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HomeMy WebLinkAbout06/28/2010 RegularCITY OF COLUMBIA HEIGHTS 590 40`s Aveuue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763} 706-3692 Vuitourwebsiteat: wrs~av.cr.cotzambia-heirrhts.Pnn.us Garv L. Peterson Counciimembers Robert A. Williams Bruce Nawrocki Tammera Diehm Brace Kel_enberg Citv Manaeer Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7.00 p.m. on Monday, June 28, 2010 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 wilt 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 (east 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD1706-3692 for deaf or hearing impaired only} 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Chaplain Bob Lyndes, Crest View Communities. 2. PLEDGE OF ALLEGIANCE 3. DTTIONSlDELETIONS TO MEE GAGE A (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the agenda preparation deadline.} 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 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 age.lda approval VY~:I: be taken up as the next order of business.) A. Apr~rove minutes of the June 14, 2010 City Council meeting_ MOTION: Move to approve the minutes ofthe June 14, 2010 City Council meeting. B. Accept minutes ofthe Columbia I-lei~hts Boards and Commissions MOTION: Move to accept the minutes ofthe May 25, 2010 EDA meeting. P4 p16 MOTION: Move to accept the minutes of the May 25, 2010 EDA. Executive session. p21 C. Schedule a CitX Council Executive Work Session p22 MOTION: Move to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations, immediately following the Monday, July 12, 2010 City Council meeting, in Conference Room 1. D. Authorize rg ant agreement and approve receipt of grant-funded purchase for 2010 JAG Grant - Police Department p23 MOTION: Move to authorize the Mayor and City Manager to enter into a Memo of Understanding with Anoka County agencies for the receipt of $16,529 in Federal Justice Assistance Grant Funds, 10% of which will go to Coon Rapids for their role in administering the grant. City Counei( Agenda Monday, June 28, 2010 Page 2 of 3 MOTION: Move to approve the Police Department's receipt of two A2B electric bicycles and three Automated External Defibrillators (AED's) through the current 2010 round of Justice Assistance Grant funding to Anoka County agencies administered by fiscal agent Coon Rapids Police Department. E. Authorize Mavor and Cit~anager to enter into a contract for Car Wash Services p36 MOTION; Move to authorize the Mayor and City Manager to enter into a contract with Jeff s Bobby and Steve's AutoWorid for car wash services as specified in the City's request and AutoWorld's response to the City's request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. F. Authorize Mavor and City Manager to Enter into Agreement for Auctioning Vehicles p44 MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with State and Federal Surplus far auctioning vehicles for the City of Columbia Heights. G. Authorize Mayor and City Manager to Enter into Contract far Towing Contractor p45 MOTION: Move to authorize the Mayor and City Manager to enter into a contract with Sehmit Towing, Inc. for towing, impounding and storage of motor vehicles as specified in the City's Request and set forth in Schmidt's response to the City's Request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. H. Authorize Mavor and City Manager to Enter into Contract with ProaertvRoom.Com for Auction Service p55 MOTION: Move to authorize the Mayor and City Manager to enter into the two-page 6-month contract with PropertyRoom.Com far auction services for the City of Columbia Heights. This contract auto-renews unless there is a 30-day written notice for termination. L Distribution of the 2009 Comprehensive Annual Financial Reports and the Independent Auditors' 1=.eport p69 MOTION: Move to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights, including the Independent Auditors' Report and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by Juiy 6, 2010. J. Approval of the attached list of rental housing applications. p70 MOTION: Move to approve the items listed for rental housing license applications for June 28, 2010 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications p74 MOTION: Move to approve the items as listed on the business license agenda for June 28, 2010 as presented. L. Approve payment of the bills p76 MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 135092 through 135303 in the amount of $4,433,527.42. City Council Agenda Monday, June 28, 2010 Page 3 of 3 MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolutions 201.0-47, 4801-03 7th Street N.E., 201.0-49, 3861 Edsemoor Pl. N.E., and 2010-50, 1815-17 41st Avenue N.E. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. pgS MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2010-47, 2010-49, and 2010-SO being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2010-47, 2010-49, and 2010-SO being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article N, Section SA.408(A} ofthe rental licenses listed. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Ordinance 1.582, Zoning Amendment to rezone 4SSS Washington Street. from R- 2B to R-2A. p93 MOTION: Move to waive the reading of Ordinance No. 1582, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1582, being an ordinance amending Ordinance No. 1490 City Cade of 2005, adopting the proposed. zaning amendments outlined in Ordinance 1582. B. Bid Considerations -none C. New Business and Reports -none ST, TS Report ofthe City iMai::alter Report ofthe 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 line to speak shall state his/her name and address for the record 10. ADJOti~RNMENT ~'~~ Walter R. Fehst, City Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 14, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 14, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Me1L Immaculate Conception Church, gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGL~NCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to discuss: City newsletter, grass/weeds at Grand Central Lofts, Comprehensive Plan, Budget, Annual Financial Report, and Award of Excellence. Peterson removed. Resolutions No. 2010-42 and 2010-45, as they have been brought into compliance. Peterson added the presentation of a check from the Columbia Heights Boosters Association. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. 