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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 ~~ ~ ~. ~-~ ~~~~ 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 12 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 13 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 14 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. 15 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 ~ ~ ~~~. _ ~., t:~ F ..x 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 vow ~~~~~~ E L7 ~ ~ x~ c~ a ~ ~ H (Y, ~ i~ W W ~ ~ x~ ~ o r.~ U ~ ~ H ~ # i~ i~ a~ ~ ~ w O o ~ ~ U ~+ U ~ ~ ~ i ~ ~ W U] p5 ~ ~K H O O o o ~ ~ ~ a ~ ~ ~ Ha~ l ~ ~ ar H U" L7 + ~k i~ i~ •K i~ N 1D U ~ ~k O ~' ~O ~ ~ # -R -K -K O •ri O H M ~ ~ H H H ~ -k U] W l0 ~ i~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a a uuu.uu ,~u~,~~uuu ~ ~ ~ H U ryv ~ HHHH+ U O z NUS ~I i~ -K ~ lf'1 (1~ O ~ U ~ UUUU~ O ~ m ~ ~ U m ~ -.~ ~ ~ ~ ~ x zzzz~ rn o~ ~ ~ o x x ~ ~ o U is ~~~"a~ N H N ~ is \ N U ~ + 0 0 0 0 C W ~ ~ ~ ~ -~ ~ ~ w O1 5a ~ UUUU~ o •~ t1~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . 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HNNNNNMMMMMMMMd"d'd'd'crC'a'U'10 10 10 10 10 10 1O 1Drr~OC0 a0 E-i p7 (Ya I ~w H C7 x~ va Ha x~ w ~a H W mot' r. a~ Oo U ~ p o 0 io =r Haa H C7 L7 U H ~o is z w . ~ ~ ~+ w ~ a 0 cn t ~ N l0 ~O -rl (T~ M M x w ~, In H x Q ~+ ~ U N .C U i t I I i I I I H W ~ I O H •• I U cn I n I U ~ M I ~ i ~ T ! (7 '~i a ~+ I z H I ',~' !Y1 vrn a w. U ~o Z w ~ x ~ H ~ a w~ a o x x l x KC ~ ~ ~ ~ H o 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 3701 CENTRAL AVENUE U 831 843 Q 4000 ~ ~ 820 ~ M 838 848 O0 3982 ~ 3975 3976 900 3970 1 3973 3968 3967 3970 ~7 3963 3964 ~9 3960 3959 3962 3961 .7 3956 3955 3956 3957 3952 3953 3951 i3 3948 3949 3946 3947 G3 3944 3943 3942 3943 ~9 3938 3938 3939 t5 3934 3935 3934 3935 S1 3930 3931 3930 3931 7 51 7 113 I L E- Z Y U F-- Z W m Z _~ 40TH AV N O O ~ O t0 of O O t0 O O r N ~ p p O 0 r 0 r O N O N O M O O O p O r r r r r r 950 3989 rn ~., ,., w us r r ti r' N O M O r r r N N M M 0 0 0 ~ o 0 0 0 0 0 0 0 ~ ~ ~ ~ r r r r r r r r GOULD 3959 ~ N N tD O v ao N <p r r N N N M M 950 0 0 0 0 0 0 0 r 0 r 3951 r r r r r r Oyh W o o 0 0 ~ ~ r r `~ `~ 3939 3940 W ~ 9 ~ ? 39 grO mod' o ~`~ "'9 0 72 3 9 3919 ~ ' 08 3910 ~ ~ ,~^ °~ d O 3900 `~ ~ 3901 3900 9~?~ 39 39TH 1100 " 1 3854 3853 940 950 3850 8ys 8 1 384 ~8G J~ 3 5 ? ~, 9 ~ 8 3 3844 3847 „~ 840 ~ 6S 3827 86, 383 3841 3 3 0 38 S 8 ' `r 38? ' 3837 u 8 ` 8 v iP 4 8?8 3 s 3828 3825 387 3 83`~ `~8 8`~s 4 83 38 ?? 3 "808 38?) ~'8~e?O 38 x'8 ' Z ?' 78 u ~y 38 380 ~ 5 38 ~O 38p ~ 9 ~ 38ps 3)3 33~ 3701 O ~ \ O 3~ ~? 3 372 Q ~ 4' ) g 3j3 J 3718 !<j~" 333 ~'4 p )? " 3j~7 ~? 3~ 3710 U ?