace current AS400 with a completely new PC-based system, including new accounting software -
$300,000 plus $5,000 to $10,000 increase in annual maintenance
After much consideration, staff concludes that alternative 2 is the only practical approach at this time.
The primary problem with alternative 1 is that it will only result in being able to run operating system version
5.2. Therefore, in approximately 18 months, the City will be ui the same situation of needing to replace the
hardware to get to the next operating system version beyond 5.2. Additionally, during the 18 months it will
work, system performance will generally be substandard.
With alternative 2 the new hardware can run the most recent operating system version (6.1) right from the onset,
and it is capable of upgrades to future versions beyond 6.1. This would provide a useful life of roughly three to
seven years comparable to most systems.
33
Page Two
Alternative 3 has the advantage ofproviding a more modern and flexible end-user accounting software. It may
also centralize and reduce some administrative time, as the City's other information systems are also PC-based.
However, alternative 3 has the obvious disadvantage of dramatically increased costs at a time of severe
financial constraints. Even more problematic is that such a total financial system conversion is an immense
undertaking that can only be accomplished by a full staff working overtime, and it must be scheduled for a year
with few, if any, other major projects. Whereas budget constraints have reduced department staffing for 2009
and. several major projects outside the department's control were/are required in 2009.
For these reasons, alternative 2 (replace current AS400 with a completely new AS400) was selected and
detailed price quotes were obtained from vendors accordingly. Staff does recommend however that when the
life cycle of alternative 2 has expired, alternative 3 (a PC-based system) should again be reviewed and
considered.
Pricin
IBM itself does not offer installation services for the AS400. The City's AS400 is only used to run the ACS
brand accounting software, which is a proprietary product. This leaves ACS as really the only qualified vendor
for the installation of the AS400.
The IBM hardware and software can be purchased directly from IBM under the state contract. However, it can
also be purchased through ACS at about 4% less than the state contract price. If the hardware and software are
purchased through ACS, they also significantly discount their price for installation. In addition, obtaining the
entire package through ACS will save staff time that would be required to fix certain defects in the technical
specifications provided with the quote received directly from IBM.
IBM Hardware & Software
3 year maintenance agreement
Console, tapes and ancillary items
Installation services
Total Quoted by Vendors
ACS IBM
16,947.71 17,686.70
5,635.47 5,299.50
1,070.43 1,070.43
6,140.00 9,425.00
29,793.61 33,481.63
Allowance for changes
Requested Appropriation
1,206.39 N/A
31,000.00 N/A
Staff recommends that the City Council adopt the following motions:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2009-116 there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2009-1 l6 being a resolution to purchase an AS400
computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount not to exceed $31,000,
with a related budget appropriation from Fund 431 Capital Equipment Replacement -General Government.
/JK 0908051COUNCIL.
couNC1L AcTtoN:
34
RESOLUTION N0.2009-116
BEING A RESOLUTION TO PURCHASE AN AS400 COMPUTER AND
INSTALLATION FROM AFFILIATED COMPUTER SERVICES, INC
WHEREAS, the City of Columbia Heights has determined the need to replace certain existing
obsolete IBM computer equipment; and
WHEREAS the vendor Affiliated Computer Services, Inc (ACS) is the only vendor uniquely
qualified to install and configure such. IBM equipment specifically to operate ACS software; and
WHEREAS, the City has obtained a quote for replacement equipment from ACS, at a price
below the established State of Minnesota Purchasing Contract price available directly from IBM;
and
WHEREAS, the City has accumulated and designated funds for this replacement over a number
of years in Fund 431 Capital Equipment Replacement -General Government; therefore
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the
City of Columbia Heights authorizes the City Manager to enter into a purchase agreement for an
AS400 computer and installation from Affiliated Computer Services, Inc. (ACS) at an amount
not to exceed $31,000, with a related budget appropriation from Fund 431 Capital Equipment
Replacement -General Government.
Passed this 10th day of August, 2009
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
35
CITY COUNCIL LETTER
Meeting of August l0, 2009
AGENDA SECTION: Consent ORIGINATING DEPARTMEN"I' CITY MANAGER
NO. POLICE ~ APPROVAL: ,-°°'''r
ITEM: Transfer of Funds from General Fund to Police BY: Scott Nadea - BY: ~
NO. Dept Budget to Reimburse Overtime Fund
DATE: August 3, 2009 v
DATE:
re: Off-Duty Employment Assignments
BACKGROUND
The Police Department has received payment far off-duty employment details at Columbia Heights High
School and Unique Thrift Store that were worked during May and June. The total amount of these
payments was $4,360.00. The Police Department also received reimbursement for its participation in the
Anoka County DWI Task Force in April, May and June. This money was paid through the Nightcap grant
and totaled $2,432.17. The total of ail receipts was $6,792.17, and this money was deposited into the
City's General Fund.
ANALYSISICONCLUSION
The Police Department is requesting that the City Council pass a motion requiring the $4,360.00 received
from CHHS ($1,300.00} and Unique Thrift Stores ($3,060.00}, plus tlae $2,432.17 from the Nightcap grant
for the Anolca County DWI Taslc Farce be returned to the 2009 Police Department Budget line item 1020,
Police Overtime.
RECOIYANIENDED MOT)CON:
Move to transfer the $4,360.00 received from CHHS and Unique Thrift Stores and the $2,432.17 received
from the Nightcap grant far our participation in the Anoka County DWI Task Force from the General
Fund to the Police Department 2009 Budget line item 1020, Police Overtime.
l~ao
COUNCIL ACTION:
36
Minnesota Management & budget -Vender Payments - PaymentDetail
~ ~ ~~~.
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Pa~m~n~ D~tai~ F~~ ~V'enda~r:
COLUM8I~4 HEIGHTS CITY (1F T
No. (136772001 t?t1
Page 1 of 1
404 Centennial Building
858 Cedar Street
Saint Paul, MN 55155
If you have any questions regarding this payment, call the Contact Phone Number listed next to the Agency
CodclDescription. This is the state agency that made the payment to you and will be able to answer any
questions.
Payment Number
Payment Amount :
Payment Date :
Agency Code/
Description
P07 ST PATROL-
ERNESTO
P07 ST PATROL-
ERNE5T0
P07 ST PATROL-
ERNESTO
EF00004097066
2,432.17
2009/07/ 10
Contact Phone Voucher
Number Number
651/201-7020 50000001442
651/201-7020 50000001443
651!202-7020 50000001444
Return.t® P~ycrne~t_~unnanaa~y._P~ge
Vendor
Invoice Number
NIGHTCAP POLICE 4/18-24!09
NIGHTCAP POLICE 5/i-30/09
NIGHTCAP POLICE 6/5109
Payment
Amount
$25.09
1,163.75
443.33
Select a f9ifferent 1Jocation
_._ __ . _
https://www2. mainserve~-.state. non.usipatw/servle~~'ayzncntDetail. j sp?PaymentNa=EF000... 7110/2009
~~~
To: Chief Scott Nadeau
From: Captain Lenny Austin
Subject: t7vertime Transfer
Date: July 31, 2009
Attached is a list ofthe overtime reimbursement received from June S-July 31, 2009.
This is income from outside sources that has been paid to CHPD for services of our personnel.
Please request a transfer of these funds to our overtime account.
Patron
Invoace # ,_
lDate_R.eceived
Aaumunt
CHHS 2009-010 06/29/2009 $2SS.00
Unique Thrift 2009-011 06/17/2009 $1360.00
CHHS 2049-012 07/1312009 $680.00
CfIHS 2009-013 07/13/2009 $2SS.00
CHHS Class of 2009 2009-01 S 07/30/2009 $110.00
Unique Thrift 2009-016 07/30/2009 $1700.00
Tatal Amount to be Transferred into Account: $43b0.d0
38
CITY COUNCIL LE'T'TER
Meeting of August 10 2009
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
-.-
ITEM: Adopt Resolution 2009-115 authorizing the BY: Scott Nadeau BY: ~'
execution of agreement and participation in the Safe and DATE August 4, 2009 DATE:
Sober communities grant program
NO.
BACKGROUNID
The Columbia Heights Police Department is again joining with the Coon Rapids Police Department,
Anoka Police Department, Blaine Palice Department, Fridley Palice Department, Lino Lalces Police
Department, Ramsey Police Department, and the Anoka County Sheriff's Office to enter into granf
agreements with the Minnesota Department of Public Safety for the project entitled Safe and Sober
Communities during the period from October 1, 2009 through September 30, 2012. This grant allows
the departments involved to place additional officers on the streets of our cities in order to detect, deter,
and cite for moving violations in our city. Emphasis is placed on seat belt use and arresting impaired
drivers.
ANALYSISICONCI.,USION
A resolution is required in order to authorize the execution of grant agreements. This resolution will
also authorize the Coon Rapids Palice Department to be the fiscal agent and, administer the grant.
RECOMMENDEI® MOTIONS
Move to waive the reading of Resolution 2009-115, there being ample copies available for the public.
Move to adapt Resolution 2409- i 15 authorizing the execution ofagreement and participation in the Safe
and Sober Communities grant program.
kao
COUNCIL ACTION:
39
RESOLUTION N0.2009-115
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
AND PARTICIPATION IN TIIE SAFE AND SOBER COMMUNITIES
GRANT PROGRAM
WHEREAS, the City of Columbia Heights Police Department shall enter into grant agreements
with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled
Safe & Sober Communities during the period October 1, 2449 through September 34, 2412; and
W~IEREAS, that the Coon Rapids Police Department is hereby authorized to be the fiscal agent
and administer this grant on behalf of the Columbia Heights Police Department.
NOW, THEREFORE BE IT RESOLVED that Chief Nadeau of the Columbia Heights Police
Department is hereby authorized to execute such agreements and amendments as are necessary to
iinpiement the project entitled Safe & Sober Communities on behalf of the Columbia Heights
Police Department.
Passed this ~ day of 2449.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
40
CITY COUNCIL LETTER
Meeting of August 10.2009
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Authorize School Liaison Officer BY: Scott Nadeau BY: ~`
NO, Contract with School District DATE: August 3, 2009 DATE:
for 2009-2010
BACKGROUND
In 1992, the City of Columbia Heights and School District #13 entered into a Joint Powers agreement to
fund a School Liaison Services program. This contract has been xenewed each year since then. The
program continues to provide benefits to the School District and the Police Department and is an important
part of our juvenile program. Beginning with this contract, the term will run. an a calendar year basis
instead of aligning with the school calendar as has been done in the past. The School District approved this
contract at their meeting of July 21, 2009.
The School District shares expenses with the Police Department during the school year at the rate of one
half of 9J12ths of fihe cost of providing the officer at the high school, including wage, fringe and
miscellaneous costs. The School District's share for September 1 through December 31, 2009 is
$18,169.33. The School District's share for calendar year 2010 is $38,616.75.
The grant that funds the Middle School Liaison Officer expires as of June 30, 2010. The School District
has agreed to fund that officer at the rate of one-half of six months for the second half of 2010. Their
portion of that amount is $25,744.50.
ANALYSIS/CONCLUSION
Officer Erik Johnston will be in his third year as the High School Liaison Officer. Officer Danielle Haply
will be in her second year at the Middle School. They have developed contacts with the students and staff
at the schools that are invaluable in our investigation of juvenile crime. These officers are excellent role
models to students and a valuable resource to the school and the community. Their interaction at the
schools is an important link between law enforcement and the educational system.
RECOMMENDED MOTION
Move to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with Columbia
Heights Publie Schools for the provision of a Police School Liaison Officer program as stipulated in the
Joint Powers Agreement far the period of September 1, 2009 through December 31, 2010.
kao
COUNCIL ACTION:
41
SCHCJOL JLIAIS~JI'~ t~FFICER PRCIGR.~.M
September 1, 2009 through
]®ecember 31, 2010
Columbia Heights Police Department
and
Columbia Heights Public Schools
Prepared and Submitted by:
Chief Scott Nadeau
June 1, 2049
42
TABLE OF C®NTEIdTTS
~ub,~ect
Page
Mission, Goals and Primary Responsibilities of the
School Liaison Officer ...............................................................................................3
Objectives of the School Liaison Officer Position ...............................................................4
Position Description -School Liaison Off cer Position:
Accountability and Education Requirements .............................................................6
Positian Description -School Liaison Officer Position:
Qualifications .............................................................................................................7
Major Areas of Accountability far the
Schaol Liaison Officer Position .................................................................................9
Guidelines for School Liaison Officer Position .................................................................11
3oint Powers Agreement ....................................................................................................12
Cast Factor Breakdown: High School Liaison for 9-1-09 to 12-31-09 ............................. i 5
Cost Factor Breakdown: High. Schaol Liaison for 2010 ....................................................16
Cost Factor Breakdown: Middle School Liaison for 2010 ...............................................17
43
MISSION, GOALS AND PRIMARY RESPONSISILITTES OF THE SCHOOL
LIAISON OFFICER
.Mission Statement:
The School Liaison Officer is placed in the school environment to identify, correct, and
prevent delinquent behaviors and activities, and to create a positive relationship between
youth, police, and other authority figures.
Goals:
To work with and thxough school administrators, counselors, teachers, and students to
develop a better understanding and a mare positive attitude among students as to the role
of a police officer.
To work in liaison with school officials to provide, as much as possible, a safe and crime-
free environment for students and staff.
To act as a law enforcement consultant and educator to Columbia Heights School District
#13 schools located in Columbia Heights anal Hilltop.
Pritstary Responsibilities:
The School Liaison Officer shall function as a law enforcement officer within the school
environment and under the direction ofthe Columbia Heights Police Department
investigative supervisor. The School Liaison Officer sha11 act as a resource for students,
teachers, counselors, school administrators and parents. The School Liaison Officer shall
remain conscious that the primary responsibility is that of a law enforcement officer,
The School Liaison Officer plans and coordinates all functions of investigations relating
to juveniles and children, in both criminal and non-criminal matters to effectively solve
criminal cases and build a basis for successful prosecution when warranted and/or make
all appropriate dispositions of non-criminal zn.atters.
The School Liaison Officer also develops and presents investigative reports to the County
Attorney and/or City Prosecuting Attorney for complaints and coordinates with other
juvenile referral agencies to appropriately handle juvenile criminal and non-criminal acts
that have come to the attention of the Department.
P~e3
THE OBJECTIVES ®F THE SCIICOOL LIAISON OFFICER POSITION AI2E:
®bjective #X :
To provide a formal process or rationale to:
a. Enhance the general. safety to students and faculty staff in and around
public schools.
b. Monitor and/or prevent juvenile gang activity and provide intelligence.
c. Reduce the use of uniform officer intervention at school sites for
response to school related service demands.
d. Maintain community contact for:
parents, students, neighborhoods, community organizations (PTA
and other service providers)
e. Handle incidents such as minor assaults, thefts, and threats as they occur
in the officer's assigned schools.
Indicator #Y:
Lack of formal or informal complaints or concerns, either written ar verbal.
Receipt of letters, phone calls or personal verbal contacts regarding individual
or program successes.
Objective #2:
To provide the following services to Columbia Heights School District #13 schools
located in Columbia Heights and Hilltop:
a. To coordinate and dixectly provide for, in appropriate circumstances, the
general safety of students and staff.
b. To monitor gang activity throughout school property and respond
appropriately to non-school related intelligence regarding gang activity.
To reduce the number of calls responded to by uniform officers at school
sites.
P~e4
Indicator #2:
Maintain adequate knowledge through review of daily reports, keeping abreast
of the above current problems and disseminating information to Investigations
and Patrol.
Objective #3:
~ornplete all investigations assigned or generated in the field to their proper
conclusion.
Indicator #3:
Pass Liaison supervisor's review of completed cases. One hundred percent of
cases must pass this review.
Objective #4:
Improvement and continual update of Liaison Program.
Indicator #4:
Yearly evaluations to be prepared by School Officials, Police Department and
Liaison Officer for annual review and evaluation.
P~eS
POSITION DESCRIPTION - SC]EIOOL LIAISON OFFICER
ACCOUNTABILITY AND EDUCATION REQUIREMENTS
The School Liaison Officer is a membex of the department below the rank of Sergeant.
Officer maybe assigned from the rank of police officer to serve as School Liaison
Officer.. Officers who desire to serve in this assignment may submit their requests in
writing to the Police Captain. Officers serving in the assignment maybe removed at the
discretion of the Chief of Police. The appointed School Liaison Officer may vacate this
position with thirty days written notice to the Chief of Police. While serving in this
assignment, officers shall receive a pay differential in accordance with the labor
agreement in effect at the time of the assignment.
Accountable to:
The School Liaison Offzcer reports to and is directly accountable to the Police
Department Captain and/or the Chief of Police.
.Education arxd Training ~tequireftzents:
POST licensed, supplemented by course work in investigative techniques, interview and
interrogation techniques and crime scene processing techniques, at least three years of
experience as a police officer.
Page 6
Pt.~SITION DESCI2~P`T;rON - SCJEI4®L LIAIStlN OF`F`ICE~.2.
QUALIFICATIONS
Considerable knowledge of the principles of modern investigation techniques.
2. Thorough knowledge of scientific methods of crime detection and criminal
identification.
3. Thorough knowledge of federal, state and local laws and ordinances that are
enforced by the department.
4. The ability to communicate effectively bath orally and in writing.
The ability to analyze complex criminal transactions and trends and to use
information obtained to successfully charge criminal offenders.
6. The ability to develop informants.
'7. The ability to independently manage a number of investigations at any one tune.
8. The ability to manage time effectively.
9. The ability to speak effectively in public.
10. The ability to work effectively with juveniles.
1 1. The ability to gain cooperation, support, and assistance of the area church organiza-
tions, County Welfare, County Court Services, Juvenile Court, County and City
law enforcement, and other agencies in the community.
12. To meet as needed with members of the personnel team and police department
representatives to discuss individual student and student body problems that affect
school or police department objectives.
13. The ability to provide educational materials and lectures for the students, the school
staff and the community on juvenile problems and problem areas, available
assistance services for the students and their parents, and other topics deemed
important.
14. The ability to assist in the classroom in the teaching of physical, mental and social
effects of alcohol and narcotic use and abuse.
15 , The ability to train the school staff in matters of school security, symptoms of drug
abuse, etc.
P~e7
16. The ability to identify and take proactive steps to prevent activities that lead ar
could lead. to delinquent behavior andlor activities.
17. The ability to establish a favorable rapport with students as a means far preventing
delinquent behavior and activities.
18. The ability to maintain the police image. The School Liaison Officer is responsible
far the enforcement of city and state law, but whose treatment is fair and recognizes
he is working in a juvenile environment. The Juvenile Officer must assure the
students and the staff that he/she is not in the school to create a police state, he/she
is there to assist the administrative staff and students.
19. The ability to promote informal contacts between the students and the police, to
increase communication and understanding between the two.