2010 Humanitarians of the Year -Betty and Glen Krahl Mayor Peterson proudly introduced the 2010 Humanitarians Betty and Glen Krahl. Peterson presented. them with a proclamation, a plaque, dinners donated by Sarna's, Tasty Pizza, and Flame Burger, and invited them to ride in the Jamboree parade. Betty and Glen both expressed their appreciation for this award. B. Fears of Service: Richard Anderson -Traffic Commission Peterson presented Richard Anderson with a certificate and Columbia Heights pen and pencil set. Anderson stated he has lived in Columbia Heights for 46 years. They now plan to tour the country. C. Columbia Heights Boosters -presentation of a check for $20,000.00. a. Mark Vescio, Columbia Heights Athletic Boosters Club, presented Keith Windschitl, Recreation Director, a check for $20,000 for youth program. Windschitl thanked the Boosters for their generosity and continued support. The Boosters will host a spaghetti dinner fundraiser on Wednesday, June 23`d at Murzyn Hall. Proceeds will go toward the purchase of a new food wagon. Motion by Nawrocki to accept the $20,000 check from the Boosters for recreation purposes and to place the funds in the park and recreation budget. Second by Diehm. Upon vote: All ayes. Motion carried. Peterson encouraged people to join the Boosters. They have donated over a million dollars to the children of our community. He thanked. the entire group for their hard work. City Council Minutes Monday, June 14, 2010 Page 2 of 12 Peterson reported on the upcoming Jamboree Kids Fishing Clinic, Heights Idol Round II and Jamboree fireworks. CONSENT AGE1yDA Nawrocki requested to remove items D, F, G, and J for discussion. City Manager Walt Fehst took Council members through the Consent Agenda. A. Approve minutes of the May 24, 2010 City Council meeting Motion to approve tl'ie minutes of the Pv1ay 24, 201v" City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the January 26, 2010 HRA meeting. Mohan to accept the minutes of the March 1, 2010 HRA special meeting. Motion to accept the minutes of the April 27, 2010 EDA meeting. Motion to accept the minutes of the May 20, 2010 Telecommunications Commission meeting. Motion to accept the minutes ofthe June 1, 2010 Planning and Zoning Commission meeting. Motion to accept the minutes of the May 5, 2010 Library Board meeting. Motion to accept the minutes of the April 5, 2010 Traffic Commission meeting. C. Approve transfer of funds received from the Minnesota Board of Firefighter Training and Education from. the General Fund. to the Fire Department 2010 budget. Motion to transfer $2,056.50, the amount received from the Minnesota Board of Firefighter Training and Education, from the General Fund to the Fire Department 2010 budget. D. Authorize Animal Paund Contract with Camden Pet Hospital for period of July 1, 2010 to July 1, 2013 -remove E. Approve Transfer of Funds for Unique Thrift from General Fund to Police Dept. Budget Overtime Line #1020, and Neil Nelson training fees from General Fund to Police Dept. Budget Training Line #3105 Motion to transfer $1,665.00, the amount of money received from Unique Thrift reimbursement for overtime worked from the General Fund to the 2010 Police Department budget line 1020, Overtime; and to transfer $650A0, the amount of money received from various departments for the Neil Nelson "Strategies for the Recorded Interview" training from the General Fund to the 2010 Police Department budget line 3105, Training and Educational Activities. F. Adopt Resolution 2010-41, being a resolution to approve a 200 square foot area variance for wall siPnage for 4849 Central Avenue -remove G. HVAC Preventive Maintenance Services for John P. Murzyn Hall -remove H. Approval of rental housing applications for June 14, 201.0. Mohan to approve the items listed far rental housing license applications for June 14, 2010 in that they have met the requirements of the Property Maintenance Cade. I. Approve Business License Applications Cit<', Council Minutes Monday, June 14, 2010 Page 3 of 12 Motion to approve the items as listed on the business license agenda for June 14, 2010 as presented. J. Approve payment of the bills -remove Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of items D, F, G, and J. Upon vote: All ayes. Motion carried. D. Authorize Animal Pound Contract with Camden Pet Hospital for period of July 1 2010 to July i, 20 i 3 Nawrocki questioned if other bids were received. Fehst stated that other pet hospitals were surveyed, with costs being significantly higher. Motion by Diehm, second. by Kelzenberg, to authorize the Mayor and the City Manager to enter into athree-year contract with Camden Pet Hospital. as stipulated in the attached contract for the period of July 1, 201.0 to July 1, 2013. Upon vote: All ayes. Motion carried. E. Adapt Resolution 2010-41, being~a resolution to approve a 200 square foot area variance for wall si nape for 4849 Central Avenue. Jeff Sargent, City Planner, indicated that Savers is adding a loading dock and will occupy the entire building. The donation location will be moved, as will the front entrance. They are requesting to increase the area of signage. This would double the amount of signage allowed. Sargent compared this request to the Rainbow sight signage. Nawrocki stated that the Rainbow site has multiple businesses. He asked if the Saves request includes the free standing sign in the lot. Sargent stated this request is only for signage on the building. The pylon sign will remain the same. Nawrocki questionedthe removal of outside storage. Sargent stated that they have agreed to clean this area up and bring material into the building in a timely manner. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010-41, there being ample copies available to the public. Upon vote: All ayes. otion carried. otion by Kelzenberg, second by Diehm, to adapt Resolution No. 2010-41, approving a 200 square foot area variance for additional wall signage for the Savers store heated at 4849 Central Avenue, subject to the conditions outlined in Resolution No. 2010-4 L Upon vote: AlI ayes. Motion carried. F. HVAC Preventive Maintenance Services for John P. Murz Fehst stated that the only further involvement Honeywell would have would be a yearly audit to reimburse us for savings guaranteed to us. Nawrocki questioned how much we were paying Honeywell. Windschitl indicated $23,000. This agreement would be for preventative maintenance and cost of repairs. The yearly audit will cost approximately $2,500. We would still deal with Honeywell. on any warranty work. Motion by Williams, second by Kelzenberg, to accept the proposal for HVAC Preventive Maintenance Services, proposal #P10-0130, from NSI Horwitz for John P. Murzyn Hall effective June I5, 2010, based upon their low, qualified, responsible proposal and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. City ~'cuneil Minutes Monday, June 14, 2010 Page 4 of 12 J. Approve payrnent of the bills remove Nawrocki requested removal of $22 from check # 134959 to Scott Clark for $178.68, for a food reimbursement. Bill Elrite, Finance Director, stated that the city was reimbursed this amount. Nawrocki questioned the policy on staff meals. Motion by Nawrocki, second by Diehm, to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 134886 through 135091 in the amount of $1,443,755.42. (Redztced by X22) Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010-43, 3849 Haves Street N.E., 2010-44. 4000 6th Street N.E.. and 2010-45, 675 47th Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights• Fire Chief Gary Gorman indicated retaining wall violations at 3849 Hayes Street and only partial repairs completed at 4000 6`h Street. 675 47Th was brought into compliance. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010-43 and 2010-44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010-43 and 2010-44, 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 serried. E. Adopt Resolution 2010-42, 1008-1010 Gould Avenue N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the Property Maintenance Code. -removed D. 1st Reading: Ordinance 1582. Zoning Amendment to rezone 4555 Washington Street from R-2B to R-2A. Sargent explained the history of the property. In 2005 the city rezoned the R2 district; the R2B district was for all current duplexes. Upon inspection, this property was not a duplex, requiring rezoning back to R2A. Nawrocki asked if there is a second family living there. Sargent stated there were two families there, with one family removed from the uninhabitable lower level. Motion by Nawrocki., second by Diehm, to waive the reading of Ordinance No. 1582, being ample copies available to the public. Upon vote: All ayes. Motion carried. Cit`y~ Council Minutes Monday, June 14, 2010 Page 5 of 12 Motion by Nawrocki, second. by Diehm, to set the second reading of Ordinance No. 1582, for Monday June 28, 201.0, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. E. 1st Reading of Ordinance 1581, being a zoning_arnendment as it relates to outdoor seating. Sargent referred to dining establishments requesting out door eating areas allowing alcohol. The Police Chief has requested there be a level of safety for this use. Staff proposed a zoning amendment to the Planning and Zoning Commission (P&Z). Following discussion, the proposal was voted down by a two to one vote. Staff feels there is a need to separate outdoor dining/drinking from the general public. Peterson stated that he spoke against this ordinance at the P&Z meeting, as he felt it is too restrictive in nature. He referred to Albert's outdoor seating, which is not fenced, but patrons should be allowed to sit outside and have a sandwich and a beer. If this area were required. to be fenced, patrons would not be able to enter from the front of the restaurant. Children are allowed inside where adults are eating and. drinking. Peterson stated that the SWW outdoor area is overkill. Ordinances can. not be written to ft every situation. Nawracki agreed with the Pollee Chief's recommendation and referred to bottles purchased at liquor stores then dropped in the gutters and along the road. The outdoor seating is for smokers. Nawrocki asked that the blinking lights at Pyromaniacs be reviewed. Jim Hoeft, City Attorney, stated that applicants would need to include outdoor seating areas in their application as part of the premises. Currently, the Police Chief must consider what would deter the passing of liquor. The Police Chief does not want to be in that situation. Staff is trying to create objective standards and take the regulation from the police department and put it where it belongs, in the Community Development Department. If nothing is done, this decision will. remain with the Police Chief. This ordinance does not add new restrictions. Diehm indicated this was discussed when the new Police Chief began, as the past Chief was very restrictive. We need to consider how to encourage new establishments. The Chief is requesting this process be given to Community Development. Diehm suggested meeting with members of the Police Department for additional ideas and comments. Peterson stated that every place is different. We are not inviting people to misbehave. Diehm questioned if this could be allowed at Albert's. Hoeft stated it would need to be included in the premise license. Peterson stated they would have to build a fence. Hoeft stated that would currently be up to the Police Chief, as there are no written requirements at this time. The wording of this ordinance indicates that a barrier around the area would be required and approved by the site plan. Sargent showed pictures of several businesses and indicated that if there is not a defined area business may spill out onto areas such as the city sidewalk. Sargent agreed to look at this further and meet with the Police Chief. Diehm requested examples from other communities. She gave an example of a St. Paul restaurant that had outdoor seating with no drinking allowed. pity C©unci! minutes Monday, June 14, 2010 Page 6 of 12 Sargent stated that he has not been approached by any business regarding this ordinance. Hoeft indicated again that these restrictions are already in place. The point is to put this process in the hands of the P&Z rather than the Police Chief. Diehm recommended holding a work session with the P&Z, City Council, City Attorney, and those holding a liquor license. Motion by William, second by Kelzenberg, to table the first reading of Ordinance 1581. Nawrocki disagreed, stating this ordinance was not overly restrictive. If a joint meeting is held, it should include members of the community. Upon vote: All ayes. M~ti®n e~rriecl. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. New Business and Reports -none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki requested that the City newsletter, scheduled to be delivered in August, include budget itifoa~nation. Nawrocki requested a gs°ass and general clean up inspection at Grand Central Lofts. Nawrocki stated that the proposed franchise cable agreement will be brought to the Telecommunications Commission on July 13. The public and the City Council are invited to attend. The next step after that is to bring the proposed franchise agreement to the City Council. There will no longer be a cable studio. We would keep channel 15, but not program city things on it. e will obtain our own equipment to place items on channel 16. Nawrocki questioned if the Met Couneii approved our Comprehensive flan. Fehst stated that he has not heard otherwise. Nawrocki suggested that with double digit budget increases over the Last several years the budget should be decreased by double digits, included salary cuts. Nawrocki read from a prepared statement regarding the economy. Nawrocki questioned the audit process. Elrite stated that it will be distributed before the end of June and formally presented to the City Council, by the Auditor, at the first meeting in July. Nawrocki indicated that the City will receive an Award of Excellence from the League of Minnesota Cities at their conference in June. Nawrocki. stated that he is attending the conference, at no cost to the city, and offered. to accept the award on behalf of the city. Fehst explained the award application and what an honor it is to receive this award. Our collaboration with the School District to build a new gym and the new public safety building were instrumental in the award application. Fehst suggested inviting a representative ofthe School District to attend the award ceremony. City Council irJinutes Monday, June 14, 2010 Page 7 of 12 Nawrocki referred to a resident letter regarding the bad maintenance of the new plantings along University Avenue. Fehst indicated that the State abdicated their responsibility to maintain this area, but we will maintain it as time allows. Report of the City Attorney -nothing to report. CITIZENS FORUM Mark Roskup, 4154 Stinson, stated that we do not need all of these ordinances as people know the difference between right and wrong. Use common sense and everything will work out. ADJOURNMENT Mayor Peterson stated: Don't forget your service men and women. Keep them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness. Peterson adjourned the meeting at 8:46 p.m. Patricia Museovitz CMC City Clerk RESOLUTION N0.2010-41 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAVERS WHEREAS, a proposal (Case # 2010-0601) has been submitted by Savers to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 200 square foot area variance far wall signage per Code Section 9.106 (P)(12}. WHEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on June i, 2010; 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: 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 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. 