> > ~ ~ 3~ 3~ O r3 ~ ?7 ~ ~(/ 3706 ~v 370 ~~^ 1 ,~j 961 3700 ~ 1 370 370 Location Map 87 8'-5" 9'-0" A'-0" L Remove existing faces replace with full color Electronic LED display 3'-16"x 7'-10"' - -- sa h a ..~_.._ _~__ ~ ~. ~„ -- - ' ,~ ~ :; ~ ~ ~ ., ~' ~ ass, . ~ ~ ~ 3 F ~ ~. ;_; ~ 3 K n }. ~ :~ ~, . a ~ ,. ~~ r-~ ~ A -- : i t ~ . wt ~'~r.. 1 ....1) y ~ _ y !fix ~ ~ ~ ~,~ ,~ ~ ~ , ~.` ~ _",;~y~y, x ~ t 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~ ,, 1 variance for a monument sign and denial. DATE: August 6, 2009 , /~, 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 4621 CENTRAL AVENUE 1133 BOREALIS L np 3 483 Q,, q8~' 3 ~ ~ o °~ 4801 2 ^^ ^ N N (-- ,~ 1 Z 7 ~ ° ~ jr ~ ~ C ~ N v '~ 4a ° 1039 o ~ w ~ 4757 aeo 1131 KHYBER L ~ ~ r 1070 UNITS. ,~~ ^ .- n 100-119. 200-209. 300. 320. 4 W-41 5 C 4707 Z 4729 1129 CHEERY L Q loss 1127 ~ V " ~tND~O ytr~ ^^O`ry ~ NN ~ " 47TH 4657 4656 4657 4662 4657 465 ~ ~ ~ ~ 4653 4648 4s55 ~~ ~ o~ 4647 ,i640 `~9 464 4641 4647 4641 463 4634 4s34 `~36 4637 4628 4633 4630 4633 463 4625 4s35 4625 462 22 4624 4621 4619 4629 461 18 4616 4615 4617 4612 4605 4607 4606 4609 4608 4607 ~ 4s05 4606 1001 1101 1111 ~ 46TH 4556 4555 4556 4557 4554 4555 455 45 4550 4549 4549 455 4546 4549 4548 4540 4541 ~~ 4543 4542 4543 4535 4536 4537 4536 4535 453 4532 45 4526 4529 4530 4531 4534 4526 4525 452 4511 `;''`22 4520 4530 4518 4517 4519 4518 ~ 4510 4511 4514 4515 4516 4508 aso2 v 4507 4509 4510 ~ °i 4500 4501 1025 1035 4500 1115 11 45TH in ~ 4456 4455 4456 ~ 4457 ~ ~ m N ;~ ~ o o N N N oo O o `~' o ~ 4450 4449 4450 ~ 4449 ~ , .01„~ ~ m ~ m m A m o 0 0 ~- ~ 0 0 ~ ~ t v 0 ~ ~- ~- 4445 g4g4 4445 4447 ~ 4441 4440 ~~ X 8 4441 J 0 0 0 0 0 `"' o o °' N 4436 4439 3 4450 m m 0 m m m 0 ,r 4433 4432 4435 '~38 4437 4434 4435 gg42 ~ aazs 4azs 44zs 44 1 /2 ,4326 4425 4425 4421 4420 4424 4422 4423 m m 0 0° r ~ o 0 0o v o m Location Map 100 CERTIFICATE OF SURVEY o 30 rMEASUREMEN7S SHOWN !N FEET AND DECIMALS OF R FODT1 F a R ~~.. ~~ c~ ~~ KUR TH SURVE YtNG, -NC. scnLE I N a+Et=T I HEREBY CERTIFY THAT 7ti1S SURVEY. PLAN OR REPORT 4002 JEFFERSON Sr. NE. WAS PREPARED BY ~E OR UNDER MY D 1 RECT SUPERVISION C LUMt3lA NEtGNTS, MN 55421 ~4~..~L p` -~.oU~ AND THAT ! AM A DULY ICENSED L D SURVEYOR UNDER PHONE 763) 788-9769 FAX (763) 788-7602 DATE ~~t E-MAt : KURTHSURYEY~A L,COM TI{E`l~i W~ of E S7A~ ~aF PNN O = IRON MONUMENT ~` _.{ t SLR ~ C~PQIc l~ ~.L.S, 1~1~~a Rondy L. Kurth, t_.L;S. No. 20210 ~,t-~t}h~~ -~ (~~ ~~~ Russell J. Kurth, E~.tr.S. Na, 18113 _~,~-~~• tio~~°r~tata°~ ~ = cartc.~?,c:-c'~. ~l~ I ', o ~ ~' 1 i r.f f ~ 7r I ~ _._ r_ _, ~. , ~ 'J t 1' `, tilt t ..5.._ I.~.-~'~ / ` 0 n ~ , r ' J '~ `~ x ~ C7 S # O r 4 ~ _____..I: ' . J (~ I u -~ `. ek. av .