20. The ability to meet all other requirements and performance criteria defined for
patrol officer position.
2i, The ability to serve as a resource person for law enforcement and juvenile court
procedures. The officer will be in a position with the school to develop a better
understanding and have additional pertinent information for juvenile court
determinations.
22. The School Liaison Officer is often in a favorable position to work an many
creative programs and can work with juvenile group leaders trying to interest them
in constructive activities of a recreational or social nature.
P~e8
1VIA~OI2 A~I2EAS OF ACCOUNTABILITY OF THE SCHOOL. LIAISON
OFFICER P®SITION
Ta attend school staff meetings as a resource person in developing and adopting
procedures that will contribute to the prevention of juvenile delinquency.
2, To communicate and cooperate with countywelfare officers, probation personnel, and
other members of the professional community when appropriate.
3. To assist school staff members in understanding the Anoka County Juvenile Court
System, law enforcement ramifications, and the technique of court referrals when
necessary.
4. To be a part of the total team effort to provide rate models and prevent undesirable
behavior patterns from developing. Endeavor to build and maintain rapport between
youth, school, and police by day-to-day contact as a resource person.
5. To become involved in school and outside youth activities in order to understand
special problems of youth and how they may be positively addressed. Participate in
community affairs as requested or assigned, and be available for lectures to school and
community groups.
6. To facilitate education programs far students; i.e., acts as a resource person in the
continuing development of drug education, etc.
7. To assist and advise in security matters regarding school buildings and properties that
are normally supervised by school staff rxzembers upon request of appropriate school
official(s).
To maintain individual police skills, including physical conditioning. Stay abreast of
developments in the crime prevention and youth relations fields and changes in related
laws and ordinances.
9. To prepare and submit necessary case files regarding cases assigned or investigated.
10. To work under the direction of the investigative supervisor and will accept input from
appropriate school administrative personnel.
11. Investigates reported crimes, both in and out of the school environment, for the
purpose of collecting evidence and identifying, locating, questioning witnesses and
suspects, and making legal arrests as justified by the facts developed.
12. Obtains and processes physical evidence. Handles or arranges for the processing of a
crime scene including measurements, fingerprints, photos and drawings, etc.
Page 9
13. Ensures proper development of cases for prosecution, builds an accurate and complete
case file through reports of actions and findings. Coordinates the disposition of all
juvenile matters to provide for unified approach.
l ~. Ensures proper disposition of cases far prosecution, builds an accurate and complete
case file through reports of actions and findings. Coordinates the disposition of all
juvenile matters to provide for a unified approach.
15. Ensures proper disposition of all assigned cases, meets with the Police Captain
regularly to review the status of all cases and determines whether to pursue, delay or
close the matter.
16. Confers with parents, other members of the Criminal Justice System, and those private
and public agencies within the community which are involved in the case, counseling
or treatment of juveniles, children or family units, in the disposition of matters
involving juveniles and/or children.
17. Preparation and presentation of appropriate material to students of elementary, junior
and senior high schools.
18. Keeps the Police Captain advised of all current investigations and performs all other
duties as apparent or assigned.
Pale 10
GUIDELINES FC9R T1LIE SCiit)OL LIAISON O~"FICER POSITION
Work week will be based on a 40-hour week.
2. Work hours will be proximate to the school day.
3. Will be assigned a department vehicle while on-duty.
4. Time commitment is appropriately divided in each of the following categories:
a. ln-school activity at high school or middle school
b, Case investigation, training, and meetings as scheduled
c. D.A.R.E.
d. Elementary schools
5. Primary supervisor is the Police Captain. Secondary supervisor is the on-duty
police supervisor.
6. Must report to a supervisor daily, but is authorized to report immediately to the
school each day if approved.
7. Must be prepared to perform all police functions, as the officer is subject to
immediate call-out for other activities, but must be discreet in the visibility of
police equipment.
8. Will be assigned a cellular phone, and the phone must be operational during all
hours when on duty.
9. Break time will be as defined in the union agreement.
10. Will be assigned desk space at the Police Department and will be provided
appropriate office space and supplies by the schools.
11. Must dress in a manner that is acceptable to school administrators and with. the
approval of the Chief of Police.
12. The officer is at ali times under police supervision, but is expected to work closely
with school administrators and staff. The objective is to solve problems, assist
school staff, and to assist students.
13. Will keep a log and prepare appropriate reports to the Chief of Police.
Page 11
52
JOINT POWERS AGREEIVIENT
This 3oint Powers Agreement dated this day of is made pursuant to
M.S. 471.59 by and between the City of Columbia Heights (City} and Columbia Heights
Public Schools {School District).
1. Purpose; The purpose of this agreement is to create, fund, and implement the
positions of Police School Liaison Officer
2. Duties and Responsibilities: The jab description for the School Liaison Officer is
attached.
3. Selection Process: Frorn applications of qualified applicants for the position of
School Liaison Officer, one or more candidates will be selected by a selection
board made up of School District #13 personnel and appointed Police Department
personnel. Oral interviews are to be administered by the same selection board. The
final appointment of the School Liaison Officers are at the discretion of the Chief
of Police, The School Liaison Officer maybe removed from the position at the
discretion of the Chief of Police.
4. Fundi:xg: The School District and City will share the fallowing expenses equally
during the school year, except in no event may the School District's share of the
expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package
for the High School Liaison Officex for the year. Far 2410, the School District will
be responsible for 1/2 of six months of the total officer compensation and benefit
package for the Middle School Liaison Officer, as the grant that originally covered
this officer will expire on 6/30/2010.
A. Officer's Salary
B. Position Grade Enhancement
C. Holiday Pay
D. F.I.C.A.
E. Workers Compensation
F, P.E.R.A.
G. Hospitalization
H. Training
I. Vehicle-related Costs
The cost breakdowns for the period of September 1, 2049 through December 31,
2010 are attached.
Page 12
53
Billing: The City shall submit a bill to the School District, which will be paid
within thirty days of receipt.
6. Terrn: This agreement sha11 commence on September 1, 2449, and shall end on
December 31, 2414.
7, General Provisions: The Police School Liaison Officer is a city employee and
shall not be considered an employee of the School District for any purpose,
including but not limited to salaries, wages, other compensation ar fringe benefits,
Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security,
liability insurance, beeping of personnel records, termination of employment,
individual contracts or other contractual rights. The officer will report to and be
directed by the lnvestigative Supervisor, but will. consult regularly with the School
District officials. The officer will have office space and phone at the School
District's high school without cost to the City.
8. Indemnification by City: The School Liaison Officer is a City employee. The City
shall indemnify, hold harmless, and defend the School District, its elected officials and
employees against any and all liability, loss, costs, damages, expenses, claims or
actions which the School District, its officers and employees may hereafter sustain,
incur or be required to pay, arising out of or by reason of any negligent or willful actor
omission of the City, its agents or employees, in the execution, performance, or failure
to adequately perform the City's obligations pursuant to this agreement.
9. Indemnification by School District: The School District shall indemnify, hold
harmless, and defend the City, its officers and employees against any and all liability,
loss, costs, damages, expenses, claims or action which the city, its officers and
employees may hereafter sustain, incur or be required to pay, arising out of or by
reason of any negligent or willful act ar omission of the School District, its agents or
employees, in the execution, performance or failure to adequately perform the School
District's obligations pursuant to this agreement.
10. Termination of ~tgreernent: Ninety day written notice by either School District or
City is required to terminate the program.. The Liaison Officer can be removed at any
tinge fallowing the written notification of termination of the program.
11. Temporary Reassignment: Temporary reassignment of the Liaison Officer is at the
discretion of the Chief of Police not to exceed thirty consecutive days, contract to be
renegotiated after thirty days.
Page 13
54
12. The resolution ofunforeseen problems arising in this program shall be negotiated by
representatives appointed by the School District and the Chief of Police.
.fin witness whereof the parties have executed this agreement the day and year first written
above.
City of Columbia Fleights
--_
Gary L. Peterson at
Mayor Sup
Scott Nadeau as
Chief of Police S h
Columbia Heights Public Schools
Page 14
sy Lee ~/ ,/
col Board Chaix
55
COST FACTOR BREAKDOWN
Il[IG1FT SCHOOL LIAISON OFFICER PROGRAM
2009
Base Wage -High School liaison Off eer:
Patrol Top Wage
Liaison Officer Premium
Longevity (4 year rate)
Holiday pay
Deferred Compensation
Overtime Allocation
Total Base Wage
$5,378.80/month
$ 146.gq/month
$ 9q.31/month
$b4,536.gq/year
$ 1,7S2.gq/year
$ 1,084.gq/year
$ 3,289.80/year
$ 375.00/year
$ 1,8gq.ogl~ear
$72,836.00/year
Cornpensatian and Fringe:
F.1.C.A. {1.45%}
Workers Camp (3.68%}
P.E.R.A. (14.1q% gross wage)
Hospitalization ($7gSlmonth}
Total Fringe Benefit Costs
Miscellaneous Costs:
Training allowance
Vehicle related expense
Total Miscellaneous Costs
Total Yearly Costs
To compute monthly total:
$9b,9gZ.gq divided by 12 months = $ 8,875.17
To compute school year total:
$ 8,g75.I5 X 9 months {school year} _ $72,b7b.53
$ 1,gSb.gq/year
$ 2,680,gq/year
$10,27q.gq/year
$ 8,4b0.00/year
$ 22,466.401year
$ 8gq.g0/year
80q.Oq/year
$1,640,00/year
$ 96,902.00/year
To compute School District #13 cost for September -December 2089:
1/4 of 9/ 12 funding formula = $18,1 b9.13
Total Cast to Calutnbia Heights Public Schaals
for High School Officer for 9-1-09 to X2-31-09: $18,169..X3
Page 15
56
COST FACTOR k3REAI030WN
HIGH SCHOOL LIAISON OFFICIER PROGRAM
Salo
Base Wage - ITigh Sclioal Liaison Off cer:
Patrol Tap Vvage $5,593.00/month $ 67,116.00/year
Liaison Officer Premium $ 152.00/month $ 1,824.00/year
Longevity (4 year rate} $ 93,921month $ 1,127.00/year
Holiday pay $ 3,582.00/year
Deferred Compensation $ 325.OOlyear
Overtime Allocation $ 3,510.00/year
Total Base Wage $77,484.00/year
Compensation and Fringe:
F.I.C.A. (1.45%) $ 1,124.00/year
Workers Camp (3.75%) $ 2,905.00/year
P.E.R.A. (14.10%) $ 10,925.00/year
Hospitalization ($745/month) $ 8 940.00/year
Total Fringe Bertefct Costs $ 23,894.00/year
1Yliscellaneous Costs:
Training allowance $ 800.00/year
Vehicle related expense $ 800.00%
Total Miscellaneous Costs $ 1,600.00/year
Total Yearly Costs $102,97$.00/year
To compute monthly total:
$102,978.00 divided by 12 months = $ 8,581.50
To compute school year total:
$ 8,581.50 X 9 months (school year) _ $77,233.50
To compute School District cast:
t/2 of 9/12 funding formula = $38,616.75
Total Cost to Columbia Heights Public Schools
for Higlx School Officer for 2010: $38, 616.75
Page 16
57
COST FACTC?R 1gREAKDOWN
M7CIIDLE SCHOOL LIAISOl~ OFFICER PROGRAM
2414
Base Wage _ Middle School Liaison (?, ffzcet~:
Patrol Tap Wage $5,593.00/month $67,116A0/year
Liaison officer Premium $ 152.00/month $ 1,824.00/year
Longevity (4 year rate) $ 93.92/month $ 1,127.00/year
Holiday pay $ 3,582.00/year
Deferred Compensation $ 325.00/year
Overtime Allaeation $ 3,SI0.00lyear
Total Base Wage $77,484.44/year
Compensation and Fringe:
1?.I.C.A. {1.45%} $ 1,124.00/year.
Workers Comp {3.75%) $ 2,905.00/year
P.E.R.A. {14.10%} $10,925.00/year
Hospitalization ($745/month) $ 8,940.00/
Total Fringe Benefrt Casts $23,894.04/year
Miscellaneous Casts:
Training allowance $ 800.00/year
Vehicle related expense $ 800A0/year
Total Miscellaneous Casts $ 1,644,40/year
Total Yearly Costs $102,978A0/year
To compute monthly total:
$102,978.00 divided by 12 months = $ 8,581.50
Six months of year not covered by grant:
$ 8,581.50 X 6 months (sehoal year} _ $51,489A0
To compute School District cost:
%i of six months' total = $25,744.50
Total Cost to Columbia Heights Public Sehools
for Middle Sclxool Officer for 2010: $25, 744. StI
Page 17
58
CITY COUNCIL LETTER
Meeting of: 8/10/09
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ESTABLISH DATE FOR 2009 PUBLIC SPECIAL BY: K. Hansen BY:,~,,~'~
ASSESSMENT LEVY HEARING FOR: ZONE IC AND 3B DATE: 8/4/09 DATE: ~'`~
SEAL COAT PROGRAM, ZONE 4 STREET
REHABILITATION AND ALLEY RECONSTRUCTION,
AND DELINQUENT ACCOUNTS.
Background:
Special assessments are certified to Anoka County for inclusion on the property tax statements. To be
included with the 2010 tax statement, the assessment hearing needs to be held on or before October 15, 2009.
Analysis/Conclusions:
Staff is recommending Monday, October 5, 2009 for the Assessment Hearings on the following three
projects:
1. Zone 1 C and 3B Seal Coat, Project No. 0901
2. Zone 4 Street Rehabilitation and Alley Reconstruction, Project No. 0902
3. 2009 Delinquent Accounts
Recommended Motion: Move to establish Monday, October 5, 2009 at 6:00 p.m. as the Public Special
Assessment Levy Hearing for City Project #0901. Seal Coat Project, to be held in the City Council Chamber.
Recommended Motion: Move to establish Monday, October 5, 2009 at 6:20 p.m. as the Public Special
Assessment Levy Hearing for City Project #0902 Zone 4 Street Rehabilitation and Alley Reconstruction, to
be held in the City Council Chamber.
Recommended Motion: Move to establish Monday, October 5, 2009 at 6:40 p.m. as the Public Special
Assessment Levy Hearing for Delinquent Accounts, to be held in the City Council Chamber.
COUNCIL ACTION:
59
CITY COUNCIL LETTER
Meeting of August 10, 2009
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY: ~ ~''~
Licenses ,~
NO: DATE: August 4, 2009, 2009 DATE:
Approval of the attached list of rental housing applications. They have met the
requirements of the Property Maintenance Code.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for August 10, 2009.
COUNCIL ACTION:
60
List of 2009 Rental Licenses to Approve
Occupant' LD. Property Owner Name
Property Address
10054 MDC 2000 3820 TYLER
10502 Anoka County Community Action Pro grarrfi928 TYLER
20185 Six of One, LLC 4641 TAYLOR
30008 Columbia Court Town Homes 841 41ST
30019 Lynde Investment Company, LLP 4060 4TH
30021 Lynde Investment Company, LLP 4120 4TH
30027 Lynde Investment Company, LLP 4100 4TH
20013 Shirley Apollo 1132 45TH
34012 Alan Avery 4201 MONROE
10050 Pam Bradshaw 1121 39TH
10143 Robert Chaundonnet 5034 6TH
20016 Bryan Clem 3976 VAN BUREN
20236 Dennis Coppess 3861 EDGEMOOR
12079 Chad Corbett 4601 TAYLOR
20051 Marilyn Dalseth 4539 FILLMORE
30010 Vicente Gavilan 3819 MAIN
10227 Jack Hansen 1853 39TH
10088 Jason & Julie Hetland 1319 43RD
10020 Tsering Jang Chup 1125 POLK
20037 Warren Jeung 654 47 1/2
10124 Luke Juhl 3800 JACKSON
12120 Robert & Susan Koponen 1035 POLK
20238 Robert Koponen 3930 JOHNSON
10084 Jeffrey Larsen 808 49 1/2
20315 Larry Larson 1087 POLK
10049 Vicky Laux 4524 MONROE
30131 Lorraine Lemke 4643 UNIVERSITY
30133 Lorraine Lemke 4655 UNIVERSITY
30157 Lorraine Lemke 4649 UNIVERSITY
20100 John Majewski 3825 JOHNSON
20061 Brian Mevissen 3933 ULYSSES
12091 Julio Orellana 4628 JOHNSON
10287 Richard Peske 4242 2ND
12165 John Ranweiler 4648 TAYLOR
20230 Mahmoud Rifai 3985 JOHNSON
20318 Mahmoud Rifai 1069 POLK
30039 Joanna Rocha 501 MILL
20029 Timothy Schubilske 1401 42 1/2
10118 Marc Spieler 4205 JEFFERSON
08/04/2009 10:35 s~ Page 1
List of 2009 Rental Licenses to Approve
Occupant' M.D. Property Owner Name
Property Address
12185 Joseph Sturdevant
20333 John Utke
20072 Stanley Van Blaricom
20264 Larry Wakeman
20266 Larry Wakeman
1043 POLK
3849 JACKSON
4513 TAYLOR
4600 4TH
4606 4TH
08/04/2009 10:35 s2 Page 2
List of 2008 Rental Licenses to Approve
Occupant' I.D. Property Owner Name
Property Address
20164-NG
Olga Antochy
4000 HAYES
08/04/2009 10;36 63
Page ~
CITY COUNCIL LETTER
Meeting of: August 10, 2009
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO:
DATE: August 5, 2009 f~'
BY: ~/,.a'f' r
BACKGROUND/ANALYSIS
Attached is the business license agenda for the August 10, 2009 Council meeting. This agenda consists
of applications for Contractor licenses for 2009.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for August 10, 2009 as presented.
COUNCIL ACTION:
TO CITY COUNCIL August 109 2009
64
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES 2009
BLDG *Wagenman Remodeling
*Peter's W & S
*Pro Wall Inc
*Artisan Plumb & Rem
*Appliance Connections Inc
*Piper Construction
9561 Dunes Ct S, Cottage Grove $60
800 Lowry Ave, Mpls $60
7990 69`'' Ave, Rockford $60
13972 Ember Way, Apple Valley $60
131.3 Danita Cr, Shakopee $60
1605 Innsbruck Pkwy w, Col. Hts $60
Peterson Bros. Masonry
*Twin Cities S & W
10969 Alameda Ave, Inv Gr Hts $60
4251 W 125`h St, Savage $60
65
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: August 10, 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 13l 258 through 131400 in the
amount of $ 1.536,716.56
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
66
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: August 1.0, 2009
AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: A request for a Conditional Use Permit to
BY: Jeff Sargent, City Planner ~'~
BY: , °'~°,~,~-~
permit a digital LED sign at 3701 Central DATE: August 6, 2009
Avenue.