10 City Council Minutes Monday, June 14, 2010 Page $ of 12 CONDITIONS ATTACHED_ 1. All application. materials, maps, drawings, and descriptive information submitted with. the application shall become part of the permit. 2. The applicant shall obtain a permit prior to the installation of the signs. RESOLUTION 2010-43 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 Ronald R. Bullard (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes 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 May 20, 2010. 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 3, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 20, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 1, 2010 inspectors reinspected the property and found that 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: Shall repair the retaining walls on the property that have fallen down or are about to fall down. 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 3849 Hayes 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, cccupant, 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 3849 Hayes Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2010-44 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 Allen D. Rue and Mike J. Clairmont (Hereinafter "Owners of Record"). Whereas, the owner of record is the legal owner of the real property located at 4000 6`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 May 13, 2010° Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 5, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 11 City Council titinutes Monday, June 14, 2010 Page 9 of 12 2. That on May 13, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 3, 2010 inspectors reinspected the property and found that 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: Shall repair the 2' x 2' hole in the roof, shall replace all missing soffits on the building, shall repair any damaged light fixtures, shall replace any missing sheetrock on the canopy, and shall remove old, damaged electrical. equipment on post near the rear of the building. 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 4000 6`h 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 a[I 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 4000 6`~' 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. ® CE 1574 BEING AN ORDINANCE AMENDING ORDINANCE 1490 CITY CODE 2005 TO RE-ADOPT THE PERMIT FEE SCHEDULES FOR BUILDING CONSTRUCTION, PLUMBING/GAS, PIPING, HEATING/COOLING, FIRE SUPPRESSION, WRECKING AND MOVING, SIGNS AND OTHER RELATED CONSTRUCTION WORK; PROVIDING FOR THE COLLECTION OF PLAN REVIEW FEES; PROVIDING FOR THE COLLECTION OF THE STATE SURCHARGE FEE; AND FORMALLY ESTABLISHING A REFUND POLICY AS REQUIRED BY THE MN STATE BUILDING CODE. The City of Columbia Heights does ordain: Chapter 6, Article 2, Section 6.201 (C)2 Is hereby amended to include: Section 1. The State of Minnesota has increased the minimum surcharge collected on fixed fee permits, therefore the City needs to re-adopt the Fee Schedule to reflect this change. Section 2. Permit Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 326B.153. Therefore, Fees for Permits and Plan Reviews will be assessed in accordance with the attached Fee schedule that is being adopted by the City of Columbia Heights. In addition, a surcharge fee shall be collected on all permits issued far work governed by this MN State Building Cade in accordance with MN Statute 326B.148. Section 3. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. BUILIING PE T FEES -CITY OF COLUMBIA HEIGHTS ~aluata~ Fee Valuat:i®n Fee 0 - 800 35.00 801. - 900 35.70 901 - 1,000 38.75 25,001 - 26,000 401.35 1,001 - 1,1.00 41.80 26,001 - 27,000 411.45 1.1.01 - 1,200 44.85 27,001 - 28,000 421.55 1.,201 - 1,300 47.90 28,001. - 29,000 431.65 1.,301 - 1.,400 50.95 29,001 - 30,000 441.75 1,401 - 1,500 54.00 30,001. - 31,000 451.85 1.,501 - 1,600 57.05 31,001 - 32,000 461.95 1,601 - 1,700 60.10 32,001 - 33,000 472.05 1,701 - 1,800 63.15 33,001 - 34,000 482.15 1,801 - 1,900 66.20 34,001 - 35,000 492.25 1,901 - 2,000 69.25 35,001 - 36,000 502.35 2,001 - 3,000 83.25 36,001 - 37,000 512.45 3,001 - 4,000 97.25 37,001 - 38,000 522.55 4,001 - 5,000 111.25 38,001 - 39,000 532.65 5,001 - 6,000 125.25 39,001 - 40,000 542.75 6,001 - 7,000 139.25 40,001 - 41,000 552.85 12 City Council Minutes Monday, June 14, 2010 Page 10 of 12 7,001 - 8,000 153.25 41,001 - 42,000 562.95 8,001 - 9,000 167.25 42,001 - 43,000 573.05 9,001 - 10,000 181.25 43,001 - 44,000 583.15 10,001 - 11,000 195.25 44,001 - 45,000 593.25 11,001 - 12,000 209.25 45,001 - 46,000 603.35 12,001 - 13,000 223.25 46,001 - 4'7,000 613.45 13,001 - 14,000 237.25 47,001 - 48,000 623.55 14,001 - 15,000 251.25 48,001. - 49,000 633.65 15,001 - 16,000 265.25 49,001 - 50,000 643.75 16,001 - 17,000 279.25 50,001 - 51,000 650.75 17,001. - 18,000 293.25 51,001 - 52,000 657.75 18,001 - 19,000 307.25 52,001 - 53,000 664.75 19,00]. - 20,000 321.25 53,001 - 54,000 671.75 20,001 - 21,000 335.25 54,001 - 55,000 678.75 21,001 - 22,000 349.25 55,001 - 56,000 685.75 22,001 - 23,000 363.25 56,001 - 57,000 692.75 23,001 - 24,000 377.25 57,001 - 58,000 699.75 24,001 - 25,000 391.25 58,001 - 59,000 706.75 Valuation Fce Valuation Fee $ 59,001 - 60,000 713.75 106,001 - 107,000 1032.95 60,001 - 61,000 720.75 107,001 - 108,000 1038.55 61.,001 - 62,000 727.75 108,001 - 109,000 1044.15 62,00'1 - 63,000 734.75 109,001 - 110,000 1049.75 63,001 - 64,000 741.75 L 10,001 - 111,000 1055.35 64,001 - 65,000 748J5 111,001. - 1.12,000 1.060.95 65,001. - 66,000 755.75 112,001 - 113,000 1.066.55 66,001 - 67,060 762.75 113,001 - 114,000 1072.15 67,001 - 68,000 769.75 114,001 - 115,000 1077.75 68,001 - 69,000 776.75 115,001 - 116,000 1083.35 69,001 - 70,000 783.75 116,001 - 117,000 1088.95 70,001 - 71,000 790.75 117,001 - 118,000 1094.55 71,001 - 72,000 797.75 118,001 - 119,000 1100.15 72,001 - 73,000 804.75 119,001 - 120,000 1105.75 73,001 - 74,000 611.75 120,001 - 121,000 1111.36 74,001 - 75;000 818.75 121,001 - 122,000 1116,95 75,001 - 76,000 825.75 122,001 - 123,000 1122.55 76,001 - 77,000 832.75 123,001 - 124,000 1128.15 77,001 - 78,000 839.75 124,001 - 125,000 1133.75 78,001 - 79,000 846.75 125,001 - 126,000 1139.35 79,001 - 80,000 853.75 126,001 - 127,000 1144.95 $0,001 - 81,000 860.75 127,001 - 128,000 1150.55 81,001 - $2,000 867.75 '128,001 - 129,000 1156.15 82,001 - 83,000 874.75 129,001 - 130,000 1.1.61.75 83,001 - 84,000 881.75 130,001 - 131.,000 1167.35 84,001 - 85,000 888.75 131,001 - 132,000 1.172.95 85,001 - 86,000 895.75 132,001 - 133,000 1178.55 86,001 - 87,000 902.75 133,001 - 134,000 1184.1.5 87,001 - 88,000 909.75 134,001 - 135,000 1189.75 88,001 - 89,000 916.75 135,001. - 136,000 1195.35 89,001 - 90,000 923.75 136,001 - 137,000 1200.95 90,001 - 91.,000 930.75 1.37,001 - 138,000 1206.55 91,001 - 92,000 937.75 138,001 - 139,000 1212.15 92,001 - 93,000 944.75 139,001 - 140,000 1217.75 93,001. - 94,000 951.75 140,001 - 141,000 1223.35 94,001. - 95,000 958.75 141,001 - 1.42,000 1228.95 95,001 - 96,000 965.75 142,001 - 143,000 1234.55 96,001 - 97,000 972.75 143,001 - 144,000 1240.15 97,001 - 98,000 979.75 144,001 - 145,000 1245.75 98,001 - 99,000 986.75 145,001 - 146,000 1251.35 99,001 - 1.00,000 993.75 146,001 - 147,000 1256.95 13 City CcunC21 Minutes Monday, June 14, 2010 Page 11 of 12 100,001 - 101,000 999.35 147,001 - 148,000 1262.55 101,001 - 102,000 1,004.95 148,001 - 149,000 1268.15 102,001 - 103,000 1,010.55 149,001 - 150,000 1273.75 103,001 - 104,000 1,016.'15 150,001 - 151,000 1279.35 104,001 - 105,000 1,021.75 151,001 - 152,000 1284.95 105,001 - 106,000 1,027.35 152,001 - 153,000 1290.55 Valuation Fee $100,001.00 to $500,000.00 154,001 - 155,000 1,296.15 $993.75 for the first 155,001 - 156,000 1,301.75 $100,000.00 of valuation. plus 156,001 - 157,000 1,307.35 $5.60 for each additional 157,001 - 158,000 1,312.95 $1,000.00 or fraction thereof 158,001 - 159,000 1,318.55 up to and including 159,001 - 160,000 1,324.15 $500,000.00. 