- 4 d r .ri GV ' P J' ~ ~ • '• ~ s t 0 '~ ~ f~ x--17` -~-~ ~. 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'1 ~;~~~_~ ~ ~ ._ ~~':~ :~1. ..... _ ~- ILLUMINTAED CABINET SIGN -ALUMINUM FRAME BASE m ~-- --- ,. f s` .+ , _ _: _~~ __ ~~~~ ~ ~ ~~~ ~ ~ - 102 ~~ I f 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 W U_ W 'Z V W 0 J Q z co ~ o W o Ve N ~_ v m ~ za gw ~v W W ~. W Z W Q ~}' N L N ~_ m C O O O O C .~ X Q W W J Q I- H C d N C f0 N N C N N O U U N .O N U C ... N f~0 ~ ~ N a a~ Q ~ ~ d a W ~j F- ~ c m U s ~~ ~ U U 4_ ~ ~ O ~ ~ c6 O N V ~ N N 3:: ~'~ N ~-I LL O N U O 1- F- V N 'o a`. ~ LL O N .- fA 69 y Ef3 ''! fR CD M M O O O ~ 00 i~ n n M O A M C D O 00 CO OD M O M M O M W 00 O °o °o ° °o aO Qi O ti O r M C 0 M O M W CO M M I~ M M M [O M ~ ~ ~ ~ ~ ~ O t O M t O m M O ~ M M M M O OO OO 00 O O O O O O m O M 4 M M ai co ao 00 = ti m ~ ~ ~ m Y ~ M r 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. 124 RFP -GATEWAY PEDESTRIAN BRIDGE at 49`h Avenue and TH 65 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. 125 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 126 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 127 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. 128 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. 132 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. 3 134 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. 137 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: 7 138 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 8 139 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 9 140 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 10 141 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 142 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 12 143 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. 13 144 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 14 145 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 IS 146 BUYER: THE CITY OF COLUMBIA. HEIGHTS, By Its 16 147 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. 17 148 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. 18 149 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 19 150 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, 20 151 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 21 152 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. 27 158 _ - .y~~ ~ ? .,. l~ ~;4 'SS'r~ ~ ~ £ ~}^~ row ~~ ~~ ~ Y ~ '* ~'~ ~. ~ . r~ ,~, , ~ , _ i ,~ a .~ . . -- ...~,,; a ~~~` ~. .__..........~ . _..._...._ _,_....m_... __.__ ...._...~ ._._____~~. ---... __ . _~.~. . r }.. _ _ .~ ° ~ ~N ~, ~ ~ as ~ e 8 b 1 d~ -~'~ ~~ ®E ~ ~~f ..~'z ~T `~ ~ ~~' .~ A~~ ~~T ~1;, 9e 4 F ,~ m~ [ '"` ~r ~' ~ ''~ s~ a ,~ • tS ~S~ ~ ^ „ ^i{ ~ d $ LLs r ~ ~` ~ ~ !