BACKGROUND:
On August 25, 2009, the City Council adopted Ordinance 1553, allowing the use of dynamic LED signs throughout
the City. The intent of this ordinance was to permit dynamic LED signs as an integral part of a monument sign only,
with the exception of motor fuel stations, which may utilize such signage on existing pylon signs in order to display
fuel prices only. It was discovered that the language specifying that motor fuel stations may only utilize dynamic
LED signs as a part of existing pylon signs to display only fuel prices was inadvertently omitted from the ordinance.
For this reason, the City Council issued a moratorium for dynamic LED display signage at the July I3, 2009 City
Council Meeting. The reason for the moratorium was to give staff time to study and possibly amend the ordinance so
that the original intent of Ordinance 1553 could. be met.
Prior to the issuance of the moratorium, Hoeft Signs, Inc., doing business for Jeff's Bobby and Steve's Autoworld,
submitted an application for a Conditional Use Permit in order to utilize a dynamic LED display sign as a part of an
existing pylon sign. Because the applicant filed the application prior to the issuance of the moratorium, the City
Attorney's legal opinion was that this application would be allowed for processing, and the request would be subject
to the current language of the ordinance.
The applicant submitted his application in good faith and with the understanding that a dynamic LED display would
be allowed on a pylon sign for his business. For this reason, the application will be processed using the Findings of
Fact and other requirements based on the current ordinance.
RECOMMENDATION:
The Planning Commission failed to recommend approval of the Conditional Use Permit with a 2-2 vote at the August
5, 2009 Planning Commission meeting. For this reason, staff has supplied an alten~ate recommendation for denial,
with the appropriate motions.
The Planning Commission cited the unfair advantage that would be given to Jeff's Bobby and Steve's Autoworld,
along with the other gas stations, that would be received should the CUP be granted. In keeping with the spirit and.
intent of the original Ordinance 1.553, and to ensure that all businesses along Central Avenue shared the same
advantage in promoting their business, two dissenting votes were cast.
(continued)
COUNCIL ACTION:
75
RECOMMENDED MOTIONS:
Motions for Approvals
Move to waive the reading of Resolution 2009-119, there being ample copies available to the public.
Move to adopt Resolution No, 2009-119, approving a Conditional Use Permit for a digital LED sign for Jeff's Bobby
and Steve's Autoworld. located at 3701 Central Avenue, subject to the conditions outlined in Resolution No. 2009-
119.
Alternate Motions for Denials
Move to waive the reading of Resolution 2009-120, there being ample copies available to the public.
Move to adopt Resolution No. 2009-120, denying a Conditional Use Permit for a digital LED sign for Jeff's Bobby
and Steve's Autoworld. located at 3701 Central Avenue because of the discriminatory advantage that would be given
to Jeff's Bobby and Steve's ALrtoworld over other like business should the Conditional Use Permit be granted.
Attachments: Resolution 2009-119,° 2009-1 ZU; Y+L Memo; Location Map, J'ite flan, sagn 1~etart
COUNCIL ACTION:
76
DRAFT RESOLUTION N0.2009-119
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
JEFF'S BOBBY AND STEVE'S AUTOWORLD FOR A DYNANIIC LED DISPLAY SIGN
WITHIN THE CITY OF COLUMBIA HEIGHTS, MIl~TNESOTA
WHEREAS, a proposal (Case #2009-0801) has been submitted by Jim Hoeft Signs to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 3701 Centra] Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.106 (P)(13)(e)1, to allow a dynamic LED sign in the GB, General Business
District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on August 5, 2009;
VVI~REAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
~~
Resolution No. 2009-119
2
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8, 'The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached. conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one 1
calendar,year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The dynamic LED signs may occupy no more than fifty percent (50%) of the actual copy and
graphic area. The remainder of the sign must not have the capability to have dynamic LED
signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten (10)
minutes, except one for which changes are necessary to correct hour-and-minute, date, or
temperature information.
3. A display of time, date or temperature information may change as frequently as once every
ten (10) seconds, however information displayed not relating to the date, time or temperature
must not change or move more often than once every ten (10) minutes.
4. The images and messages displayed must be static, and the transition from one state display
to another must be instantaneous without any special effects. Motion, animation and video
images are prohibited on dynamic LED sign displays.
5. The images and messages displayed must be complete in themselves, without continuation in
content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in one position
if a malfunction shall occur. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must immediately
stop the dynamic display when notified by the city that it is not complying with the standards
of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per
square meter) during daylight hours and a maximum illumination of 500 nits (candelas per
~8
Resolution No. 2009-119
P
square meter) betvveen dusk to dawn as measured from the sign's face at maximum
brightness, The dynamic LED signs must have an automatic dimmer control to produce a
distinct illumination change from. a higher illumination level to a lower level for the time
period between one-half hour before sunset and one half-hour after sunrise.
Passed this 10'' day of August 2009
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
79
RESOLUTION N0.2009-120
RESOLUTION OF DENIAL
OF A CONDITIONAL USE PERMIT FOR A
DYNAMIC LED DISPLAY SIGN FOR 3701 CENTRAL AVENUE
WHEREAS, a proposal (Case #2009-0801) has been submitted by Jim Hoeft Signs to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 3701. Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business
District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on August S, 2009;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council does accept and shall adopt the following findings of the Planning
Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use in the GB, General
Business District
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The use of digital LED signs is consistent with the purpose and intent of the
Comprehensive Plan.
3, The use will not impose hazards or disturbing influences on neighboring properties.
The Planning Commission cited the unfair advantage that would be given to Jeffs
Bobby and Steve'sAutoworld, along with the othergas stations, that would be received
should the CUP be granteaL A discriminatory advantage would be given to the
business with the approval of the Conditional Use Permit.
so
4. The use will not substantially diminish the use of property in the immediate vicinity.
The use ofproperty in the immediate vicinity will not be diminished by the placement
of a digital LED sign at 3701 Central Avenue.
S. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
The intended character of the surrounding area is for dynamic LED signs to be an
integral part of monument signs only.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
This is correct
7, Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
The use of a digital LED sign at this location will not affect traffic.
The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
The Planning Commission cited the unfair advantage that would be given to Jeffs
Bobby and Steve'sAutoworld, along with the othergas stations, that would be received
should the CUP be granted A discriminatory advantage would be given to the
business with the approval of the Conditional Use Permit.
9, The use complies with all other applicable regulations for the district in which it is located.
This is correct
FURTHER, BE IT RESOLVED, that said Conditional Use Permit is denied based on the
following:
1. A discriminatory advantage that would be given to Jeff's Bobby and Steve's Autoworld over
other like business if the Conditional Use Permit was approved.
Passed this 10" day of August 2009
Offered by:
Seconded by:
Roil Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
st
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2009-0801
DATE: August 5, 2009
TO: Columbia Heights Planning Commission
APPLICANT: Jeff s Bobby and Steve's Autoworld
LOCATION: 3701 Central Avenue
REQUEST: Conditional Use Permit for LED Sign
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
On August 25, 2009, the City Council adopted Ordinance 1553, allowing the use of
dynamic LED signs throughout the City. The intent of this ordinance was to permit
dynamic LED signs only as an integral part of a monument sign, with the exception of
motor fuel stations, which may utilize such signage on existing pylon signs in order to
display fuel prices only. It was discovered that the language specifying that motor fuel
stations may only utilize dynamic LED signs as a part of existing pylon signs to display
only fuel prices was inadvertently omitted from the ordinance. Far this reason, the City
Council issued a moratorium for dynamic LED display signage at the July 13, 2009 City
Council Meeting. The reason for the moratorium was to give staff time to study and
possibly amend the ordinance so that the original intent of Ordinance 1553 could be
met.
Prior to the issuance of the moratorium, Jeff's Bobby and Steve's Autoworld submitted
an application for a Conditional Use Permit in order to utilize a dynamic LED display
sign as a part of their existing pylon sign. Although the original intent of Ordinance 1553
was to allow dynamic LED displays on pylon signs for motor fuel stations to indicate fuel
prices only, the current language of the ordinance does not specify this restriction.
Because the applicant filed the application prior to the issuance of the moratorium, the
City Attorney's legal opinion was that this application would be allowed for processing,
and the request would be subject to the current language of the ordinance.
Staff recognizes the necessity to amend the Zoning Code pertaining to dynamic LED
display signs to better reflect the spirit and intent of the original ordinance. The current
language pertaining to dynamic LED displays gives an unfair advantage to motor fuel
stations that currently have pylon signs. For example, the ordinance would not allow for
City of Columbia Heights Planning Commission August 5, 2009
Jeff's Bobby and Steve's Autoworld -LED Signage Case # 2009-0801
a non-motor fuel station business to display an LED sign on their existing pylon sign.
However, with this said, staff also recognizes that the applicant submitted his
application in goad faith and with the understanding that a dynamic LED display would
be allowed on a pylon sign for his business. For this reason, staff will process the
application and apply the Findings of Fact and other requirements based on the current
ordinance.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this
helps promote the economic vitality
comprehensive plan. For this reason,
Comprehensive Plan.
property for commercial use. The use of signs
of the city, which is a specific goal of the
the proposed use of a sign is consistent with the
ZONING ORDINANCE
The property is zoned GB, General Business, as are the properties to the north and
west. The properties to the east are zoned for one and two family residential use. The
property to the south lies in the City of Minneapolis.
Pylon signs are considered to be legally non-conforming uses along Central Avenue.
The Design Guidelines, which were adopted in 2005, restricted all new freestanding
signs to monument signs only. For this reason, all existing pylon signs were
"grandfathered in", and are allowed to continue their existence unless removed for a
period of one year. Altering pylon signs is permitted, as long as the overall square
footage of the sign does not increase. The applicant is proposing to replace 33.5
square feet of existing signage with a 33.5-square-foot dynamic LED display sign. The
overall square footage of the sign will not increase. Dynamic LED display signage may
also occupy no greater than 50% of the overall square footage of the sign. The current
pylon sign is 75.8 square feet. The total amount of LED signage will be less than 50%
of the overall square footage of the sign.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in
order for the City Council to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the
property is located, or is a substantially similar use as determined by the
Zoning Administrator.
Digital LED signs are specifically listed as a Conditional Use in the GB, General
Business District.
Page 2
83
City of Columbia Heights Planning Commission August 5, 2009
Jeff's Bobby and Steve's Autoworld -LED Signage Case # 2009-0801
(b) The use is in harmony with the general purpose and intent of the
Comprehensive Plan.
The Comprehensive Plan designates this area for commercial development that
includes goals for commercial and economic development. These goals include:
strengthening the image of the community as a desirable place to live and work,
providing opportunities and mechanisms for successful redevelopment of
targeted areas, preserving and enhancing the existing commercial areas within
the community, advocating high quality development and redevelopment within
the community, and enhancing the economic viability of the community. The
applicant's proposal for a digital LED sign is consistent with these goals, as the
sign will be used to promote the economic vitality of the city.
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
The applicant will have to abide by specific development standards as they relate
to LED signs. These standards were adopted to help ensure a limiting disturbing
influence on neighboring properties. Given the location of the proposed sign and
its orientation to Central Avenue, staff feels that the use will not impose hazards
on the neighboring properties.
(d} The use will not substantially diminish the use of property in the immediate
vicinity.
The use of property in the immediate vicinity will not be diminished by the
placement of a digital LED sign at 3701 Central Avenue.
(e) The use will be designed, constructed, operated and maintained in a manner
that is compatible with the appearance of the existing or intended character of
the surrounding area.
The applicant will be required to abide by specific development standards as they
relate to LED signs. These standards will help ensure compatibility with the
appearance of the existing surrounding area.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
This is correct.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and to provide for appropriate on-site circulation of
traffic.
Page 3
84
City of Columbia Heights Planning Commission August 5, 2009
Jeff's Bobby and Steve's Autoworld -LED Signage Case # 2009-0801
The use of a digital LED sign at this location will not affect traffic.
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses is the immediate vicinity.
By subjecting the use of a digital LED sign to specific development standards, it
is intended that the use will not cause a negative cumulative effect.
(i) The use complies with all other applicable regulations for the district in which
it is located.
This is correct.
RECOMMENDATION
Staff recommends approval of the proposed CUP for a digital LED sign for Jeff's Bobby
and Steve's Autoworld, located at 3701 Central Avenue.
Motion: That the Planning Commission recommends that the City Council approve the
Conditional Use Permit for a for a digital LED sign for Jeff's Bobby and Steve's
Autoworld, located at 3701 Central Avenue, subject to certain conditions of approval
that have been found to be necessary to protect the public interest and ensure
compliance with the provisions of the Zoning and Development Ordinance, including:
The dynamic LED signs may occupy no more than fifty percent (50%) of the
actual copy and graphic area. The remainder of the sign must not have the
capability to have dynamic LED signs, even if not used. Only one, contiguous
dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten
(10) minutes, except one for which changes are necessary to correct hour-and-
minute, date, or temperature information.
3. A display of time, date or temperature information may change as frequently as
once every ten (10} seconds, however information displayed not relating to the
date, time or temperature must not change or move more often than once every
ten (10) minutes.
4. The images and messages displayed must be static, and the transition from one
state display to another must be instantaneous without any special effects.
Motion, animation and video images are prohibited on dynamic LED sign
displays.
Page 4
85
City o1= Columbia Heights Planning Commission August 5, 2009
aeff's Bobby and Steve's Autouvorld -LED Signage Case # 2009-0801
5e The images and messages displayed must be complete in themselves, without
continuation in content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in
one position if a malfunction shall occur. The displays must also be equipped
with a means to immediately discontinue the display if it malfunctions, and the
sign owner must immediately stop the dynamic display when notified by the city
that it is not complying with the standards of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits
(candelas per square meter) during daylight hours and a maximum illumination of
500 nits (candelas per square meter) between dusk to dawn as measured from
the sign's face at maximum brightness. The dynamic LED signs must have an
automatic dimmer control to produce a distinct illumination change from a higher
illumination level to a lower level for the time period between one-half hour before
sunset and one half-hour after sunrise.
ATTACHMENTS
^ Draft Resolution
^ Location Map
^ Site Plan
^ Elevations
Page 5
86
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COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin of: Au ust 10, 2009
AGENDA. SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Approval of a S-foot front yard setback BY: Jeff Sargent, City Planner BY: ,~''w~
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1
variance for a monument sign and denial. DATE: August 6, 2009
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of a 5-foot height variance for a monument
si n for 4621 Central Avenue.
BACKGROUND
At this time, the applicant is requesting two variances. The first is a 5-foot front yard setback variance for a monument sign per
Code Section 9.106 (P)(12)(a) 3, to enable the applicants to place to monument sign as close to Central Avenue as possible.
Placing the sign on the front property line would also alleviate the applicants from locating the sign in the middle of the parking
lot.
The second variance request is a 5-foot height variance per Code Section 9.106 (P)(12)(a) 3, to enable the monument sign to be
13 feet in height. The applicants stated that the proposed location of the monument sign -abutting the front property line -
would be directly adjacent to required on-site parking. If a car were to park next to an 8-foot high sign, the sign would be
blocked from view.
The hardship for the setback variance is j ustifiable in that if the sign were placed in accordance to the Sign Code, it would have
to be placed in the middle of the parking lot. Moving the sign up to the front property line would give the applicants a
freestanding monument sign, which would be consistent with the Design Guidelines and also with other businesses along
Central Avenue. There is a lack of hardship for the 5-foot height variance. Staff feels that a 13-foot sign would be inconsistent
with the intent of the Design Guidelines and would create potential negative impacts to the public and surrounding properties.
RECOIVIlVIENDATION:
The Planning Commission recommended approval ofthe 5-foot front yard setback variance with a 4-0 and denial of the 5-foot
height variance with a 4-0 vote, all. at the August 5, 2009 Planning Commission Meeting.
RECOMMENDED MOTION:
Move to waive the reading of Resolution 2009-117, there being ample copies available to the public.
Move to adopt Resolution No. 2009-117, approving a 5-foot front yard setback variance for a monument sign located at 4621
Central Avenue, subject to the conditions outlined in Resolution No. 2009-117.
Move to waive the reading of Resolution 2009-118, there being ample copies available to the public.
Move to adopt Resolution No. 2009-118, denying a 5-foot height variance for a monument sign for Mr. BBQ, located at 4621
Central Avenue because of the lack of a justifiable hardship and because granting the variance would cause potential negative
impacts to the public and surrounding properties.
Attachments: Xesoh~tion lUUy-11 %; Kesolution lUUy-11 ~; Y+L Memo; Location Map, J'ite flan, J'agrt Uetail
COUNCIL ACTION:
so
RESOLUTION N0.2009-117
RESOLUTION APPROVING A VAl[2IANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR NIIL BBQ
WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4621 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot front yard setback
variance for a monument sign per Code Section 9.106 (P)(12)(a) 3.
WHEREAS, the Planning Commission has held a public hearing as required. by the City Zoning
Code on August 5, 2009;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values,
light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council accepts and adopts the following findings of the Planning Commission:
Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been
created by any person currently having legal interest in the property.
4e The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
91
Resolution No. 2009-117
2
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become
part of this variance and approval; and in granting this variance the city and the applicant agree that
this variance shall become null and void if the project has not been completed. within one (1)
calendar year after the approval date, subject to petition for renewal of the permit.
CONIDTIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
2. The base of the monument sign will be constructed of a masonry or brick base to match the
principal structure.
3. The applicants will obtain a building permit for the sign prior to construction of the
monument sign.
4. Appropriate landscaping and curbing shall be installed around the monument sign to help
protect on-site vehicular traffic.
Passed this l Ot~' day of August, 2009
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
92
RESOLUTION N0.2009-118
RESOLUTION OF DENIAL
OF A 5-FOOT HEIGHT VARIANCE FOR A MONUMENT SIGN
FOR 4621 CENTRAL AVENUE
WHEREAS, a proposal (Case # 2009-0802) has been submitted by Mr. BBQ to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4621 Central Avenue
LEGAL DESCRIPTION: On File at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot height variance for a
monument sign per Code Section 9.106 (P)(12)(a) 3.
~%'VIIEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on August 5, 2009;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values,
light, air, danger of fire, and. risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council does accept and shall adopt the following findings of the Planning
Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel of land involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
There is a lack of hardship needed to support the variance.
2. The conditions upon which the variance is based are unique to the specific parcel of land
involved. and are generally not applicable to other properties within the same zoning
classification.
Although every property along Central Avenue in the General Business District is
unique in its layout, there are very few properties in which the only location of a
monument sign would be directly abutting and adjacent to parking stalls.
The difficulty or hardship is caused by the provisions of this Ordinance and has not been
created by any person currently having legal interest in the property.
There is a lack of hardship needed to support the variance.
4e The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan is to promote the economic vitality of the
City. Granting the variance request would assist in achieving this goal.