1.60,001 - 161,000 1,329.75 161,001 - 162,000 1,335.35 162,001 - 163,000 1,340.95 $500.001.00 to $1,000,000.00 163,001 - 164,000 1,346.55 $3,233.75 for the first 1.64,001 - 165,000 1,352.15 $500,000.00 plus $4.75 for each 165,001 - 166,000 1,357.75 additional $1,000.00 of value 166,001 - 167,000 1,363.35 or fraction thereof to and 167,001 - 168,000 1,368.95 including $1,000,000.00. 168,001 - 169,000 1,374.55 169,001 - 170,000 1,380.15 $1,000.001.00 and up 170,001 - 171,000 1,385.75 171,001 - 172,000 1,391.35 $5,608.75 for the first 172,001 - 173,000 1,396.95 $1,000,000.00 of value plus 173,001 - 174,000 1,402.55 $3.65 for each additional 174,001 - 175,000 1,408.13 $1;000.00 of value or fraction 175,001 - 1.76,000 1,41.3.75 thereof. 176,001 - 177,000 1,419.35 177,001 - 178,000 1,42495 118,001 - 179,000 1,430.55 Plan Revievr Fees 179,001 - 180,000 1,436.15 180,001 - 181,000 1,441.75 65% of Permit Fees 181,000 - 182.000 1,447.35 182,001 - 183,000 1,452.95 183,001 - 184,000 1,458055 184,001 - 185,000 1,464.15 Investigation Fees - Ec~uai to 185,001 - 186,000 1,469.75 and in addition to permit fee. 186,001 - 1.87,000 1,475.35 187,001 - 188,000 1,48095 188,001 - 189,000 1,486.55 Surcharge. As mandated 189,001 - 1.90,000 1,492.15 by State of Minnesota 190,001 - 191,000 1,497.75 191,001 - 192,000 1,503.35 192,001 - 193,000 1.,508.95 193,001 - 194,000 1,514.55 194,001 - 195,000 1,520.15 195,001 - 196,000 1.,525.75 196,001 - 197,000 1,531.35 197,001 - 198,000 1,536.95 198,001 - 199,000 1,542.55 199,001 - 200,000 1,548.15 200,001 - 201,000 1,553.75 HEATINGlCOOLING PERMITS Fees for Residential Mechanical Permits shall be calculated as follows on a per unit basis, with a minimum permit fee of $35.00. Surcharges shall be collected as mandated by the State. Air Conditioner $25 Gas Dryer $10 Air to Air Exchanger $l5 Gas Piping $10 14 Chimney liner $10 Gas Range/Oven $10 Ductwork $10 Gas Grill $10 Fireplace (Gas or Wood) $50 Pool Heater $10 Furnaces boilers up to 125,000 btu input $50 Furnaces/boilers over 125,000 btu input $75 Fees for Commercial/Industrial/Institutional Mechanical Permits will be based on total cost of work calculated by using the Building Permit Fee Schedule. The total cost of work shall include all labor and materials supplied by the contractor. The minimum Permit fee shall be $35.00. The surcharge shall be calculated as mandated by the State. PLUMBING/GAS PIPING PERMTTS Residential Permit Fees shall be computed on the basis of the number of fixtures provided for in the permit in accordance ~flth the fo~os:~:ng schedule: Residential is defined as single family, two family dwelling, townhouse unit and multi-family unit. Fees for Group "A" fixtures at $10.00 each with a minimum fee of $35.00 Bathtub floor drain sink Gas Piping Bidet poal heater water closet Water supply-inside Backflow prev. laundry tray Washer Sewer repair-inside Dryer lavatory Water softener Water supply-outside Dishwasher shower Water Heater Sewer supply-outside Surcharges shall be collected as mandated by the State. Fees for Commercial/Industrial/Institutional Plumbing Installations/Repairs will be based on the total cost of the work calculated by using the Building Permit Fee Schedule. The total cost of the work shall include all tabor and materials supplied by the Contractor. The Minimum Fee shall be $35.00. The surcharge shall be calculated as mandated by the State. 5EWER/WATER PERMITS Permits will be required far all installation, alterations, repairs of any domestic water or sewer tines, commercial water/sewer lines or any water line to be used for fire suppression systems. For any job requiring City crews to make a water or sewer tap, the Contractor must provide an OSHA approved trench box before City Crews will perform tapping operations. Fees will be $35.00 plus parts and tax when applicable. Surcharges shall be collected as mandated by the State. PERMITS FOR WATER METERS The fees collected for the installation of water meters for residential, commercial, industrial, institutional installations will be calculated at 15% aver the cast of the meter, plus sales tax. No surcharge will be collected. FIRE SUPPRESSION/SPRINKLER PERMITS Permit fees and surcharge will be figured by using the same fee chart as for Building Permits based on the cost ofthe job. DEMOLITION PERMITS Permit fees and surcharges will be based on same schedule as for a building permits, based on the cost of the job. MOVING PERMITS Fees for the moving or raising of any minor building such as a utility building or garage will be calculated at a fee of $50.00 per structure. Fees for the moving or raising of all other building will be calculated at a fee of $100 per structure. Permits will be required if passing through the City off of US Highways or County streets. Fees to be calculated at $50 per structure. INSTALLATION/REMOVAL of FLAMMABLE/COMBUSTIBLE STORAGE TANKS and LP GA5 TANKS Fees for the installation, removal, or alteration of any above ground or below ground storage tanks or LP tanks will be calculated at $35.00 per tank. All installations must be approved by the State Fire Marshall and local Fire Dept. STREET EXCAVATION/DUMPSTER PERMTTS Permits are obtained at the Public Works Dept. Fees will be charged for the permits, but no surcharge is collected. REFUND POLICY The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official may also authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid. is withdrawn or canceled before any plan reviewing is done. The Building Official shall only authorize refunding of any fee paid when a written request has been submitted, by the original applicant, not later thar~~80 days after the date of fee payment. ECONOMIC DEVELOPMENT AUTHORITY (EDA} MIl~IUTES OF THE REGULAR MEETING May 25, 2010 The meeting was called to order at 7:00 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Tammera Diehm, Gary Peterson, Gerry Herringer, Bobby Williams, Bruce Kelzenberg, and Marlaine Szurek (arrived at 7:10 pm). Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. 2. PLEDGE OF ALLEGIANCE- RECITED 3. CONSENT AGENDA 1. Approve the Minutes of April 27, 2010. 