~ .~.-~. ~~'~...3'F _ __~~ Ana _' "~+~w----'~ ~ y H'f' ~ " .=.~ x ~. l~ _ ~ _ ^- . uC- Y _. .. _. a ..~._.. ~...- _.. _. _.., t N ,:~ `R ~ ~~ •.:,.n - ~ 3~7T~H AVE~N E,, ~~_ , ~, :<<~ • ~ ::. r1y~, f Public Works Concept Layout W E Exhibit 1: Existing Conditions o 50 100 Feet City of Columbia Heights 5 '159 s ~ { n ~ N ~ ~ C ~ ~• . ~ ~~bXa ~ y, ~ }}~4 ~' a ~ 'r I # ~ d ~ 4r~~ ~ ~~ , O N . ba '-,. - ~7 ~ # 1~ - w ~ ~ . ~''~ Existing Cold Storage ~ " ~ s - Pty 1yp 1r /®®' 1 ~ }} ~ ~. fff~ 'r ~ ,/ ~ 7Yw- 8N1 3 ~ r~ ,,, ,, ,~,, ~ r. r"' a ~ ~ "„ i fit. - ~ r r / /.p'rpol fpf J,gP, s~~ ~{~i . Public . f ' ~ ~` ' ~ ' % ° ~ ` 7' f ~,. ~ r„ /,~ ® ; ~'~ t ° ' ; ±~ Works r ; ~~'f~ "' - ~` . f ~ ~ Covered Parking ;~ y` Dept. ff'/ ~ //J' for Industrial " ~ t ~, '~ Machinery ~ /~~~f , }" ~;~ ~ ~ "x s Vie / j . r% Existing "~`4~=- -~ r y,t~ "~ Storage "?w °;~, : ~ ~ .~...~...___ , t ~ rr Water Quality I l °i~"`% ; ~~ ~~ `~ . i > Treatment Pond .u _. _. /~r a ~' ~ r r ~ ( { ~ r , , ~~~~ Storm Resistant Cover ~~ for Materials Storage - -'~~=°` Additional ..'"'~ - .... ..... Salt/Sand Storage - _ .. - ~,:,a: ,. ~,_' ' " ,~ ,~ ,w ~~`, ~ Potential lease space \,~~ , .~;~~: \~\,`,.:~;?`~` ~;~~~' ;`':~ (to others-38,500sf) T;; ~ y`` ,` `~ „ ; , ~~ ,~;~: Storm Resistant Cover for Materials Storage ~ , ~ \ _ , r ~„.~, ~ ~.~. ,~~ 37TH. AVE.N,E ,,_ Temporary Material Storage - ~. ,,,_ . ~- ~°~ ~ - ".` ~: ~"`r ~., ''~- R " ~ ~, ~": .. bre i ` W t k/ ~r ~ „ ~ : ~ , . ~ ~ er ma n a ~ ( a ~" " ' "` k ~+ : Partial snow storage) ~ ~, ~_ ~. ~. ~ v.we&- fh. ~. ~_ ~ - Public Works Concept Layout W E Exhibit 2: Layout 1 0 50 100 Feet City of Columbia Heights S 160 C 1 / ~~/ „/~,F PubIIC ~';r~~~sr o®~~rrra,,'0rs;~°s Works ~, t; ` Dept. /, ~ f -~~ r. ~~~ ~ ~ ~~~r ;~i ;rf; 1 Existing Storage ~v._...~._. °' . ~ ~~ a ~\- . a ~ ~ '~ Covered Parking = _~` c r ~„ :;~ for Industrial ` Machine _ ' e ~ _ r~ ,~~ v r~s_i Onsite Water Quality ~ f~ r Treatment Pond ~~~~% ~,,, .. .. ~~~~~^~~~~~~^^~~^r, R'Mr^~~~~~r~~~a a ~a~~ ^ ^i~'ia~~^ ~ ^ Storm Resistant Cover for Materials Storage ,` -~ ~,h~ ~ r ,r~. ,,, :~. '~~' ~`~:.~.~ >~ ;; ^ x°. -_;~, a, :. i:. `..... ~ ..._ f 1 .............. a t s R~r ., . 4,~ ~ ~y rM~^ " '~.,x~ ~' s ~ Additional SalUSand Storage ~~. Storm Resistant Cover for Materials Storage -0; , ,, . ~- .->, ~ ,. 37THvAVE NE F.~~, ` Temporary Material Storage -~. ~ ~~ ~~~~ Hilltop Lot .,-w• .y;+e ~. V ,,+~- ~ 77 000 s ft ~; (Water main break/ ~n~. ( ~ 4 ) „'"` ~ ~ h~ .~ Partial snow storage) ~ ~ ~ a ~ "`° , _.~~.e, ~~~ _ w . fir... _ ..:~ ~' ~ a Public Works Concept Lnayout W E Exhibit 3: Layout 2 0 50 100 Feet City of Columbia Heights S ,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