93
Resolution No. 2006-1 l$ Page 2
5, The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
A 5-foot height variance is too eztreme and would cause a disproportional view of
the property, causing material detriment to the public welfare.
FURTHER, BE IT RESOLVED, that said variance request is denied based on the following:
1. There is a lack of viable hardship to justify the requested variance.
2. Granting the variance would permit a structure that would be disproportionate to the
remainder of the property and would be materially detrimental to the public welfare.
Passed this 10`h day of August, 2009
Offered by:
Seconded. by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, C1VIC
City Clerk/Council Secretary
94
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2009-0802
DATE: August 5, 2009
TO: Columbia Heights Planning Commission
APPLICANT: Mr. BBQ
LOCATION: 4621 Central Avenue
REQUEST: 5-foot setback variance and a 5-foot height variance
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
On December 2, 2008, Mr. BBQ was granted a site plan approval to install a new
monument sign for the business located at 4621 Central Avenue. At that time, the
applicants stated that they would place the monument sign 6 feet from the front property
line and the sign would also meet all other sign code regulations. As the applicants
went through the construction process for the sign, they realized that the property line
was not where they previously anticipated it would be. After completing a survey of the
property, it was revealed that the property line was located approximately 1 foot from
the hard surface parking area for the restaurant, leaving no room to place a monument
sign,
At this time, the applicant is requesting two variances. The first is a 5-foot front yard
setback variance for a monument sign per Code Section 9.106 (P)(12)(a) 3, to enable
the applicants to place to monument sign as close to Central Avenue as possible.
Placing the sign on the front property line would also alleviate the applicants from
locating the sign in the middle of the parking lot.
The second variance request is a 5-foot height variance per Code Section 9.106
(P)(12)(a) 3, to enable the monument sign to be 13 feet in height. The applicants stated
that the proposed location of the monument sign -abutting the front property line -
would be directly adjacent to required on-site parking. If a car were to park next to an 8-
foot high sign, the sign would be blocked from view.
ZONING ORDINANCE
The property at 4621 Central Avenue is located in the General Business District (GB),
City of Columbia Heights Planning Commission August 5, 2009
Mr. BBQ m Monument Sign Variances Case # 2009-0802
as are the properties to the north and south. The properties to the east are zoned R-3,
Multiple Family Residential and the properties to the west are in the City of Hilltop. The
subject parcel is also located within the Design Overlay Highway District, and is subject
the regulations for such properties.
The City Code at Section 9.106 (P)(12) states that monument signs in the GB District
shall be limited to 40 square feet per side, eight (8) feet in height, and shall be set back
a minimum of five (5) feet from all property lines. The applicant's sign plan indicates
that the monument sign will be 40 square feet in area, thirteen (13) feet in height and
placed directly on the front property line. For this reason, a 5-foot height variance and
5-foot front yard setback variance are required.
PARKING The property currently has 21 parking stalls for customer parking. The
number of parking stalls for the restaurant will remain unchanged, as the proposed
monument sign will be located next to the parking area along the front property line.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area for commercial development that
includes goals for commercial and economic development. These goals include:
strengthening the image of the community as a desirable place to live and work,
providing opportunities and mechanisms for successful redevelopment of targeted
areas, preserving and enhancing the existing commercial areas within the community,
advocating high quality development and redevelopment within the community, and
enhancing the economic viability of the community. The applicant's proposal for a
monument sign is consistent with these goals, as the sign will be used to promote the
economic vitality of the city.
FINDINGS OF FACT (Variances)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met
in order for the City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause undue hardship.
Setback Variance: The property previously utilized pylon sign when Cousin's
Subs occupied the space. Since then, the pylon sign was destroyed but never
replaced. Being that the Design Guidelines only permit monument signs, a
monument sign would be the only type of freestanding sign that the business
could incorporate. Presently, the front property line is located approximately 1
foot from the parking lot, leaving very little room to place a monument sign. If a
monument sign were located in a position consistent with the Sign Code, the sign
would have to be placed in the drive aisle for the parking lot, rending the parking
Page 2
96
City of Columbia Hleights Planning Commission August 5, 2009
Mr. BBQ -Monument Sign Variances Case # 2009-0802
lot useless. In this case, the hardship is the current location and proximity of the
parking lot in relation to the front property line.
Height Variance: The applicant stated that even if the sign were placed
directly on the front property line, it would be obstructed from view if a car were
parked next to it in the parking lot. The requested height variance would enable
for this potential problem to be corrected. Staff feels that this rationale is not a
suitable hardship for such an extreme variance request. If the setback variance
were granted, the sign would be placed as close to the front property line as
possible and should alleviate any type of visibility issues.
b) The conditions upon which the variance is based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
This parcel does not have any private green space where a monument sign
might be located because the improvements were constructed at a time where
placing a monument sign on the property was not a concern. Although every
property along Central Avenue in the General Business District is unique in its
layout, it would not be unreasonable to assume that there is more than one
parcel that does not have ample room in the front of the property to place a
monument signs
c) The difficulty or hardship is caused by the provisions of this article and has
not been created by any person currently having a legal interest in the
property.
The applicant bought the property after the previous pylon sign had been
removed and the placement of the driveway and parking areas were already
established. The hardships stated by the applicant are caused by the preexisting
configuration of the building and parking areas on the land.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
The Comprehensive Plan designates this area for commercial development that
includes goals for commercial and economic development. These goals include:
strengthening the image of the community as a desirable place to live and work,
providing opportunities and mechanisms for successful redevelopment of
targeted areas, preserving and enhancing the existing commercial areas within
the community, advocating high quality development and redevelopment within
the community, and enhancing the economic viability of the community. The
applicant's proposal for a monument sign is consistent with these goals, as the
sign will be used to promote the economic vitality of the city.
Page 3
97
City of Columbia Heights Planning Commission August S, 2009
Mr~ BBQ -Monument Sign Variances Case # 2009-0802
e) The granting of the variance will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
Setback Variance: Granting the setback variance would not be materially
detrimental to the public in that it would help place the monument sign away from
on-site vehicular traffic and would also enable patrons a better opportunity to
view the sign.
Height Variance: A 5-foot height variance is too extreme and would cause a
disproportional view of the property, which would not be to scale with the existing
building. A T 3-foot sign is equivalent to the height of a one-story building and
would look out of place on a small sized commercial property.
RECOMMENDATION
Staff recommends approval of the 5-foot front yard setback variance in that there exists
a suitable hardship to justify the request.
However, staff recommends denial of the 5-foot height variance because of a lack of
hardship and the potential negative impacts that a 13-foot-tall monument sign might
present.
Motion: That the Planning Commission recommends that the City Council approve the
5-foot front yard setback variance for a monument sign per Code Section 9.106
(P)(12)(a) 3 of the City Code, subject to certain conditions of approval that have been
found to be necessary to protect the public interest and ensure compliance with the
provisions of the Zoning and Development Ordinance, including:
1. All application materials, maps, drawings, and descriptive information submitted
with the application shall become part of the permit.
2. The base of the monument sign will be constructed of a masonry or brick base to
match the principal structure.
3. The applicants will obtain a building permit for the sign prior to construction of the
monument sign.
Motion: That the Planning Commission recommends that the City Council deny the 5-
foot height variance for a monument sign for Mr. BBQ, located at 4621 Central Avenue
because of the lack of a justifiable hardship and because granting the variance would
cause potential negative impacts to the public and surrounding properties.
Page 4
98
City of Columbia Heights Planning Commission August 5, 2009
Mr. BBQ -Monument Sign Variances Case # 2009-0802
ATTACHMENTS
^ Draft Resolutions
^ Location Map
^ Sign Detail
^ Site Plan
Page 5
99
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CITY COUNCIL LETTER
Meeting of August 10, 2009
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY: ; .~
Abatement ° ~-
DATE: August 4, 2009 DATE:
NO: 09-111 to 09-114
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2009-111 - 1140-42 45t" Avenue
2009-1 12 - 4901 5`" Street
2009-113 - 4509 Fillmore Street
2009-114 - 4648 Polk Street
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2009-1.1.1., 112, 113, and I14 there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2009-111, 112,
113, and 114 being resolutions of the City Council of the City of Columbia Heights
declaring the properties listed a nuisance and approving the abatement of violations
from the properties pursuant to City Code section 8.206.
COUNCIL ACTION:
103
RESOLUTION 2009-111
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement ofordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4901 5`h Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on July 23, 2009.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on July 23, 2009 the Fire Department responded to a long grass complaint at the
address listed above. Inspectors found the structure unsecured and vacant/abandoned. The
Fire Chief declared the building a nuisance in accordance with City Code and ordered an
immediate abatement and that the building be secured. The property is on the City's
abandoned property list. The Fire Chief ordered DuAll Services to responded to the scene
and secure the building with plywood.
2. That on July 23, 2009 DuAll Services responeded to the address and secured the building to
prevent unauthorized access to the building.
3. That on July 23, 2009 the Fire Department sent statement of cause to all registered owners of
the property at the addresses 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:
A. Approve the immediate abatement of the hazardous situation located at 11.40-42 45`''
Avenue N.E.
5. That al l 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
8.2o6(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1140-42 45"' 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.
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.
104
ORDER OF COUNCIL
1 a The property located at 1140-42 45`h Avenue N.E. constitutes a nuisance pursuant to City
Codee
2m That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this I O`" day of August 2009
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
105
RESOLUTION 2009-112
Resolution of the City Council. for the City of Columbia Heights declaring the property a nuisance
and. approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned. by Mortgage Electronic Registration Systems (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4901 5`" Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on July 20, 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 F
1. That on June 18, 2009 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 .luly 20, 2009 inspectors reinspected the property listed above. Inspectors noted that
one violation remained uncorrected. A compliance order and statement of cause was mailed
via regular mail to the owner listed in the property records.
3. That on July 31, 2009 inspectors reinspected the property and found that one violation
remained uncorrected.
4. 'hhat based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Per City Forester. Shall remove entire dead tree in front yard. Removal shall include
the stump to be 4-6inches below grade.
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 4901 5`" Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2, That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
106
ORDER OF COUNCIL
L The property Located at 4901 St" Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this 10`" day of August 2009
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
107
RESOLUTION 2009-113
Resolution ofthe 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 ECM Mortgage Corporation (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4509 Fillmore Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on July 15, 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 July 15, 2009 the Fire Department responded to a complaint at the address listed
above. Inspectors found the structure unsecured and vacant/abandoned. The Fire Chief
declared the building a nuisance in accordance with City Code and ordered an immediate
abatement and that the building be secured. The property is on the City's abandoned
property list. The Fire Chief ordered DuAll Services to responded to the scene and secure
the building with plywood.
2. That on July 15, 2009 DuAll Services responeded to the address and secured the building to
prevent unauthorized access to the building.
3. That on July 15, 2009 the Fire Department sent statement of cause to all registered owners of
the property at the addresses 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:
A. Approve the immediate abatement of the hazardous situation located at 4509
Fillmore 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).
CLUSIONS OF COUNCIL
1, That the property located at 4509 Fillmore Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
108
ORDER OF COUNCIL
I a The property located at 4509 Fillmore Street N.E. constitutes a nuisance pursuant to City
Code,
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this 10`x` day of August 2009
Offered bye
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CHIC
City Clerk
109
RESOLUTION 2009-114
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 William T. Wall (Hereinafter "Owner of Record").
Whereas, the owner of record is the Legal owner of the real property located at 4648 Polk Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained. herein was sent
via regular mail to the owner of record on July 21, 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 July 21, 2009 the Fire Department responded to a complaint at the address listed
above. Inspectors found. the structure unsecured and vacant/abandoned. The Fire Chief
declared the building a nuisance in accordance with City Code and ordered an immediate
abatement and that the building be secured. The property is on the City's abandoned
property list. The Fire Chief ordered DuAll Services to responded to the scene and secure
the building with plywood.
2. That on July 21, 2009 DuAll Services responeded to the address and secured the building to
prevent unauthorized access to the building.
3. That on July 21, 2009 the Fire Department sent statement of cause to all registered owners of
the property at the addresses 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:
A. Approve the immediate abatement of the hazardous situation located at 4648 Polk
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
That the property located at 4648 Polk Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2~ That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
110
ORDER OF COUNCIL
1. The property located at 4648 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this I Ot" day of August 2009
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk.
111
CITY COUNCIL LETTER
Meeting of August 10, 2009
AGENDA SECTION: I'ublie Hearings ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:.
ITEM: First Reading: Ordinance 1568 re:
BY: Scott Nadeau ~.
BY: ~''
NO. Repeat Nuisance Catl Service Fee DATE: August 3, 2009 DATE:
BACKGROUND
City Attorney James Hoeft and I presented a draft of a Repeat Nuisance Cai1s for Service ordinance at
the City Council Woric Session of .Tune 1, 2009. At that time, direction was given to research the fees
relating to violations of this ordinance. At the City Council Work Session of July 6, 2009, I presented
information on a municipality of a similar size that has a similar ordinance. The City of Robbinsdale is
presently charging $250 for each call starting with the third nuisance call to a property, plus additional
fees far excess costs.
ANALYSIS/CONCLUSION
It is the Police Department's desire to pursue enactment of this ordinance in an effort to reduce repeat
nuisance calls for service. Further, it is our recommendation that the fees being charged in Robbinsdaie,
$250 for each call starting with the third nuisance call to a property, plus additional fees far excess costs,
be added to the City fee schedule.
RECOMMENDED MOTION
Move to waive the reading of Ordinance No. 1568, there being ample copies available to the public.
Move to set the second reading of Ordinance No. 1568 for Monday, August 24, 2009 in the City Council
Chambers.
kao
COUNCIL ACTION:
112
ORDINANCE NO. 1568
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005
RELATING TO REPEAT NUISANCE CALL SERVICE FEE
Chapter 8 of the Columbia Heights City Code wilt be amended to include the following:
ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE
Section
8.801 Purpose
8.802 Scope and application
8.803 Definitions
8.804 Repeat nuisance service call fee
8.805 Notice
8.806 Right to appeal
8.807 Legal. remedaes nonexclusive
8.808 Applicability of repeat nuisance service call fee
$.809 Recovery of fee
~ 8.801 PURPOSE.
The purpose of this section is to protect the public safety, health and welfare and to
prevent arld abate repeat service response calls by the City to the same property or location for
nuisance service calls, as defined herein, which prevent police or public safety services to other
residents of the City. It i s the intent of the City by the adoption of this Section to impose and
collect service call fees from the aw~l:er or occupant, or bath, of property to which City officials
must repeatedly respond for any repeat nuisance event or activity that generates extraordinary
costs to the City. The repeat nuisance service call fee is intended to cover that cost over and
above the cost ofpraviding normal law or code enforcement services and police protection city-
wide.
§ 8.802 SCOPE AND APPLICATION.
This Section applies to all owners and occupants of private property which is the subject
ar location of the repeat nuisance service call by the City. This Section applies to any repeat
nuisance service calls made by a City of Columbia Heights peace officer, part-time peace officer,
commuiuty service officer, animal control and/or code enforcement officers.
113
§ 8,803 DEFINITIONS,
Por purposes of this Section, the term "nuisance misconduct" means any activity,
conduct, ar condition occurring upon private property within the City that unreasonably annoys,
injures, or endangers the safety, health, morals, comfort or repose of any member of the public;
ar will, ar tend to, alarm, anger ar disturb others or provoke breach of the peace, to which the
City is required to respond, including, but not limited to the following:
(A} Any activity, conduct, ar condition deemed as a public nuisance under any provision
of the City Cade;
(B) Any activity, conduct, or condition in violation of Minnesota State Statute G09.33;
(C) Any conduct, activity or condition constituting a violation of any Minnesota state law
prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or
(D} Any conduct, activity, or condition constituting disorderly conduct under Chapter
609 of Minnesota Statutes.
§ 8.804 REPEAT NUISANCE SERVICE CALL FEE.
(A} The City nay impose a repeat nuisance service call fee upon the owner and/or
occupant of a private property if the City has rendered services or responded to the property an
three or mare occasions within a period of 365 days in response to ar for the abatement of
nuisance conduct.
(B) The repeat nuisance service call fee will be set Earth in a resolution approved by the
City Council. An additional amount maybe imposed to reflect the salaries of police officers,
community service officers, animal control and/or code enforcement officers while responding to
or remaining at the nuisance event, the pro rata cost of equipment, the cast of repairing city
equipment and property damaged as a result of the nuisance call, and the cost of any medical
treatment of injured officers.
(C) A repeat nuisance service call fee imposed under this Section will be deemed
delinquent if it is not paid within. 30 days after the City mails the billing statement for the fee.
The City will add a ten percent late penalty to a delinquent payment.
§ 8,805 NOTICE.
(A} No repeat nuisance service call fee maybe imposed against an owner or occupant of
property without first providing the owner or occupant with written native of the two previous
nuisance service calls which are the basis for the fee. The written notice must:
(1) Identify the nuisance conduct that previously occurred on the property, and the
dates of the previous nuisance conduct; and
2
114
(2) State that the owner or occupant maybe subject to a nuisance call service fee
if a third nuisance service call is rendered to the property for any further nuisance
conduct; and
(3) State that the City has the right to seek other legal remedies or actions for
abatement of the nuisance or compliance with the law; and
(4) Be served personally; by U.S. Mail upon the owner ar occupant at the last
known address; or by posting the subject property.
§ 8.$OG RIGHT TO APPEAL.
(A) When the City mails the billing statement for the xepeat nuisance service call fee, the
City will inform the owner ar occupant of theix right to request a hearing.
{B) The owner or occupant upon whom the fee is imposed must request a hearing within
ten (10) business days of the mailing of the billing statement, excluding the day the statement is
mailed. The request for a hearing must be in writing and delivered to the City Clerk. The
hearing will occur within thirty (30) days of the date of the request. If the owner or occupant
fails to request a hearing within the time and in the manner required under this Section, the right
to a hearing is waived.
(C} Tlae hearing will be conducted by the City Council in an informal manner. The
Mimaesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After
considering all evidence submitted, the City Council will make written Findings of Fact and
Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service
fee. The City Council will serve the Findings of Fact and Conclusions upon the owner ar
occupant by U.S. Mail within ten (10) days of the hearing.
{D) If the owner or occupant fails to appear at the scheduled hearing date, the right to a
hearing is waived.
(E} Upon waiver of the right to a hearing under subdivision (2} ar (4} or upon service of
the City Council's Findings of Fact and Conclusions that the repeat nuisance call service fee is
warranted, floe owne~° or occupant must pay the fee imposed within ten (10) days.
§ 8.807 LEGAL REMEDIES NONEXCLUSIVE.
Nothing in this Section will be construed to limit the City's other available Legal
remedies, including criminal, civil, injunctive or others, for any violation of the law.
§ 8.8U8 APPLICABIILTY QF REPEAT NUISANCE SERVICE CALL FEE.