2. Approve the Financial Report and Payment of Biils for April 2010 per Resolution 2010-07 Motion by Nawrocki, seconded by Herringer, to waive the Reading of ~Resolr~tion 201 Q-(J7, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Nawrocki, seconded by Herringer, to approve the minutes and to adapt Resadutian 2Q10-07, approving Financial Rep~art and payment ®f bills for April 2Q1 Q. Adl ayes. Ii~I07'ION PA,S°SED. EDA RESOLUTION 2010-07 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR APRIL 2010 AND PAYMENT OF BILLS FOR THE MONTH OF APRIL 2010. WHEREAS, the Columbia Heights Economic Development Authority (EDA} is required. by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and AS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and. if correct, to approve them by resolution and enter the resolution in its retards; and WHEREAS, the financial statement for the month of April 2010 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statement and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and 16 EDA MII`1iJTES PAGE 2 MAY 25, 2010 BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved far payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 25`'' day of May, 2010. BUSINESS ITEMS 4. 37t° and Central-2°d Amendment to the Development Agreement Resolution ZO10-08 On June 24, 2008 the City, EDA and 37`'' and Central LLC, entered into a contract for private redevelopment, located at the northwest corner of 37t" and Central Avenue. The minimum improvements in the contract is construction of a building containing at least 9,000 square feet of commercial redevelopment and related improvements. On April 28, 2009 the EDA extended the commencement and construction dates for one year. Due to current economic market conditions and exploration of other development options, 37`" and Central LLC has requested completion date amendments to the development contract. The following table represents the amendments. Ori 'nal Date first Amendment) Pro osed Amended Date Commence Construction Ma 1, 2010 Ma 1, 2011 Com late Construction Janua 1, 2011 Janua 1, 2012 Staff recommends the EDA amend the development contract as requested to change commencement and completion dates for the redevelopment of 37`h and Central. questions from me~rbers: Nawrocki asked what constitutes a "commencement date". Carntey told him when the building permit is issued. Motion by Ilerringer, seconded by Diehm, to waive the reading of Resolution 2010-08 there being ample copies available. All ayes. MOTION PASSED. Motion by Herringer, seconded by Diehm, to Adopt Resolution 2010-08 approving the second amendment to the contract for private development between 37`h and Central LLC, and the EDA dated June 24, 2008, changing commencement and completion dates. All Ayes. MOTION PASSED. RESOLUTION NO.2010-08 RESOLUTION APPROVING A SECOND AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND 37~' AND CENTRAL LLC BE IT RESOLVED By the Board of Commissioners ("Board") of the Columbia Heights Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority and 37th alld Central LLC (the "Redeveloper") entered into a Contract for Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto dated Apri128, 2009 (the 17 EDA MINUTES PAGE 3 MAY 25, 2010 "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located west of Central Avenue at 37"' Street. 1.02. The parties have determined a need to amend the Contract to facilitate the leasing of the Minimum Improvements by granting an extension to the Redeveloper for the commencement of construction to May 1, 2011 and completion of construction to January 1, 2012. 1.03. The Board has reviewed a Second Amendment to the Contract andfi_nds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. Authority Approval; Further Proceedings. 2.01. The Second Amendment to the Contract as presented. to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction. and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Second Amendment to the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 25th day of May, 2010. SECONia AMENDN'IC TO COT CT FOR ATE E LOPEN7C THIS AGREEMENT, made on or as of the 25th day of May 2010, by and. between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY; COLUMBIA HEIGHTS, MINNESOTA., a public body corporate and politic (the "Authority"), established pursuant to Minnesota Statutes, Sections 469.090 to 469.IOSI (hereinafter referred to as the "Act"}, the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City"}, and 37TH AND CENTRAL LLC, a Minnesota limited liability company (the "Redeveloper"}. WHEREAS, the City, the Authority and the Redeveloper entered into that certain Contract far Private Redevelopment dated as of June 24, 2005, as amended by a First Amendment thereto dated April 25, 2009 (the "Contract"} providing far the redevelopment of certain property described as the Redevelopment Property in the Contract; and WHEREAS, under Section 4.3(a} of the Contract, the Redeveloper is obligated to commence construction of the Minimum Improvements (as defined in that section) located on the Redevelopment Property and. substantially complete such construction by January 1, 2011; and WHEREAS, the Redeveloper has requested the City and the Authority to extend the time for commencement and completion of construction due to its inability to lease space in the Redevelopment Property to tenants who fit the needs of the City due to the ongoing problems in the credit markets; and WHEREAS, the parties have determined a need to amend the Contract in order to allow the Redeveloper sufficient time to lease the Redevelopment Property and construct the Minimum Improvements thereon. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them. does hereby covenant and agree with the other as follows: 1. Section 4.3 of the Contract is amended. read as follows: 18 EDA COMMISSION MINUTES PAGE 4 MAY 25, 2010 Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements by May 1, ?8-1~; 2011 and must substantially complete construction of the Minimum Improvements by January 1, 28-I-1-, 2012. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority and the City. If the Redeveloper is making substantial progress with respect to the redevelopment project, and is unable to meet one or more of the above-referenced deadlines, the Authority and the Redeveloper shall negotiate in good faith for a reasonable period to extend the time in which necessary action(s) must be taken or occur, the lapse of which time would otherwise constitute a default under this Agreement. 2. All other terms and conditions of the Contract shall remain fully in effect unless amended as provided therein. IN WITNESS WHEREOF, the Authority has caused this Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed, and the City has caused. this Amendment to be duly executed in its name and behalf and its seal to be hereunto duly affixed, and the Redeveloper has caused this Agreement to be duty executed in its name and behalf on or as of the date frst above written. 5. ADMINISTRATIVE REPORT 1. Clark told members that staff recently had a meeting with various parties regarding the Root property located at 40t" and University Ave. This property recently had a fire that severely damaged the structure so it needs to be demolished as soon as possible for safety reasons. However, there are concerns about the aanount and type of contamination that may be present on the site. Community Development staff has taken aver the demolition process from the Fire Department. Bids were obtained for an Environmental Survey and once that is complete, staff will obtain bids for the demolition, hopefully by July. Clark stated that the owners have a DEED grant to help with the assessment costs that would cover 75% of the costs with. a 2.5% equity match. The owners, however, are having a hard time coming cep with the $5,000 estimated as their share, to move forward with this. Clark stated the City has approximately $60,000 in abatement costs so far against the property, and he estimates another $25,000 more in the future, so he doesn't want to lose this grant ifthey don't make the match. Nawrocki asked who would be paying for the clean up? Clark explained that all expenditures would be assessed to the property through the abatement process. 