The City may not impose a repeat nuisance service call fee against an owner or occupant
for a police response relating to emergency assistance, including, but not limited to, domestic
spousal and child abuse.
3
115
~ 8.809 RECOVERY OF FEE.
(A} If a repeat nuisance service call fee remains unpaid thirty (30} days after the billing
statement is sent by the City, it shall constitute:
(1) a lien on the real property where the violation occurred; or
(2} a personal obligation of the owner or occupant in all other situations.
(B) A lief inay be assessed against the property and collected in the same manner as
taxes.
(C) A personal obligation may be collected by appropriate legal means.
This ordinance sha11 be in full force and effect from and after 30 days after its passage.
First Reading:
Second. Reading:
Date of Passage:
Offered by:
Seconded by:
Roil Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
4
116
CITY COUNCIL LETTER
Meeting ofAugust 14, 2409
AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT CITY MANAGER
NO, POLICE APPROVAL:
ITEM: First Reading: Ordinance 1569 re: BY: Scott Nadea BY: ~w
~
NO. Weapons (Facsimile Firearms) DATE; August 3, 2009 DATE: `
BACKGROUND
At the City Council Work Session of June 1, 2049, I presented a draft of a proposed ordinance that
would define and prohibit facsimile firearms. The current ordinance does not adequately address this
issue. The proposed ordinance reads, in part, "Facsimile firearm means any abject which is a replica of
an actual firearm, which substantially duplicates an actual firearm, ar which could reasonably be
perceived to be an actual firearm." Facsimile firearms can sa closely resemble an actual f~earm that a
police officer would not be able to determine the difference, thus increasing the likelihood of the use of
force by an officer in a situation where an individual is brandishing a facsimile firearm.
ANALYSIS/CONCLUSION
It is the Police Department's recommendation that this ordinance be enacted in order to prohibit persons
from carrying facsimile firearms on their person ar in their vehicle in the City of Columbia Heights.
RECOMIYIENDED MOTION
Move Co waive the reading of Ordinance No. 1569, there being ample copies available to the public.
Move to set the second reading of Ordinance No. 1569 for Monday, August 24, 2449 in the City Council
Chambers.
kao
COUNCIL ACTION:
117
®RDINANCE N+~. 1569
BEING AN ORDINANCE AMENDING ORDINANCE NO 1490, CITY CODE OF 2005, RELATING
TO WEAPONS
The City of Columbia Heights does ordain:
Chapter 10, Article III, Section 307 of the Columbia Heights City Code, which currently reads to wit:
§ 10.347 WEAPONS.
(A} A fireai•~n is any weapon from which maybe fired or ejected one or more solid projectiles by
means of a cartridge or shell by the action of an explosive ar the ignition of flammable ar explosive
substances. Firearms also include any weapons far which the said propelling force is a spring, elastic
band, carbon dioxide, air, ar any gas or vapor. Firearms shall include all shotguns, rifles and other
Iongguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a
stud ar nail gun commonly used in the construction industry or children's popguns or toys.
(B) No person, except a regular peace officer in the performance of his duties, shall use, fire or
discharge a fzrea~•m, as defined herein, within the city.
(C} The Golun~bia Heights Police Department may impound any weapon which is used in
violation of divisions (A} or (B), or M.S. § 609.64, as it may be amended from time to time, which
comes into its possession as lost and found property, or wlxich otherwise comes legally into its
possession.
(D) The weapon maybe surrendered to the rightful owner upon such owner furnishing proof of
ownership and providing that no charges are pending against the rightful owner arising from the
possession ar use of that weapon and providing that the rightful owner is otherwise entitled to the return
of the said weapon.
(E) Any weapon impounded by the city and which remains unclaimed by the owner for a period of
40 days maybe sold or otherwise disposed of as approved by the City Council following 10 days
published notice in the legal newspaper ofthe city prior to such sale ar other disposal.
(F} All proceeds realized from the sale or disposal of impounded weapons shall either be deposited
in the general fund of the city, or, if approved by the City Council, traded for other equipment for the
Police Department. Upon furnishing proof of ownership of a weapon which has been sold or otherwise
disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds
received from the sale of that weapon at the sale. If the weapon has been traded and a valid claim is
made pursuant to this section, the city shall reimburse the owner of the weapon in an amount equal to
the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder
shall be made from. the general fund. Provided, that no such owner may recover ar bring any action to
recover such payment unless such owner does so within a period of six months following the date of sale
of the weapon.
('77 Code, ~ 10.307} (Ama Ord. 1004, passed 10-25-82} Penalty, see § 10.401
Is hereby amended to read as follows:
118
§ 10.307 WE.A.PONS.
A. A firearm is any weapon from which maybe fired or ejected one or more solid projectiles
by means of a cartridge or shell by the action of an explosive ar the ignition of flammable or explosive
substances. Firearms also include any weapons for which the said propelling force is a spring, elastic
band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other
langguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a
stud or nail gun commonly used in the construction industry ar children's popguns or toys.
B, No person, except a regular peace off cer in the performance of his duties, shall use, fire
or discharge a firearm, as defined herein, within the city.
C. Facsimile firearm means any object which is a replica of an actual firearm, which
substantially duplicates an actual firearm, or which could reasonably be perceived to be an actual
firearm, unless:
(1) The entire exterior surface of such object is colored white, bright red, bright orange, bright
yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color
in combination with other colors in any pattern; or such object is constructed entirely of transparent or
translucent materials which permits unmistakable observation of the firearm's complete contents; and
(2) Such object shall have as an integral part, permanently affixed, a blaze orange extension that
extends at least six (6) millimeters from the muzzle end of the barrel of such object; and
(3) Such object does not have attached thereto a laser pointer.
44Facsimile firearm" does not include any actual firearm as otherwise regulated by the terms afthis Code
ar the Minnesota Statutes.
D. It shall be unlawful for any person within the city to carry on or about his person in a
public place or transport in any vehicle in any public place any weapon ar facsimile firearm, except the
transportation of any weapon or facsimile firearm in or upon any motor vehicle in a secured container ar
in the locked trci.clc of such vehicle.
The provisions of this section shall not be applicable to the transport of weapons or facsimile firearms
by persons who are regularly engaged in the lawful manufacture, distribution ar sale at retail or
wholesale of weapons or facsimile firearms, ar the agents of any of them while engaged in such
business; to the carrying or transport of weapons or facsimile firearms by licensed, full-time peace
officers, law enforcement officers or military personnel while in the course of their duties; to persons
balding a permit to carry a firearm acting within the scope of such permits; to any officer of a state adult
correctional facility when on guard duty or otherwise engaged in an assigned duty.
E. The Columbia Heights Police Department may impound any weapon which is used in
violation of divisions {A) or (B), or M.S. §60999, as it may be amended froze time to time, which
comes into its possession as lost and found property, or which otherwise comes legally into its
possession.
2
119
F. The weapon may be surrendered to the rightful owner upon such owner furnishing proof
of ownership and providing that no charges are pending against the rightful owner arising from the
possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return
of the said weapon.
G. Any weapon impounded by the city and which remains unclaimed by the owner of a
period of GO days maybe said ar otherwise disposed of as approved by the City Council following 10
days published notice in the legal newspaper of the city prior to such sale or other disposal.
H. All proceeds realized from the sale or disposal of impounded weapons shall either be
deposited in the general fund of the city, or, if approved by the City Council, traded for other equipment
for the Police Department. Upon furnishing proof of ownership of a weapon which has been sold or
otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to
tl~e proceeds received from the sale of that weapon at the sale. If the weapon has been traded and a valid
claim is made pursuant to this section, the city shall reimburse the owner of the weapon in an amount
equal to the fair market value of the said weapon at the time of the trade. Any payments recovered
hereunder shall be made from the general fund. Provided, that no such owner may recover or bring any
action to recover such payment unless such owner does so within a period of six months following the
date of the sale of the weapon. ('77 Code, § 10.307) (Am. Ord. 1006, passed 10-25-82) Penalty, see
§ 10.401
This ordinance shall be in full farce and effect from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Cleric
3
X20
CITY COUNCIL LETTER
Meeting of 8/10/09
AGENDA SECTION: OTHER BUSINESS
NO:
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
BY:
~~
DATE.
TTEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K. Hansen
THE 49TH AVENUE PEDESTRIAN BRIDGE -FINAL DATE: 8/5/09
DESIGN
Background:
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 or August of 2009, or later, and $2,520,000 through the Federal Stimulus or ARRA
Funds, which should be Federally authorized in August of 2009.
The City has prepared an engineering scoping report detailing concept layouts, approach types, bridge types
and Right-of--Way (ROW) needs. The City has initiated land acquisition process to meet the State anal
Federal requirements for necessary permanent and temporary ROW. Timing is critical for the type of
funding directed toward the bridge. The State ARRA Funding Program requires project delivery by
November 13th of this year.
.Analysis/Conclusions:
As previously detailed in the Project Scoping Study, the nett steps will involve:
^ ROW /Appraisals (120 - 150 days, Federal & State process) -currently in progress.
^ Engineer Selection: (~90 day design) -August 10`h, 2009.
^ Consulting Engineer:
o Public Involvement /Review
o Selection of Bridge Type
o Selection of Aesthetic Treatments
o Final Design.
o MnDOT Submittals /Approvals (by November 13`h, 2009)
o Public Bidding: Dec/Jan 2010
o Construction: Summer 2010
Staff prepared RFP's for professional services, copies of which are attached. RFP's were sent to five
engineering firms and four proposals were received on Thursday July 30`", 2009. Attached is a ranking grid
of the proposals received. While the firm of Bonestroo ranks the highest in terms of proposal review, the
firm of SRF gave the lowest cost for the work at $127,991. Typically for a Federal Aid project, project
development costs through bidding will be in the 7-10 percent range of construction costs. The City
completed some of the preliminary work earlier with concept layouts and the Project Memorandum.
Proposals ranged from a high of $211,888 from WSB to a low of $].27,991. from SRF. All of the proposals
COUNCIL ACTION:
121
CITY COUNCIL LETTER
Meeting of: 8/10/09
AGENDA SECTION: OTHER BUSINESS
NO:
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
ITEM: PROFESSIONAL SERVICES AGREEMENT FOR BY: K Hansen
THE 49T"AVENUE PEDESTRIAN BRIDGE -FINAL DATE: 8/5/09
DESIGN
BY:
DATE:
met the requirements of the RFP. Bonestroo, who had worked on all of the preliminary work to date,
submitted a proposal in the amount of $190,300. The second low bidder, Kimley-Horn provided a bid. in the
amount of $139,000. Kimley-Horn's proposal excluded design of utility relocations, bridge lighting, agency
permitting and plan/addenda preparation, so their fee to complete the work would be higher. SRF has
completed several pedestrian bridges in the Metro area, and is currently working on a steel truss design for
the Three Rivers Park District. SRF proposal represents a fee of 5.1 % through the bidding stage.
Funding will be provided through the City's Municipal State-Aid fund, which staff is estimating to fund
approximately 15 percent of the total project cost.
Recommended Motiion: Move to accept the proposal from SRF in the amount of $127,991, for the final
design services and furthermore, authorize the Mayor and City Manager to enter into an agreement for the
same.
KH:kh
Attachment(s): Final Design RFP
Ranking Grid
COUNCIL ACTION:
122
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REQUEST FOR PROFESSIONAL SERVICES
COLUMBIA HEIGHTS, MINNESOTA
GATEWAY PEDESTRIAN BRIDGE at 49TH Avenue and TH 65:
PRELIMINARY AND FINAL DESIGN
I. GENERAL REQUII2EMENTS
Interested firms should submit their proposal no later than 12:00 P.M. on July 30t", 2009 to
the Director of Public Works, 637 38th Ave. N.E., Columbia Heights, MN 55421.
In submitting a proposal to provide the required services, the following is required in order
to expedite the review process by the representatives of the City.
1. The length of the proposal should not exceed ten (10) pages, excluding figures,
resumes of personnel, firm experience, qualifications, site plans, etc.
2. The proposal should not contain non-applicable promotional materials and should
address only the points requested in this document, including proposed time schedule to
complete the work and associated fees. If requested elsewhere in this RFP, provide
separate schedules and fees for separate sections of work.
3. A schedule of the most current billing rates for individuals involved; this must
include a total cost to complete the work in the specified time frame. Provide alternate
costs where requested.
4. Ten (10) copies of the proposal should be addressed to the Director of Public
Works/City Engineer, 637 38th Ave. N.E., Columbia Heights, Minnesota, 55421, to be
received by 12:00 P.M. July 30`", 2009.
5. If the firm is proposing to use subconsultants, the subconsultant should be identified
along with how the work will be divided.
6. The City of Columbia Heights reserves the right to reject any proposal that does not
comply with the requirements of this R.F.P.
7. The City Council will consider the proposals at their regularly scheduled meeting on
August 10`", 2009.
II. BACKGROUND
Over the last several years, the City has sought funding to replace the pedestrian bridge over TH 65
on 49t" Avenue (CSAH 4). The bridge provides a key link over a high traffic route (30,000 vehicle
per day), to destination including ISD I3 schools (4}, parks and retail sites. The City has been
awarded Federal funding through the ARRA in the amount of $2,520,000 and through TCSP funds
in the amount of $475,000 appropriated through Congressman Keith Ellison's office for the bridge
reconstruction.
A new structure would replace an existing pedestrian /bicycle bridge built in 1.970 that is not ADA
compliant. The City has completed preliminary work on the bridge inchiding a Project
Memorandum, Concept bridge designs and preliminary layouts. Based on the preliminary layouts,
permanent and temporary easements will be required. The City has contracted with Evergreen Land
Services for ROW acquisition services, with appraisals and review appraisals currently completed
for the two affected parcels.
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Page 2 of 6
The City views this project as a unique opportunity to create a gateway to the community, with
aesthetics as a key goal in the design process. A switchback type has been selected for the west
approach, and either a spiral or mirror switchback will be selected in early August following public
review and input. Other key project goals are meeting ADA requirements, creating a design meeting
council design consideration initiatives and consistency with the City Archtectural Design
guidelines for the Central Avenue Corridor.
III. SCOPE OF SERVICES
1. Project Management
Coordinate the completion of the preliminary and final design tasks with City staff including the
following:
• Monitor the project status and budget and. allocate the required resources to complete the
various tasks required by the project.
• Prepare monthly status updates and invoices.
• Attend up to four (4) coordination meetings with City staff and/or MnDOT.
• Prepare for and attend two City Council workshops for design review and input (preliminary
and final design).
Deliverables
• Monthly invoices.
• Meeting agendas and minutes.
2. Coordination Activities
• Coordinate soil borings activities, contracted separately by the City.
• Provide apre-demolition hazardous material survey.
• Coordinate with land acquisition consultant, contracted separately by the City.
• Coordinate utility relocation (see attached memo from CenterPointe Energy)
• Coordinate public utility relocations including the City and ISD 13 (fiber optic)
• Coordinate Metro Transit bus stop /routing
• Coordinate with MnDOT Federal and State Aid departments.
• Coordinate with ISD I3 bus and pedestrian access.
• Coordinate local business access impacts.
3. Preliminary Design
Complete the following preliminary Design tasks for the project:
• Coordinate a topographic survey of the project area to determine existing conditions and
verify the existing right-of--way in the project area (survey conducted by the City).
• Gather existing public and private utility mapping for the project area. Request field locates
for the existing utilities and coordinate field surveying to accurately map the existing
utilities for plans (survey conducted by the City).
• Coordinate geotechnical activities for the project and designate soil borings requirements.
The City will contract Geotechnical consulting separately.
• Coordinate review by Anoka County as it relates to 49`" Avenue (CSAH 4).
• Prepare preliminary cost estimates including aesthetic amenities.
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RFP -- GATEWAY PEDESTRIAN BRIDGE at 49`" Avenue and TH 65
Page 3 of 6
• Prepare and submit preliminary bridge plans in accordance with Mn/DOT requirements and
standards.
Deliverables
• Preliminary bridge design submittal to MnDOT
• Preliminary cost estimate to the City of Columbia Heights
4. Final Design
• Prepare final design plans based upon preliminary comments from MnDOT.
• Attend one Council workshop /public meeting for input consideration in final design.
• Submit final design package in accordance with Mn/DOT requirements.
• Design review /revisions /signatures
• ARRA Submittal Package deadline -November 13t", 2009
• Prepare bidding package -plans and specifications -Jan 2010.
• Bid tabulation and recommendation to City Council -Feb 2010.
l~eliverahles
• Final bridge design submittal to MnDOT
• Engineer's estimate of cost to the City of Columbia Heights
5. Information Provided By City
Assume that the City will provide the following information:
• Available as-built drawings and/or engineering plans for project area including original
bridge plans (SP 0207-27, Bridge 02021, dated 6/3/70).
• Any available aerial photography or topographic mapping.
• Topographic survey with point data provided in compatible format.
• Additional survey points as requested by the Consultant.
• Preliminary engineering report prepared and accepted by the City in May 2009.
• Project Memorandum accepted by MnDOT July, 2009
6. Department Contacts
Prospective responders who may have questions regarding this Request for Proposals may
call or write:
Kevin Hansen, Director of Public Works/City Engineer
City of Columbia Heights
637 38`" Avenue NE
Columbia Heights, MN 55421
(763) 706-3705
(763) 706-3701 Fax
Kevin.Hansen@ci.columbia-heights.mn.us
7. Project Timelines
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RFP --GATEWAY PEDESTRIAN BRIDGE at 49'h Avenue and TH 65
Page 4 of 6
City staff intends on having the evaluation and initial selection of the consultant completed by
August 3`d, 2009 for Council review and presenting a final recommendation to the City Council
at their August l 0`h, 2009 regular meeting.
IV. PROPOSAL CONTENTS
Project Approach
Should reflect the firm's understanding of the requirements of the project and. present
a task-by-task description of the work to be accomplished. Merely restating the
scope of services will not be acceptable.
2. Schedule
Should include a schedule depicting the task activities, their inter-relationships, and
the projected completion dates. It should also contain a discussion of the firm's total
staffing and its procedures for maintaining schedule compliance in the event of
unforeseen delays or other such circumstances.
3, Project Personnel
Should outline the general responsibilities of the firms to be involved if more than
one. Should also contain the names of personnel with key responsibilities for the
work and a description of their rote and duties for this job. It must also include an
organizational chart for these people, delineating responsibilities and showing lines
of authority and communication. It should also contain biographical resumes of
these individuals with emphasis on their background on comparable projects and
similar roles to those proposed for this project.
4. Relevant Experience
Should discuss demonstrated experience of firm and project team with studies of
similar scope and magnitude to the proposed study. An outline of the responder's
background and experience with particular emphasis on state and local level of
government work. Identify personnel to conduct the project and detail their training
and work experience. No change in personnel assigned to the project will. be
permitted without approval of the City. Provide a minimum of three (3) examples of
same or similar bridge projects completed. by the responder's firm or project team
personnel.
5. Performance
A detailed work plan identifying the work tasks to be accomplished and the budget
hours to be expended on each task and subtask. This work plan will be used as a
scheduling and managing tool by the City and will serve as the basis for invoicing.
The work plan shall also identify the deliverables at key milestones in the project
and shall indicate the level of City participation in the project as well as any other
services to be provided by the City. The City staff intends to be actively involved
with the project, and a minimum of three (3) status meetings are be contained in the
work plan in addition to any data collection or input/review meetings. Two City
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RFP -- GATEWAY PEDESTRIAN BRIDGE at 49`h Avenue and TH 65
Page S of 6
Council meetings may also be required: a work session and presentation at a regular
council meeting.
6~ References
Should contain references that may be contacted for the similar projects discussed in
the Experience and Performance Sections. A listing of the names, addresses and
telephone numbers of at least three (3) references for which the respondent has
performed similar work in the last five years.
7. Schedule of Rates and Charges
Should contain a schedule of hourly billing rates for each category of professional,
technical and clerical employee. Specifically, provide an hourly rate for each
employee who may be involved in this project. Also, include rates of miscellaneous
charges, such as copies, mileage, etc.
Provide a total cost for preliminary and final design services through the bidding
stage, using a steel truss type and switchback approaches as the design base bid.
Provide an alternate cost if a prestressed concrete girder with inset deck is selected
as the bridge type. Provide a second alternate cost if a spiral approach is selected for
the east approach type.
84 Benefits to Columbia HeiPhts
All things considered, summarize why you believe the City of Columbia Heights
should retain your firm to perform this project.
V. EVALUATION CRITERIA AND SELECTION PROCEDURES
Proposals will be evaluated on the following criteria:
Demonstrated understanding of the requirements of this project and the concerns of
the City of Columbia Heights.
Relevance and suitability of the overall project approach and schedule.
Detail, scope and program for the work.
Total estimated cost of the project and Rate schedule submitted.
Qualifications and expertise of the key personnel to be assigned and their proven ability to
work together as a team on similar projects.
Experience of the firm and project team in conducting similar work.
Record of past performance on similar projects.
Comments and opinions provided by references.
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RFP -GATEWAY PEDESTRIAN BRIDGE at 49th Avenue and TH 65
Page 6 of 6
Resources of the firm to conduct and complete this project in a satisfactory manner. Factors
to be considered include size of the firm, current workload, and ability and willingness to
commit key personnel.
Clarity, conciseness and organization of the proposal.
VI. Limitations, Terms and Conditions
This Request for Proposal does not commit the City of Columbia Heights to award a contract, pay costs
incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of
Columbia Heights reserves the right to accept or reject any or all proposals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirety this Request for Proposal if it is
in the best interest of the City of Columbia Heights to do so. If, for any reason, the firm selected is not able
to commence services under its proposal within 20 days after its award, the City reserves the right to award
the contract to the next most qualified firm. The City will retain ownership of all reports, site plans or other
submittals prepared under the proposal. This proposal will be the only submittal for firm selection.
Interviews are not proposed as a selection criterion. The firm that the City believes to be the best qualified
based on the criteria above will be invited to enter into a contract to perform this project. if you have any
questions, please contact me at 763/706-3705.
Yours truly,
Kevin R. Hansen, PE
Public Works Director/City Engineer
KH: kh
129
CITY COUNCIL LETTER
Meeting of: 8/10/09
AGENDA SECTION: WORK SESSION
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
DATE:
ITEM: PURCHASE AGREEMENT FOR THE PROPERTY BY: K. Hansen
ACQUISITION OF 675 37T" AVENUE, OWNED BY DATE: 8/6/09
HILLTOP TRAILER SALES
Background: The property located at 675 37`" Avenue is owned by Hilltop Trailer Sales. It is open, vacant
land with no improved or permanent buildings on the site. In 2006, the property ceased being used for trailer
storage. The owners of Hilltop Trailer Sales approached Public Works in 2005 and again in 2007 to
determine an interest in the potential acquisition of the property. Staff discussed acquiring this property
under a contract for c%ed type purchase with the council on January 5`", 2009, and was directed to negotiate
further on the terms of the purchase, and then again on May 11`", 2009. The terms were reworked by
reducing the sale price down to $580,000 and the interest rate down to 5.5 percent fora 5-year contract for
deed.
Analysis/Conclusions: The attached map shows the size of the rectangular
property at 78,000 square feet or 1.8 acres with existing topography. The entire parcel is enclosed with a
chain link fence with access on to Madison Place. The parcel surface is a combination of gravel and turf.
Public Works proposed uses for tale parcel identifying the following municipal needs and as shown on the
attached layout:
• Storm water ponding to meet NPDES Phase II requirements for Industrial -Municipal
operations -requirements to be met in I-3 years.
• Covered storage for mixed salt/sand. storage (now stored in the open) -enough for one
season's use. City currently uses 700 ton per year average, salt.
• Materials storage such as for water main breaks excavations, asphalt, concrete, wood chips
and other Public Works excavations (currently being stored on other City owned land -City
Parks and formerly NEl).
• Materials l Excavations storage for the annual water main cleaning and lining project and
other construction projects.
• Snow storage for snow removal operations.
• Reserve Future Use (land lease or other)
The owners of Hilltop Trailer sales approached the City prior to selling the parcel to other users. The
property is now half leased by a trucking company for short and long term storage oftractor-trailers and for
short-term storage of automobiles. A cursory appraisal (estimate of value) was prepared by Watson
Appraisal that estimates the value at $558,750. Tl1e value is in the range that the owners indicated they were
COUNCIL ACTION:
130
CITY COUNCIL LETTER
Meeting of: 8/10/09
AGENDA SECTION: WORK SESSION ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: PURCHASE AGREEMENT FOR THE PROPERTY BY: K. Hansen BY:
ACQUISITION OF 675 37TH AVENUE, OWNED BY DATE: 8/6/09 DATE:
HILLTOP TRAILER SALES
looking at obtaining for the property at $600,000.
Continued -Page 2
Staff (City Attorney and Engineering) negotiated with the owners and the negotiated purchase price is at
$580,000, firm from the owners. The owners were not interested in a cash sale so the agreement reflects a
down payment of $99,000 and the balance to paid over afive-year period. The closing date is tentatively set
for May 31S` of 2010. Staff has established. $100,000 in the 2009 Central Garage fund for the down payment
in 2009, leaving a balance of $480,000 for the 5-year term. The monthly cost is $9,164.84 for the contract
term.
Funding: Staff is recommending several funding sources to fund the land acquisition. The primary funding
source for the acquisition is the annual revenue derived from the recently completed Verizon cell tower at the
Municipal Service Center, currently generating $21,000 per year, with 3% annual adjustments. For 2010, staff
has established (budget request} of $44,000 in the Public Works Departmental budgets, which will fund the
remainder 2010-year balance. Another revenue source recommended by staff is the Stinson Water Tower
Antennae revenue, currently generating $28,285 annually. In addition to the Public Works cell tower revenue (2),
a fourth revenue source would be the continuation of leasing approximately 40% of the land area for the
agreement term period for storage type use, or haw the property is currently being used. Staff estimates that this
type of lease would generate $21,600 - 26,400 annually (currently at $2,200 monthly).
Recommended Motion: Move to authorize the Mayor and City Manager enter into a purchase acquisition -
5-year Contract for Deed agreement for the acquisition of 675 37`" Avenue, owned by Hilltop Trailer Sales.
Attachment: Contract for Deed
Site map (3)
KH:kh
COUNCIL ACTION:
131
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is made and entered into this day of July, 2009, by and
between J.R. Properties, a Minnesota Partnership ("Seller"), and The City of Columbia Heights,
a Minnesota municipal corporation ("Buyer").
ARTICLE 1
PRaPERTY
1.1 Legal Descri tp ion - Subject to the terms, conditions, representations and
warranties set forth herein, Seller agrees to sell to Buyer, and Buyer agrees to purchase from
Seller, property located at 675 37`" Avenue NE in the City of Columbia Heights, County of
Anoka, State of Minnesota, legally described on Exhibit A attached. hereto and incorporated
herein by reference and all hereditaments, easements and appurtenances thereto belonging or in
any way appertaining (the "Property").
ARTICLE 2
PURCHASE PRICE
2.1 Purchase Price -Buyer, in consideration of the mutual covenants and agreements
contained herein, hereby agrees to pay to Seller as the purchase price for the Property the sum of
Five Hundred Eighty Thousand Dollars ($80,000.00} (the "Purchase Price").
2.2 Payment of Purchase Price -The Purchase Price shall be paid by Buyer to Seller
as follows:
a. $1,000.00 earnest money (the "Earnest Money"} by Buyer's check to be placed in
an interest-bearing escrow account (the "Escrow Account") with Title (as
hereinafter defined) (the ``Title") within two (2) business days after the Date (as
hereinafter defined). All interest accruing on the Earnest Money shall accrue
solely to the benefit of Buyer. Buyer and Seller shall each pay one-half of an
Escrow Fee, if any, charged by Title for its services in connection with
administering the Escrow Account.
b. $99,000.00 cash (the "Additional Earnest Money"), guaranteed funds or wire
transfer within two (2) business days after the expiration of the Inspection Period
(as hereinafter defined).
The balance of the Purchase Price, subject to prorations, adjustments and other
matters specified herein, shall be paid in accordance with the terms of a contract
for warranty deed to be signed by the parties hereto on the Closing Date, as
hereinafter defined (the "Contract for Deed"). The Contract for Deed is attached
hereto and incorporated herein by reference as Exhibit B.
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ARTICLE 3
TITLE EVIDENCE
3.1 Title Evidence - Within thirty (30) days of the Effective Date, Seller shall cause
to be delivered to Buyer, at Seller's expense, a commitment for an ALTA Form B 2006 Owner's
Title Insurance Policy, issued by a title company of Buyer's choice ("Title") (the
"Commitment"), properly certified, including proper searches covering bankruptcies, state and
federal tax liens, judgments, unpaid taxes, assessments and pending assessments, wherein Title
agrees to issue to Buyer upon the recording of the Contract for Deed and conveyance documents
an ALTA Form B 2006 Owner's Title Insurance Policy in the full amount of the Purchase Price.
Said policy shall insure Buyer's title to the Property herein described subject to:
(1) Building and zoning laws, ordinances, state and federal regulations;
(2) Utility and other easements of record which do not interfere with Buyer's
intended use of the Property;
(3) Any exceptions to title waived or approved by Buyer and
(4) The month-to month Lease by and between Jeff's Bobby and Steve's Auto
World commencing April 1, 2007("Lease"). The Lease shall be terminated
by the Seller on or before the Closing Date.
(collectively, the "Permitted Exceptions").
When the Commitment is delivered to Buyer, Title shall also deliver legible copies of any and all
exceptions identified in the Commitment.
3.2 Survev -Within. ten (10) days after the Effective Date, Seller shall cause to be
delivered to Buyer any survey of the Property in Seller's possession. Within forty-five (45) days
after delivery of the Commitment, Buyer may, at Buyer's sole cost and expense, obtain a current
ALTA/ASCM Land Title Survey of the Property from a surveyor selected by Buyer ("Survey"),
meeting Minimum Standard Detail Requirements for an Urban Survey (2005) prepared by a duly
licensed land surveyor in the State where the Property is located and containing a certification in
the form attached hereto as Exhibit C. On the Survey, all corners shall be properly staked or
marked with iron rods and all matters of record identified in the Commitment which affect the
Property shall be shown.
3.3 Title Evidence and Survey Review -Buyer shall have the duration of the
Inspection Period (hereinafter defined) to examine the Commitment and Survey and to notify
Seller of any objections thereto, specifically, defects or exceptions not herein agreed. to by Buyer
(the "Objections"). If Buyer fails to make any Objections to the exceptions to the title in writing
within the Inspection Period, such Objections shall be deemed waived and the parties shall
proceed to Closing.
133
If any Objections are so made, Seller shall be allowed sixty (60) days from receipt of
notice of such Objections to cause the exceptions to be removed. Seller agrees to use its best
reasonable efforts to promptly satisfy any such Objections. If such. defects are cured within said
sixty (60) day period, Buyer shall be notified in writing of the curing of the defects, in which
case the Closing Date shall be the later of the Closing Date specified in Article 9 or ten (10) days
after the notice of cure to Buyer. If such exceptions are not cured within sixty (60) days from the
date of Seller's receipt of the written Objections and Buyer does not waive the curing of the
defects, Buyer will have the option to do any of the following:
(1) Terminate this Agreement and receive a refund of the Earnest Money and the
interest accrued on the Earnest Money;
(2) Withhold from the Purchase Price an amount which, in the reasonable judgment
of Title, is sufficient to assure cure of the Objections. Any amount so withheld
will be placed in escrow with Title, pending such cure. If Seller does not cure
such Objections within ninety (90) days after such escrow is established, Buyer
may then cure such Objections and charge the costs of such cure (including
reasonable attorneys' fees) against the escrowed amount. If such escrow is
established, the parties agree to execute and deliver such documents as may be
reasonably required by Title, and Seller agrees to pay the charges of Title to
create and administer the escrow; or
(3) Waive the Objections and proceed to close.
ARTICLE 4
INSPECTION
4.1 Inspection Period - Buyer shall have sixty (60} days from receipt of the
Commitment to undertake an inspection and examination ("Inspection Period") of all aspects of
the Property, including but not limited to:
a. Physical Inspection -Buyer and its duly authorized. agents shall have the
right to inspect the physical condition of the Property, including, but not limited to
obtaining: (i) a soil and drainage test report by an engineer satisfactory to Buyer showing
that the soil condition of the Property is presently suitable for Buyer's intended use
without resort to extraordinary soil preparation procedures and (ii) a Phase 1
environmental assessment from an environmental engineer satisfactory to Buyer showing
that the Property is free of contamination from any hazardous waste, pollutants or
contaminants, the release and clean-up of which is regulated by any federal, state or local
governmental agency or entity. Buyer acknowledges that the Property is not and will not
be in compliance as of the date of Closing with Buyer's Ordinance Nos.SA-202K and
Chapter 9, Section I with respect to surface cover and holding ponds/drainage on the
Property. Buyer shall not take any action to enforce Ordinance Nos.SA-202K and
Chapter 9, Section I against Seller until this Agreement is closed or terminated pursuant
to the terms and conditions of this Agreement.
3
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b. Deliverxof Reports -Within ten (10) days after the Effective Date, Seller
shall deliver to Buyer for Buyer's use in review of the Property, all notices, approvals,
plans, specifications, surveys, engineering reports, soil studies reports, environmental
studies or assessments and similar documents in possession of Seller (whether prepared
by Seller, Seller's agents or independent contractors, any governmental authority or
agency, federal, state or local, or any other third party), or possession of which Seiler can
obtain through reasonable efforts, relating to the Property and its development. If Buyer
does not close hereunder, said documentation shall be returned to Seller.
c. Entrance onto Pro~ertX -Buyer and its duly authorized agents shall have
the right during the period from the date of this Agreement to Closing, to enter in and
upon the Property in order to make, at Buyer's expense, surveys, measurements, soils
tests and other tests as Buyer shall deem necessary. Buyer agrees to restore any resulting
damage to the Property and to indemnify, hold harmless and defend Seller from any and
all claims by third persons of any nature whatsoever arising from Buyer's right of entry
hereunder, including all actions, suits, proceedings, demands, assessments, costs,
expenses and attorneys' fees.
In the event Buyer, in its sole and absolute discretion, is not satisfied with the results of
the inspection and examination of the Property, Buyer shall have the right to terminate this
Agreement by giving written notice to Seller on or before the end of the Inspection Period. In
the event such notice is given, this Agreement shall automatically terminate and all rights,
obligations and liabilities of the parties hereunder shall terminate and be forever discharged,
except for those that specifically survive termination. Title shall return the Earnest Money to
Buyer upon such notice of termination. In the event Buyer does not provide such notice to Seller
within the prescribed time period, Buyer's right of termination under the terms of this paragraph
shall be deemed to have been waived and this Agreement shall remain in full force and effect.
ARTICLE 5
BUYER'S CONDITIONS PRECEDENT
5.1 Conditions Precedent -The obligation of Buyer to consummate the transactions
contemplated by this Agreement is expressly subject to satisfaction, as determined by Buyer in
its absolute discretion, of the conditions listed below (the "Conditions Precedent"). To the extent
such conditions are not met, as hereinafter provided, Buyer shall have the right to terminate this
Agreement, receive a refund of all Earnest Money, or alternatively to extend of to waiver such
conditions and proceed to Closing as hereinafter provided.
a. Title -Marketability of title to the Property has been established in
accordance with the provisions of this Agreement, subject only to the Permitted
Exceptions herein described..
b. Representations and Warranties -This Agreement is conditioned upon all
the representations and warranties made herein by Seller being true as and when made,
and true as of the Closing Date hereunder.
4
135
If any of the Conditions Precedent are not satisfied by the Closing Date, then Buyer, in
Buyer`s sole discretion, may declare this Agreement null and void and receive a refund. of all
Earnest Money paid hereunder, or, in the alternative, waive such Conditions Precedent and
proceed to Closing as if such Conditions Precedent are satisfied.