1°~iawrocki stated that the abatement costs may go aver $100,000 and he is concerned that the property may nat be worth that much, and therefore, the City would not recoup its expenses. Clark responded that the building is dangerous and has to come down. The only way to accomplish this is to go through the process being discussed. Herringer asked. how large the parcel is. Clark stated it is approximately 2 % acres in size and reminded members that any action taken will go to the City Council for approval. 2. Clark reminded Commission members that a goal setting session would be held this summer. A survey was enclosed in the agenda packets in order to create a baseline for concerns and issues. The survey was distributed to the EDA Commission members, the P & Z Commission members, and approximately 30 staff, in order to have a broader based opinion in which to work from. Clark told members his plan is to schedule an Economic Development Summit at the June meeting. He is inviting 6 or 7 Developers to give their opinions as to what they think would be successful re- 19 EDA COMMISSION MINUTES PAGE 5 MAY 25, 2010 development projects for the City based on the current market. After listening to the presentations at the June meeting, he would then like to schedule the goal setting session for the July meeting. Nawrocki said the group has done this before. He asked how many staff would be involved in this process. Clark said the only staff would be the City Manager, the Asst. Community Development Director, the Commission Secretary, and himself. Nawrocki asked who the 30 staff people were that Clark had mentioned earlier. Clark clarified. that 30 staff would be filling out the survey, not be involved in the goal setting session. Nawrocki thought that people who Lived in the community should be filling out the survey instead of employees that don't live here. 6. OTHER BUSINESS Clark explained the Commission would be adjourning to go into an Executive Session. He explained the legal procedure that must be followed during this meeting to the members before adjourning to the session. Move to Executive Session at '7:15 pm- To discuss negotiations to acquire Mady/Fuss property at 3919-3927 Central Avenue with possible reference of 3901 Central Avenue. The meeting was re-convened at 8:10 pm. Nawrocki wanted an update on the Grand Central Property Development. Clark told members there isn't anything new to report since the City Council denied the proposal to build two rental buildings on that site. Nawrocki asked if staff has had any contact with the commercial developer. Clark said that the developer had hired a broker, but there hasn't been any recent communication with either of them. Nawrocki then stated he wanted staff to check on the length of grass on the residential portion of that site. Motion by Diehm, seconded by I~el~enberg, to schedule the next regular EDA meeting for .Tune 2~; 201 U at the Publie Safety Training Room. All ayes. MOTION PASSED. 'The meeting was adjourned at x:10 ptno Respectfully submitted, Shelley Hanson Secretary zo ECONOMIC DEVELOPMENT AUTHORITY (EDA} 1btIl~TIJTES OF THE EXECUTIVE SESSION May 25, 2010 The (executive session) closed meeting was called to order at 7:20 pm by President-Gary Peterson. Members Present: Bruce Nawrocki, Tammera Diehm, Gary Peterson, Gerry Herringer, Marlaine Szurek, Bobby Williams, and Bruce Kelzenberg. Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. A discussion was held to consider the purchase of the Mady/Fuss property at 3919-3927 Central Ave and to give staff direction. whether to proceed with negotiations. No formal action was taken by the Board. Motion by Szurek, seconded. by Williams to adjourn the Executive session at 8:05 pm and to re- convene the regular meeting. All Ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary 21 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: June 28, 2010 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: Establish Executive Work BY: Walter R. Fehst BY: ~~ ~!~~- ~% Session Meeting Date-July 12, `10 DATE: June 23, 2010 - ~~ NO: DATE: It is suggested to schedule a City Council Executive Work Session, for the purpose of discussing labor contract negotiations, immediately following the Monday, .Iuiy I2, 2010 City Council meeting, in Conference Room 1. CO E ED OTION° MOTION: Move to schedule a City Council Executive Work Session for the purpose ofdiseussing labor contract negotiations, immediately following the Monday, 3uly 12, 2010 City Council meeting, in Conference Room 1. COUNCIL ACTION: 22 CITY COUNCIL LETTER Meetinn nf.tune 2R ~~1(1 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVA -~ ITEM: Approve Receipt of Grant-Funded Purchase of BY: Scott Nadeau~'f BY: •o ; Electric Bicycles and Defibrillators DATE June 4, 2010 DATE: ' NO. BACKGROUND The Columbia Heights Police Department is partnering with other Anoka County agencies in another round of federal Justice Assistance Grant (JAG} funding. Columbia Heights' share of this grant is $16,529. Once again, the Coon Rapids Police Department has offered to act as fiscal agent far the grant in exchange far a 10°!o share of other departments' funding amounts, or $1,652.90 in our case. Therefore, our total spendable grant money will be $14,876.1(1. Under the. terms of this grant agreement, the usual requirements for governing body review and public review are handled by the fiscal agent. This item is being brought forward for Council review and information, and to allow the Council to accept the items intended to be purchased with the grant funding. The following is an explanation of the items that will be purchased through these grant funds. Two A2B Electric Bicycles The Police Department seeks to improve operational effectiveness in dealing with drug control and juvenile gang activity through the purchase of two electric bicycles to enhance patrol efforts. Historically bicycles have proven to be a successful alternative mode of patrol, allowing officers access to areas inaccessible by squads such as park paths, and offering increased personal interaction between the officer and citizens. The nearly silent operation of bicycles and their increased efficiency over foot patrol make bicycle patrol ideal for intervening in drug sales, gang and tag graffiti vandalism, and myriad other types of criminal activity. The many hills in Columbia Heights previously limited the viability of bicycle patrol for quick response to reports of criminal activity.. The A2B offers the flexibility of a regular 7-speed bicycle along with the ability to switch to abattery-powered electric motor that can propel the bicycle in excess of 20 MPH. Whether operated manually or electrically, the whisper quiet A2B will enhance police effectiveness in the intervention of street level drug activity and other crimes. four Automated External I}efi8~rillators {AEID's) As early as 1999 police agencies in Anoka County began equipping their patrol officers with AED's. Studies have shown that survival rates increase significantly when AED's are included in the emergency treatment of sudden cardiac arrest. Lay rescuer AED programs consisting of police in Rochester, Minn., security guards in Chicago's O'Hare and Midway airports, and security guards in Las Vegas casinos have achieved 50-74 percent survival for adults with sudden, witnessed, VF cardiac arrest {American Heart Association, 2010). 