ARTICLE 6
SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES
6.1 Covenants, Representations and Warranties - To induce Buyer to enter into this
Agreement, Seller covenants, represents, warrants or agrees, as follows:
a. Marketable Title -Seller has good and marketable fee simple title interest
to the Property. As of the Closing Date, the Property will be free and clear of all liens,
security interests, all encumbrances, leases or other restrictions except the Permitted
Exceptions.
b. Intentionally omitted.
c. Delivery of Reports -Seller shall deliver to Buyer for Buyer's use in
review of the Property all plans, surveys, engineering reports, soils study reports,
environmental studies or assessments, meeting notes, notices or reports from
governmental authorities and. similar documents in possession of Seller, or possession of
which Seller can obtain through reasonable efforts, relating to Property in the time frame
provided in Article 3 and Article 4.
d. No Potential Liens -There has been no labor performed and no materials
furnished to the Property at Seller's request or direction by any person or persons, or any
other entities, within the past one hundred twenty (120) days for which payment has not
been made.
e. Leases and Other Interests - No portion of the Property is subject to any
option, purchase agreement or right of first refusal and no portion of the Property is
subject to any lease or other possessory interest which cannot be cancelled or otherwise
terminated on or before the Closing Date. As of Closing, Seiler shall have caused to have
all possessory interests cancelled and removed, such that at Closing Buyer shall have the
immediate and unlimited right to enter into possession of the Property without any
limitation or restrictions.
f. Hazardous Materials _Seller, to its actual knowledge: (i) has not received
notice from any federal, state, municipal agency or branch thereof stating that toxic or
hazardous substances or wastes, pollutants or contaminants (including, without
limitations, asbestos, urea formaldehyde, the group of organic compounds known as
polychlorinated. biphenyls, petrolewn products including gasoline, fuel oil, crude oil and
various constituents of such products, and any hazardous substance as defined in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), 42 UoS.C. § 9601..9657, as amended) have been generated, treated, stored,
136
released or disposed of, or otherwise placed, deposited in or located on the Property in
violation of applicable laws or regulations, (ii) has not caused any activity been
undertaken on the Property by Seller that would cause or contribute to the Property
becoming a treatment, storage or disposal facility within the meaning of, or otherwise
bring the Real Property within the ambit of, the Resource Conservation and Recovery Act
of 1976, ("RCRA"), 42 U.S.C. § 6901 et seq., or any similar state law or local ordinance,
except those uses which are incidental to and permitted or authorized with the use of the
Property as a new and used automobile sales and service facility, (iii) has not received
notice from any third party of a release or threatened release of toxic or hazardous wastes
or substances, polhrtants or contaminants from the Property within the ambit of CERCLA
or any similar state law or local ordinance, or (iv) has not received notice from any third
party of the discharge of pollutants or effluents into any water source or system, the
dredging or filling of any waters or the discharge into the air of any emissions, that would
require a permit under the Federal Water Act, 33 U.S.C. § 1251 et seq., or the Clean Air
Act, 42 U.S.C. §7401, et se ., or any similar state law or local ordinance, except for
minor quantities as permitted by law.
g. Pending Actions -Seller has no notice of any action, litigation, proceeding
or investigation against Seller which would affect the Property or the right of Seller to
sell and convey the Property or any action, litigation, proceeding or investigation,
including without limitation any eminent domain proceeding, which could result in any
lien, claim, right or interest in the Property in favor of any third party, except for matters
of record and disclosed herein;
h. Well Disclosure. Ta the best of Seller's actual. knowledge, without special
inquiry or investigation, there are no wells on the Property within the meaning of Minn.
Stat. § 103.I, except as set forth on the Well Disclosure Certificate attached to this
Agreement as Exhibit D. This warranty is given pursuant to Minn. Stat. § 103.I.
i. Methamphetamine Production Disclosure. To the best of Seller's
knowledge, methamphetamine production has not occurred on the Property.
j. Airport Zoning. The Property is not affected by airport zoning regulations
or, if it is, Buyer may review or obtain a copy of the airport zoning regulations as
adopted at the office of the County Recorder for Anoka County.
k. Status of Seller -Seller is not a "foreign person", "foreign partnership",
"foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the
Internal Revenue Code;
1. Representation or Warranty - No representation or warranty by Seller in
this Agreement or in any instrument, certificate or statement furnished to Buyer pursuant
hereto, or in connection with the transaction contemplated hereby, contains or will
contain any untrue statement of a material fact or fail to state any material fact necessary
to make the statements contained. herein or therein not misleading.
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m. The representations and warranties set forth in this Article 6 shall be
continuing and shall be true and correct on and as of the Closing Date with the same force
and effect as if made at that time and all such representations and warranties shall survive
Closing and shall not be affected by any investigation, verification or approval by any party
thereto or by anyone on behalf of any party hereto and shall not merge into the Contract for
Deed being delivered at Closing. Seller agrees to indemnify and hold Buyer harmless from
and against and to reimburse Buyer with respect to any and all claims, demands, causes of
action, loss, damage, liabilities, and costs (including attorneys' fees and court costs) asserted
against or incurred by Buyer by reason of or arising out of the breach of any representation
or warranty as set forth in this Article 6. In the event Buyer has actual knowledge as to a
breach of any of the above representations and warranties of Seller, Buyer shall disclose
its knowledge in writing to Seller no later than the time of Closing. If Buyer shall fail to
disclose such known breach to Seller prior to Closing, the breach shall be deemed. waived
by Buyer and Seller shall be released from any such claimed breach.
ARTICLE
TAXES AND SPECIAL ASSESSMENTS
7.1 Real Estate Taxes -All real estate taxes due and payable in the years prior to
Closing shall be paid by Seller. Seller shall be responsible for all deferred taxes. All real estate
taxes due and payable in the year of Closing shall be prorated as of the Closing Date, with Buyer
responsible for the Closing Date. In the event the current year's tax amount is not then available,
the taxes shall be prorated based upon the previous year's tax bill, adjusted in accordance with
known changes. Either party may request that the taxes be prorated in accordance with the actual
tax amount. All real estate taxes due in the year subsequent to the year of Closing and thereafter
shall be the responsibility of Buyer. If this sale requires a division of an existing tax parcel
owned by Seller, Seller hereby agrees to pay all taxes on the division at the time of Closing as
may be required by law.
7.2 Special Assessments -Seller shall pay in full all special assessments, whether
levied, deferred or pending against the Property as of the Closing Date, including any
installments thereof certified for payment with real estate taxes in the year of Closing.
ARTICLE 8
CLOSING DATE
8.1 Closing Date -Unless an earlier day is mutually agreeable to Buyer and Seller,
Closing hereunder shall be the Latter of (i) thirty (30) days after satisfaction or waiver of all
Conditions Precedent by Buyer, or (ii) May 31, 2010 (the "Closing Date"). Unless otherwise
agreed. upon by Buyer and Seller, Closing shall occur at 10:00 a.m. on the Closing Date at a
location mutually agreeable to the parties ("Closing").
8.2 Documents - At Closing, upon receipt of the Purchase Price, subject to prorations
and adjustments provided for herein, Seller shall execute and deliver to Buyer the following:
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a. a sufficient and recordable Contract for Deed conveying good and
marketable record fee simple title in and to the Property, subject only to the Permitted
EXCept1017S;
b. an owner's affidavit in standard form acceptable to Title indicating that
Seller (i) has exclusive possession of the Property; (ii) that the Property is not subject to
mechanics' liens; and (iii) that Seller is not a foreign person as contemplated by Section
1445 of the Internal revenue Code to avoid the necessity of withholding a portion of the
Purchase Price and indicating Seller's Taxpayer's Identification Number;
c. an ALTA Form B 2006 Owner's Title Insurance Policy, or suitable
marked up copy of the Commitment in the form required hereunder; and
d. any other documents that may be required by this Agreement, all in a form
satisfactory to Buyer.
8.3 Delivery of Purchase Price; Obligations at Closing - At Closing, and subject to the
terms, conditions and provisions hereof and the performance by Seller of its obligations as set
forth herein, the Earnest Money shall be delivered to Seller and the Buyer shall deliver the
Earnest Money and. Additional Earnest Money to Seller, with the balance of the Purchase Price
paid in accordance with the Contract for Deed, pursuant to Article 2 hereof.
8.4 Possession -Risk of loss shall remain with Seller until Closing. At Closing, all
rights to possession of the Property shall vest in Buyer, except that Buyer, after the Inspection
Period, has rights of entry as hereinabove provided.
ARTICLE 9
CLOSING COSTS
9.1 Seller's Closing Costs -Seller shall pay for the following:
a. The costs of the Commitment;
Its prorata share of real estate taxes;
c. All special assessments, whether levied, deferred or pending on the
Property as of the Closing Date, including any installments thereof certified for payment
with real estate taxes in the year of Closing;
d. Costs to correct any title defects as hereinabove provided;
Seller's attorneys' fees;
f. The cost of recording the satisfaction of any existing mortgage and any
other document necessary to make title marketable; and
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g. One-half of any escrow fee or closing fee to be charged by Title.
9.2 Buyer's Closing Costs -Buyer shall pay for the following:
a, The costs for recording the Contract for Deed;
b. The costs of the Survey
c. All costs related to inspections, permitting, zoning or other fees incident
to seeking approvals provided for above, if any;
d. The cost of the ALTA Form B 2006 Owner's Title Insurance Policy;
e. Its prorata share of real estate taxes;
f. Buyer's attorneys' fees; and
g. One-half of any escrow fee or closing fee to be charged by Title.
ARTICLE 10
NOTICES
10.1 Notices -All notices, demands, writings, supplements or other documents which
are required or permitted by the terms of this Agreement to be given to any party, shall be
delivered in person, by a national overnight courier company or shall be deposited in the United
States Mail first class, postage prepaid, return receipt requested, addressed as set forth below and
shall be effective upon such deposit, or when given via facsimile transmission (with verification
of receipt):
SELLER: J.R. Properties
Attn: Gerald F. Pearo or Richard J. Pearo
C/O Hilltop Trailers
7810 University Ave.
Fridley, MN. 55432
with a copy to:
Zappia & LeVahn, Ltd.
Attention.: Thomas M. Zappia
941 Hillwind Rd. NE Suite 301
Fridley, MN 5432
Phone: 763-571-7721
Fax: 763-571-7734
Direct: 763-502-7108
Email: tn7za~7iaiei',zll~lat.cc~~~t
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BUYER: The City of Columbia Heights
590 40`" Ave. N. E.
Columbia Heights, MN 55421
Attn: Kevin Hansen, City Engineer
with a copy to:
Angela M. Samec, Esq.
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
Email: asamec~zb~s.co~~n
Phone:763-783-511.9
Fax: 763-780-1777
ARTICLE I1
REMEDIE5
11.1 Seller's Remedy - If Buyer defaults in the performance of this Agreement, Seller's
sole anal exclusive remedy shall be to cancel this Agreement, and the Earnest Money and
Additional Earnest Money shall be released to Seller and deemed to be the liquidated damages
hereunder and this Agreement shall be of no further force and effect.
1.1.2 Buyer's Remedies - If Buyer terminates this Agreement as herein provided., or if
Seller defaults in the performance of this Agreement due to its inability to perform at Closing, (i)
Buyer may elect to cancel this Agreement and the Earnest Money and Additional Earnest Money
paid by Buyer shall be immediately refunded to Buyer, or (ii) Buyer shall be entitled to all
remedies at law or equity which may be available, including an action for specific performance.
ARTICLE 12
CONDEMNATION; CASUALTY
12.1 Condemnation - If prior to the Closing Date all or part of the Property becomes
the subject of a condemnation proceeding by any governmental authority other than the Buyer,
then Buyer shall have the right to elect within twenty (20) days of receiving actual notice of such
proceeding to:
a. take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in the condemnation award (or portion thereof allocated to the portion of
the Property being taken) to Buyer (or give Buyer a credit against the Purchase Price
equal to such award if it has theretofore been received by Seller); or
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b. terminate this Agreement, whereupon the duties and obligations
thereunder of the parties shall end., and Title shall promptly return the Earnest Money to
Buyer,
12.2 Casualty - If prior to the Closing Date all or a material part of the Property
becomes the subject of a casualty that materially adversely affects Buyer's ability to use the
Property, then Buyer shall have the right to elect within twenty (20) days of receiving actual
notice of such proceeding to:
a. take title to the Property on the Closing Date without an abatement or
adjustment to the Purchase Price, in which event Seller shall unconditionally assign
Seller's rights in any insurance proceeds, if any, (or portion thereof allocated to the
Property) to Buyer (or give Buyer a credit against the Purchase Price equal to such
proceeds if they have theretofore been received by Seller); or
b. terminate this Agreement, whereupon the duties and obligations
thereunder of the parties shall end, and Title shall promptly return the Earnest Money to
Buyer.
ARTICLE 13
ESCROW AGENT
13.1 Title -Title is authorized and agrees by acceptance thereof to promptly deposit the
Earnest Money and Additional Earnest Money as provided herein and to hold same in escrow and
to disburse the same in accordance with the terms and conditions of this Agreement. If the Title
receives notice from Buyer during the Inspection Period requesting that the Earnest Money be
returned to Buyer, Title shall be authorized to immediately do so and simply notify Seller in writing
of such event. If Title receives written notice from Buyer that the conditions set forth as Conditions
Precedent in this Agreement have not been met, or cannot be met, then in such event Title shall
give written notice to Seller that Buyer is seeking to cancel this Agreement and requesting a release
of the Earnest Money and Additional Earnest Money, and in said notice Title shall provide Seller
ten (10) days within which time to register objection to the release of the Earnest Money per
Buyer's request. If written objection is not received within said time frame, with reasons states for
such objection, then in such event Title shall be, and the same hereby is authorized to release said
funds and this Agreement shall be of no furtlTer force and effect. The sole duties of Title shall be
those described herein, and Title shall be under no obligation to determine whether the other parties
hereto are complying with any requirements of law or the terms and conditions of any other
agreements among said parties. Title may conclusively rely upon and shall be protected in acting
upon any notice, consent, order or other document believed by it to be genuine and to have been
signed or presented by the proper party or parties to this Agreement. Title may consult the advice of
counsel with respect to any issue concerning the interpretation of its duties hereunder. Buyer and
Seller hereby acknowledge such fact and indemnify and hold harmless Title from any action taken
by it in good faith in reliance thereon. Title shall have no duty or liability to verify any such notice,
consent, order or other document, and its sole responsibility shall be to act as expressly set forth in
this Agreement. Title shalt be under no obligation to institute or defend any action, suit or
proceeding in connection with this Agreement unless first indemnified to its satisfaction. If any
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dispute arises with respect to the disbursement of any monies, Title may continue to hold the same
or commence an action in interpleader and in conjunction therewith remit the same to a court of
competent jurisdiction pending resolution of such dispute, and the parties hereto hereby indemnify
and hold harmless Title for any action taken by it in good faith in the execution of its duties
hereunder. The parties hereto agree that there may exist a potential conflict of interest between the
duties and obligations of Title pursuant to this Agreement and as insurer of the title to the Property
after sale from Seller to Buyer. The parties hereto acknowledge such potential conflict of interest
arising as a result of the exercise of its duties hereunder and in determining whether it can give its
irrevocable commitment to insure title.
ARTICLE 14
MISCELLANEOUS
14.1 Survival of Warranties -Any warranties, covenants and representations herein
shall survive the execution of this Agreement and any other documents for a period of two (2)
year after Closing and shall not be merged into said documents.
14.2 Waiver; Remedies Cumulative - No delay on the part of Buyer in the exercise of
any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Buyer
of any right or remedy shall preclude other and further exercise thereof or the exercise of any
other right or remedy, all remedies hereunder and otherwise provided by law being cumulative.
1.4.3 Construction -This Agreement shall be construed under the laws of the state in
which the Property is located. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law. If any such
provision of this Agreement shall be determined to be invalid or unenforceable, such provision
shall be ineffective to the extent of such prohibition or invalidity without invalidating or
otherwise affecting the remaining provisions of this Agreement.
14.4 Counterparts -This Agreement may be executed in any number of counterparts,
each of which when so executed. shall be deemed to be an original and all of which counterparts
of this Agreement taken together shall constitute but one and the same instrument. Receipt of a
facsimile transmission (followed promptly by an original executed counterpart) shall be deemed
receipt of an original.
14.5 B~°nding Effect; Assi ng ment -This Agreement is fully assignable by Buyer or
Buyer's assigns. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and. their respective successors and permitted assigns.
14.6 Headings -Article and Section headings used in this Agreement are for the
convenience only and shall not affect the construction of this Agreement. Whenever used, the
singular number shall include the plural, the plural the singular, and the use of any gender shall
include all genders.
14.7 Brokers -Seller and Buyer represent and warrant to each other that no broker is
engaged in connection with the sale and purchase contemplated by this Agreement. Seller and
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Buyer each hereby agree to indemnify and hold the other harmless from any claim (including
reasonable expenses incurred in defending such claim, including attorneys' fees and other
expenses) made by any other broker or sales agent or similar party for a commission claimed to
be due under the terms of any brokerage agreement entered into by the indemnifying party, or
otherwise claimed due in consequence of any action taken by the indemnifying party. These
indemnities shall. survive the Closing.
14,8 Time of Essence -Time is of the essence of this Agreement.
14.9 Recovery of Costs and Attorneys' Fees - In the event it becomes necessary to
commence litigation to enforce the terms of this Agreement, the prevailing party shall be entitled
to payment of all of its expenses, including reasonable attorneys' fees in trial and appellate
proceedings, this provision shall survive Closing hereunder.
14.10 Seller shall not from the Effective Date of this Agreement, execute any in of any
type (including, but not limited to, leases (except leases which shall be terminated on the Closing
date), deeds, mortgages or liens) affecting the property without the prior written consent of
Buyer.
14.1 1 All deposits or other payments made hereunder, at any time, whether to Title or
any Burns released to Seller(s), shall be fully applicable to the Purchase Price unless stated to the
contrary in this Agreement.
14.12 Seller acknowledges and agrees that Buyer's attorney, Angela M. Samec of the
law firm of Barna, Guzy & Steffen, Ltd, or in her absence, her partners, may give notices on
behalf of Buyer hereunder, and if an attorney has appeared for Seller, notice to that attorney shall
be deemed notice to Seller, and that attorney may likewise give notice on behalf of Seller.
14.13 Anything herein to the contrary notwithstanding, to the extent this Agreement is
subject to any governmental, legal or regulatory approvals of any kind or type, no approvals shall
be deemed final until approvals have been obtained from the last reviewing or administrative
body, and all appeal. times have expired. To the extent any approvals are called for by and
between Buyer and Seller hereunder, no approvals shall be unreasonably withheld, and upon
request, any party disapproving any action will put in writing the basis for not approving the
request.
ARTICLE 15
OFFER AND ACCEPTANCE
15.1 Offer -Delivery of a copy of this Agreement executed by Buyer shall constitute
an offer by Buyer to purchase the Property upon the terms and conditions set forth herein.
15.2 Acceptance -Execution of a copy of this Agreement by Seller shall constitute an
acceptance by Seller of the offer of Buyer.
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15.3 Termination of Offer -Unless Buyer`s offer is accepted by Seller and a copy of
this Agreement executed by Seller is personally delivered to Buyer prior to 5:00 o'clock p.m. on
.luly 17, 2009, the offer by Buyer shall terminate and be of no further effect whatsoever.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first set forth above ("Effective Date").
SELLERe J.R. Properties, a Minnesota Partnership
Gerald F. Pearo
Its Partner
By
Richard J. Pearo
Its Partner
By
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BUYER: THE CITY OF COLUMBIA. HEIGHTS,
By
Its
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EX>EIIBIT A TO PURCHASE AND SALE AGREEMENT
LEGAL DESCRIPTION
The South 63 feet of the West 10.5 feet of Lot 8;
The South 63 feet of Lots 9 through 17;
The South 63 feet of Lot 18, except the west 0.5 feet of said lot;
That part of the vacated alley lying between the northerly extensions of the west line of Lot 42
and the east line of Lot 50;
Lots 42 through 50;
All in Block 88, "Columbia Heights Annex to Minneapolis, Anoka County, Minnesota".
Subject to a reservation by the State of Minnesota of mineral and mineral rights.
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EXHIBIT B TO PURCHASE AND SALE AGREEMENT
FORM OF CONTRACT FOR DEED
Date: 4 20
CONTRACT FOR DEED
THIS CONTRACT FOR DEED (the "Contract") is made on the above date by
a __ _, Seller (whether one or more),
and City of Columbia Heights, a Minnesota municipal corporation, Purchaser (whether one or
more}.
Seller and. Purchaser agree to the following terms:
1 e PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys,
real property in Anoka County, Minnesota, described as follows:
together with all hereditaments and appurtenances belonging thereto (the Property). Unless
otherwise specified, Seller hereby delivers possession of the Property to Purchaser on the date
hereof.
Seller check applicable box:
f i The Seller certifies that the Seller does not know of any wells on the described.
real property.
A well disclosure certificate accompanies this document.
^ I am familiar with the property described in this instrument and I certify that the
status and nwnber of wells on the described real property have not changed since the
last previously filed well disclosure certificate.
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2. TITLE. Seller warrants that title to the Property is, on the date of this Contract,
subject only to the following exceptions:
(a) Covenants, conditions, restrictions (without effective forfeiture provisions)
and declarations of record, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if
any;
(c) Utility and drainage easements which do not interfere with present
improvements;
(d) Applicable laws, ordinances and regulations;
(e) The lien of real estate taxes and installments of special assessments which
are payable by Purchaser pursuant to paragraph 6 of this Contract; and
(f) The following liens or encumbrances:
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt
and full performance of this Contract, Seller shall:
(a) Execute, acknowledge and deliver to Purchaser a Warranty Deed, in
recordable form, conveying marketable title to the Property to Purchaser, subject
only to the following exceptions:
(i) Those exceptions referred to in paragraph 2(a), (b), (c), (d), (e) and
(f) of this Contract;
(ii) Liens, encumbrances, adverse claims or other matters which
Purchaser has created, suffered or permitted to accrue after the date of this
Contract; and
(iii) The following liens or encumbrances:
(b) Deliver to Purchaser the abstract of title to the Property without further
extensions, to the extent required by the purchase agreement (if any) between
Seller and Purchaser.
4. PURCHASE PRICE. Purchaser shall pay to Seller, at a place designated by
Seller, the sum of $580,000.00 as and for the purchase price (the "Purchase Price") for Property,
payable as follows:
$100,000.00 cash, guaranteed funds or wire transfer; the receipt and sufficiency of which
is hereby acknowledged; and
$480,000.00 together with interest thereon at the rate of five point five percent (5.5%) per
annum. Monthly payments of principal and interest in the amount of
$9,169.84 shall be made commencing on the 1st day of , 2010,
and. continuing on the first day of each. month thereafter for a period of five
(5) years until , 2015. On , 2015, the entire principal
balance together with any accrued but unpaid interest shall be fully due and
payable. Interest shall begin to accrue on the date of this Contract and shall
continue until the entire principal balance and all accrued interest is paid in
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full. All payments shall be applied first to the payment of accrued interest
and charges, and thereafter to the payment of principal amount of the
Purchase Price.
Payments shall be made by sending them. to:
J. R. Properties
Attn: Jerry Pearo or Dick Pearo
7$10 University Ave
Fridley, MN55432
Seller may ask Purchaser to send the payment to a different address.
5. PREPAYMENT. Unless otherwise provided in this Contract, Purchaser shall
have the right to fully or partially prepay this Contract at any time without penalty. Any partial
prepayment shall be applied first to payment of amounts then due under this Contract, including
unpaid accrued interest, and the balance shall be applied to the principal installments to be paid
in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the
installments to be paid pursuant to this Contract or change the amount of such installments.
6. REAL ESTATE TAXES AND ASSESSMENTS. Real estate taxes and
installments of special assessments which are due and payable in the year in which this Contract
is dated shall be paid as follows: Prorated between Seller and Purchaser as of the date of closing.
Purchaser shall pay, before penalty accrues, all real estate taxes and installments of special
assessments assessed against the Property which are due and payable in all subsequent years.
Seller warrants that the real estate taxes and installments of special assessments which were due
and payable in the years preceding the year in which this Contract is dated are paid in full.
If the Property is subject to a recorded declaration providing the assessments to be levied against
the Property by any owners' association, Purchaser shall promptly pay, when due, all
assessments imposed by the owners' association or other governing body as required by the
provisions of the declaration or other related documents.
7. PROPERTY INSURANCE.
(a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings,
improvements and fixtures now or later located on or a part of the Property
insured against loss by fire, lightning and such other perils as are included in a
standard "all-risk" endorsement, and against loss or damage by all other risks and
hazards covered by a standard extended coverage insurance policy, including,
without limitation, vandalism, malicious mischief, burglary, theft and, if
applicable, steam boiler explosion. Such insurance shall be in an amount no less
than the full replacement cost of the buildings, improvements and fixtures,
without deduction for physical depreciation. If any of the buildings,
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improvements or fixtures are located in a federally designated flood prone area,
and. if flood insurance is available for that area, Purchaser shall procure and
maintain flood insurance in amounts reasonably satisfactory to Seller.
(b) OTHER TERMS. The insurance policy shall contain a loss payable clause
in favor of Seller which provides that Seller's right to recover under the insurance
shall not be impaired by any acts or omissions of Purchaser or Seller, and that
Seller shall otherwise be afforded all rights and privileges customarily provided a
mortgagee under the so-called standard mortgage clause.
(c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or
other casualty, Purchaser shall promptly give notice of such damage to Seller and
the insurance company.
8. DAMAGE TO THE PROPERTY.
(a) APPLICATION OF INSURANCE PROCEEDS. If the Property is
damaged by fire or other casualty, the insurance proceeds paid on account of such
damage shall be applied to payment of the amounts payable by Purchaser under
this Contract, even if such amounts are not then due to be paid, unless Purchaser
makes a permitted election described in the next paragraph. Such amounts shall
be first applied to unpaid accrued interest and next to the installments to be paid
as provided in this Contract in the inverse order of their maturity. Such payment
shall not postpone the due date of the installments to be paid pursuant to this
Contract or change the amount of such installments. The balance of insurance
proceeds, if any, shall be the property of Purchaser.
(b) PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in
default under this Contract, or after curing any such default, and if the mortgagees
in any prior mortgages and sellers in any prior contracts for deed do not require
otherwise, Purchaser may elect to have that portion of such insurance proceeds
necessary to repair, replace or restore the damaged Property (the "Repairs")
deposited in escrow with a bank or title insurance company qualified. to do
business in the State of Minnesota, or such other party as may be mutually
agreeable to Seller and Purchaser. The election may only be made by written
notice to Seller within sixty (60) days after the damage occurs. Also, the election
will only be permitted if the plans and specifications and contracts for the Repairs
are approved by Seller, which approval Seller shall not unreasonably withhold or
delay. If such a permitted election is made by Purchaser, Seller and Purchaser
shall jointly deposit, when paid, such insurance proceeds into such escrow. If
such insurance proceeds are insufficient for the Repairs, Purchaser shall, before
the commencement of the Repairs, deposit into such escrow sufficient additional
money to insure the full payment for the Repairs. Even if the insurance proceeds
are unavailable or are insufficient to pay the cost of the Repairs, Purchaser shall at
all times be responsible to pay the full cost of the Repairs. Ail escrowed funds
shall he disbursed by the escrowee in accordance with generally accepted sound
construction disbursement procedures. The costs incurred or to be incurred on
account of such escrow shall be deposited by Purchaser into such escrow before
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the commencement of the Repairs. Purchaser shall complete the Repairs as soon
as reasonably possible and in a good and workmanlike manner, and in any event
the Repairs shall be completed by Purchaser within one (1) year after the damage
occurs. If, following the completion of and payment for the Repairs, there remain
and undisbursed escrow funds, such funds shall he applied to payment of the
amounts payable by Purchaser under this Contract in accordance with paragraph 8
(a) above.
(c) OWNERS' ASSOCIATION. if the property is subject to a recorded
declaration, so long as the owners' association maintains a master or blanket
policy of insurance against fire, extended coverage perils and such other hazards
and in such amount as are required by this Contract, then (i) Purchaser's
obligation in this Contract to maintain hazard insurance coverage on the Property
is satisfied; (ii) the provisions of paragraph 8(a) of this Contract regarding
application of insurance proceeds shall be superseded by the provisions of the
declaration or other related documents; and (iii} in the event of a distribution of
insurance proceeds in lieu of restoration or repair following an insured casualty
lass to the Property, any such proceeds payable to Purchaser are hereby assigned
and shall be paid to Seller for application to the sum secured by this Contract,
with the excess, if any, paid to Purchaser.
9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY
(a) LIABILITY. Seller shall be free from liability and claims for damages by
reason of injuries occurring on or after the date of this Contract to any person or
persons or property while on or about the Property. Purchaser shall defend and
indemnify Seller from all liability, loss, costs and obligations, including
reasonable attorneys' fees, on account of or arising out of any such injuries.
However, Purchaser shall have no liabilities or obligation to Seller for such
injuries which are caused by the negligence or intentional wrongful acts or
omissions of Seller.
(b) LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense,
procure and maintain liability insurance against claims for bodily injury, death
and property damage occurring on or about the Property in amounts reasonably
satisfactory to Seller and naming Seller as an additional insured.
10. INSURANCE, GENERALLY. The insurance which Purchaser is required to
procure and maintain pursuant to paragraphs 7 and 9 of this Contract shall be issued by an
insurance company or companies licensed to do business in the State of Minnesota and
acceptable to Seller. The insurance shall be maintained by Purchaser at all times while any
amount remains unpaid under this Contract. The insurance policies shall provide for not less
than ten. days written notice to Seller before cancellation, non-renewal, termination or change in
coverage, and Purchaser shall deliver to Seller a duplicate original or certificate of such
insurance policy or policies.
22
153
11. CONDEMNATION. If all or any part of the Property is taken in condemnation
proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat
of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof
shall be applied to payment of the amounts payable by Purchaser under this Contract, even if
such amounts are not then due to be paid. Such amounts shall be applied in the same manner as
a prepayment, as provided in paragraph 5 of this Contract. Such payment shall not postpone the
due date of the installments to be paid pursuant to this Contract or change the amount of such
installments. The balance, if any, shall be the property of Purchaser.
12. WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any
buildings, improvements or fixtures now or later located on or a part of the Property, nor shall
Purchaser commit or allow waste of the Property. Purchaser shall maintain the Property in good
condition and repair. Purchaser shall not create or permit to accrue liens or adverse claims
against the Property which constitute a lien or claim against Seller's interest in the Property.
Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorneys'
fees, incurred by Seller to remove any such liens or adverse claims.
13. COMPLIANCE WITH LAWS. Except for matters which Seller has created,
suffered or permitted to exist prior to the date of this Contract, Purchaser shall comply or cause
compliance with all laws and regulations of any governmental authority which affect the
Property or the manner of using or operating the same, and with all restrictive covenants, if any,
affecting title to the Property or the use thereof.
14. RECORDING OF CONTRACT DEED TAX. Purchaser shall, at Purchaser's
expense, record this Contract in the office of the county recorder or registrar of titles in the
county in which the Property is located with four (4) months after the date hereof. Purchaser
shall pay any penalty imposed under Minnesota Statutes Section 507.235 for failure to timely
record the Contract. Seiler shall, upon Purchaser's full performance of this Contract, pay the
deed tax due upon the recording of the deed to be delivered by Seller.
15. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assign their interest in
the Property, assigning party shall promptly furnish a copy of such assignment to the non-
assigning party.
16. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money
required under the terms of this Contract or fail to perform any of Purchaser's obligations as set
forth in this Contract, Seller may, at Seller's option, pay the same or cause the same be
performed, or both, and the amounts so paid by Seller and the cost of such performance shall be
payable at once, with interest at the rate stated. in paragraph 4 of this Contract, as an additional
amount due Seller under this Contract. If there now exists, or if Seller hereafter creates, suffers
or permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property
which is not herein expressly assumed by Purchaser, and provided Purchaser is not in default
under this Contract, Seller shall timely pay all amounts due thereon, and if Seller fails to do so,
Purchaser may, at Purchaser's option, pay any such delinquent amounts or take any actions
reasonably necessary to cure defaults thereunder and deduct the amounts so paid together with
23
154
interest at the rate provided in this Contract from the payment(s) next coming due under this
Contract,
17. DEFAULT AND REMEDIES. The time of performance by Purchaser of the
terms of this Contract is an essential part of this Contract. Should Purchaser fail to timely
perform any of the terms of this Contract, Seller may, at Seller's option, elect to declare this
Contract cancelled and terminated by notice to Purchaser in accordance with applicable law or
elect any other remedy available at law or equity. If Seller elects to terminate this Contract, all
right, title and interest acquired under this Contract by Purchaser shall then cease and terminate,
and all improvements made upon the Property and all payments made by Purchaser pursuant to
this Contract (including escrow payments, if any) shall belong to Seller as liquidated damages
for breach of this Contract. Neither the extension of the time for payment of any sum of money
to be paid hereunder nor any waiver by Seller of Seller's rights to declare this Contract forfeited
by reason of any breach shall in any manner affect Seller's right to cancel this Contract because
of defaults subsequently occurring, and no extension of time shall be valid unless agreed to in
writing. After service of notice of default and failure to cure such default within the period
allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller,
but Purchaser shall be entitled to possession of the Property until the expiration of such period.
Failure by Seller to exercise one or more remedies available under this paragraph 17 shall not
constitute a waiver of the right to exercise such remedy or remedies thereafter.
18. BINDING EFFECT. The terms of this Contract shall run with the land and bind
the parties hereto and their successors in interest.
19. HEADINGS. Headings of the paragraphs of this Contract are for convenience
only and do not define, limit or construe the contents of such paragraphs.
20. ADDITIONAL TERMS:
Deed.
Seller shall pay for the casts for the documentary stamps to be affixed to the Warranty
24
155
SELL,ER(S)
STATE OF MINNESOTA )
) ss.
COUNTY OF )
PURCHASER(S)
The foregoing instrument was acknowledged before me this _ day of
20, by
Notary
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
THIS INSTRUMENT WAS DRAFTED BY:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
(763)780-8500
Notary
Tax Statements for the Real Property
Described in this Instrument should be sent
to:
FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER
PARTIES PRIORITY OVER PURCHASERS' INTEREST IN THE PROPERTY.
25
156
EXIIIBIT C TO PURCHASE AND SALE AGREEMENT
FORM OF SURVEYOR'S CERTIFICATION
I hereby certify to The City of Columbia Heights a Minnesota municipal corporation,
a corporation, Title,
and
(name of lender to be supplied at a later date) that this survey of the following described
property was made by me (or under my direction and supervision) on the day of
, 20
(Insert proper legal description)
I further certify that the subject property was personally inspected by me and. correctly
and accurately shows (a) the area, boundary lines, lot lines and adjacent streets and rights-of--way
of the subject property; (b) the location and dimensions of all improvements, easements, fences,
ditches, set-back requirements, utilities, streets and rights-of--way of record, in evidence or
known to me on the subject property; (c) all easements, restrictions and covenants of record
affecting the subject property and the same are referenced to the appropriate recorded document
number or other applicable recording information; (d) that except as specifically noted on the
survey, there are no encroachments onto adjacent property or onto easements or rights-of--way by
any improvements or other obstructions located on the subject property, and there are no
encroachments onto the subject property by any improvements or other obstructions located on
adjacent property; (e) that there are no gaps or overlaps in the referenced legal description; (f) all
means of ingress and egress from the subject property, the same being paved, dedicated public
right(s)-of--way; and (h) the described property is not located in a flood plain designated. under
any state or federal law.
Dated: , 20~
By
L.S. No.
26
157
EXHIBIT D
WELL DISCLOSURE CERTIFICATE
NONE.
27
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,6,
CITY COUNCIL LETTER
Meeting of: 8/10/09
AGENDA SECTION: OTHER BUSINESS ~ ORIGINATING DEPARTMENT: ~ CITY MANAGER
PUBLIC WORKS r
ITEM: RESOLUTION 2009-121 DECLARING THE BY: Kevin Hansen BY: ~ F~/
INTENT TO BOND FOR. THE LAND ACQUISITION OF DATE: 8/6/09 DATE:
675 37Tr' AVENUE NE
Background:
The City Council will consider the land acquisition of 675 3Th Avenue NE under a separate agenda item.
The property is located adjacent to the Public Works facility and would be used for related and future
purposes. Bonding may be considered as an alternative funding source for the property acquisition.
Analysis/Conclusions:
The City Finance Director has suggested bonding as another form of funding for the land. To keep the
potential bonding alternative open, the Council should approve a resolution declaring the intent to bond.
This was done for public improvement construction projects since 1998. It should be noted that the
resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding
open in the future, up to the dollar amount specified.
Recommended Mofion: Move to waive the reading of Resolution No. 2009-121, there being amp]e copies
available to the putblic.
Recommended Motion: Move to adopt Resolution No. 2009-121, being a resoh~tion approving the
declaration for the official intent of the City of Columbia Heights to Bond for the land acquisition of 675 37`''
Avenue NE.
Attachments: Resolution 2009-121
COUNCIL ACTION:
162
RESOLUTION N0.2009-121
DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO
REIMBURSE CERTAIN EXPENDITURES
FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of
tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain
requirements are met; and,
WI3~REAS, the City of Columbia Heights (the "City") expects to incur certain expenditures
which may be financed temporarily from sources other than bonds, and reimbursed from the
proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS AS FOLLOWS:
1. The City reasonably intends to make expenditures for the land acquisition of real
property located at 675 37t" Avenue NE and reasonably intends to reimburse itself for
such expenditures from the proceeds of debt to be issued by the City in one or more
series in the maximum principal amount of $480,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of
Tres. Reg. 1..150-2 and any successor law, regulating or ruling.
Dated the 10`" day of August, 2009
Offered by:
Seconded by:
Roll Cali:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
163
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of: August 10, 2009
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL
~~
ITEM: Appointment to Board and BY: Walt Fehst BY: '"
~
Commissions DATE: August 6, 2009 J
DATE:
NO:
Background:
On August 10, 2009 the City Council will interview candidates interested in appointments to City Boards
and Commissions.
Current City of Columbia Heights Board and Commission Vacancies
Charter Commission 4 (appointment by District Judge)
Library Board ]
Recreation Commission 1
Telecommunications Com. 1
Traffic Commission 1
Recommended Motion: Move to appoint
term to expire April 2012,
term to expire April 2013,
vacant term to expire Apri12011, and
vacant term to expire April 2011.
to the Library Board for the vacant
to the Recreation Commission for the vacant
_ to the Telecommunications Commission for the
to the Traffic Commission for the
COUNCIL ACTION:
164