23 June 28, 2414 Council Meeting Page 2 Police officers in Columbia Heights patrol the city's streets 24 hears a day and are often the first on scene of incidents involving sudden cardiac arrest. Early CPR and defibrillation within the first vital 3 to 5 minutes can increase survival rates by over 54 percent (American Heart Association, 2010). Latest US Census results indicate that the median age in Columbia Heights is greater than the national average, and that 18.7 percent of the population {3,455) is 65 years of age or alder compared to 12.4 percent nationally. tl~ith a higher than average population at risk for sudden cardiac arrest, the City of Columbia Heights anticipates a lifesaving return on the investment in equipping patrol officers with these critical lifesaving devices. ANAL'YSISIC~9IVCL~CJSlIC3li~ With fiznding from this JAG Grant, it is the Police Department's intention to purchase tv~o A2B electric bicycles at a cost of $7,827.98, and four Automated External Defibrillators {AEI3's) at a cost of 6,500. This puts us within our grant funding amount of $14,876.10. M®TI(}N Move to authorize the Mayar and City Manager to enter into a Memo of Understanding with Anoka County agencies for the receipt of $16,529 in federal Justice Assistance Grant Funds, 10%,of which will go to Coon Rapids for their role in administering the grant. i Move to approve the Police Department's receipt of two A213 electric bicycles and flares Automated External Defibrillators {AED's) through grant the current 2014 round of Justice Assistance Grant ding to Anoka County agencies administered by fiscal agent Coon Rapids Police Depa ent. kao COUNCIL ACT1(}N 24 2010 Byrne JAG Grant Equipman# Cos# ®e#aii 2 A2B Electric Bicycles $7,827.98 4 Philips FRx AEl3s, extra electrodes $6,50{}.0(1 wr/Pediatric keys and Pelican cases T®tal Cost $14,327.98 Grant $16,529.00 less 90°!o Admin. Fee ($1,652.90) Funds Available $14587fz.10 Less Total Costs ($94,327.98) Total Remaining F€znds $548.92 25 • ~9c~13 SEGWFIY~ Pral`arma INVOICE 8-Jun-10 Columbia Heights Police Department John.Rogers@ci.columbia-heights.mn.us Scott Nadeau, Chief of Police sca#t.nadeau@ci.columbia-heights.mn.us 825 - 41st Avenue NE Te! 763-706-8105 Columbia Heights, MN 55421 Fax 763-706-8126 ITEM QTY PRICE EXTENDED A2B Police Dike, Black ! It~hite 2 $ 2,699.00 $ 5,398.09 Chassis: F0021 F0021 Battery: SAWDAB l SAlNDAB) SwitchModule: lJMS08C i UMS08G Motor. UM09301 UM0930~ UltraMatorAuxiliary "B" Li-lon Battery 2 699.99 $ 1,399.98 Battery: SATDA 1 SATDA 3M Scatchhlite POLICE Reflectivity 2 115.50 231.90 MiNewt Mini USB .LED Headlight 2 ~ 99.99 $ 199.98 PannierlTrunk Bag w/ QuickRelease 2 ~ 154.98 ~ 309.96 Rear Rack 2 89.95 179.90 ,. _. B28 Segway 5500 W 36th Street Main: 952-224-0897 St. Louis Park, MN 55416 USA Fax: 952-405-2659 Toll Free: 888.697.3492 26 e~etri~ A,ZB 'T`echnical Specification Maximum road speed under power - 20 mph ® Up to 20 miies'~ unassisted range (egtendable to 4U miles"~~} a Battery chemistry: lithium ion Nominal voltage: 36 volts Continuous power output: 500W e Real-time state-of-charge indicator s Frame: TIG welded 6061 aluminum s Suspension (front): Ultra Motor shock absorbing front fork (80mm travel) ® Suspension (rear): Ultra Motor shock-absorbing swing arm {30mrn travel} Tires: 20 x 3.Q Kenda Kraze • Gears: Shimano Alivio Derailleur with 7-speed twist shift ® Brakes (front and rear): Avid 1385 disc brakes ® Saddle: oversized Ultra Motor comfort saddle ® Weight of A2B Metro with battery: 721bs a MSRP: $2499 USD Dependent on rider weight, pedaling and terrain ~~ Based on the addition of the secondary battery pack y s-~c~ i?'~'t -- _. - -?.f ~ _ . ,._ __ „e ' ~~ ~" .''~•,~ ~..~~ .n., ~'' ~ - - . -_ r. _. _ `'_ { , _ ~, ,i ~ '~~n „~ ~~ r f '` ~'~s~~'~ f „~,.,, ,~`~ 'a s ~, Asa, J,r*~~.r'3v-x»' '~ r ~4., ~ Yi1~ F ~~ -.~ A. ~''~ A. Community Service of Attina Hospitals c~ Clinics . Make your community Heart SafeI June 2, 2010 Quote for: Columbia Heights Polio Department Attn. Erik Johnston Philips Fi2x AEI, extra electrodes, Aliina ready kit and medical oversight ($1550 x 4) $6000 Pediatric Key t$70 x 4 - $280 discount) No Charge Hard Pelican Case atypically $150; X125 x 4 - X100 discountl $500 Total cost $6500 Expected AED delivery from time of order is within four weeks. Thank yt~u, KI lie enderfer Heart Safe Project coordinator Allina Hospitals & Clinics 167 Grand Avenue St. Paul, MN 55102 Kim, Bemenderfer~Allina.com 651-228-8470 ~~~ ~~ .~. ~~,~~~.- ~~~.~~ rLllinu Hos(~i~nls c~~ C'li~iics 28 AGREEi1~IENT Ft9R THE ADMINISTRATIQN OF . THE EI3V1~'ARI3 BYRNE MEMORIAL JTJSTICE ASSISTANCE GRANT (JAG} PROGRAM FY 2d1d LOCAL SOLICITATION THIS AGREEMENT is made and entered into on the day of 2d2d, by and between the City of Coon Rapids, acting by and through its City Council, and Anoka County, acting by and through its County Carnmissianers, and the City of Fridley, acting by and through its City Council, and the City of Columbia Heights, acting by and through its City Council, all of Anoka County, State of Minnesota witnesseth. EIt S, the City of Coon Rapids has agreed to act as fiscal agent for JAG funds on behalf of Anoka County, and the cities of Fridley and Columbia Heights; and WHEREAS, Anoka County and the cities of Fridley and Columbia Heights agree tb reallocate 1d°!~ of their JAG funding amount to the City of Cohan Rapids for a 'strative costs ' a ' piste ' g the JAG fun g progr ;and EIZEASg oka County d the cities of Fridley and Colu bia Heights have sub `fled docu entation to the City of Coon Rapids detailing how their JAG monies will be spent; and WHEREAS, Minnesota Statute ~ 477..59, subd. 2 allows two or more governmental orate, by agreement entered into by their governing bodies, to jointly or cooperatively exercise any power common to both contracting parties; and further it allows one party to act on behalf of other participating units of government; and 29 WHBTtEAS, each governing body finds that the performance of this Agreement is in the best interests of the parties, that the undertaking will benefit the public, and that the reallocation of funds fairly compensates the City of Coon Rapids for the administrative services under this agreement: and ~+VHEIiEAS, the cities of Caan Rapids, Fridley, Columbia Heights, and Anoka County believe it to be in their best interests for the City of Caon Rapids to act as fiscal agent for purposes of this Agreement. I~l'E~ E1~El~O-Y~E, the cifiies of Caan itapids, ]?rzc€ley, Csal bia Heights, and Anoka County agree as fmllows: Section ~.. Anoka County agrees to allocate $1082.70 of its $10,827.00 individual eligible allacatian of JAG funds to the City of Coan Rapids far administrative costs. City of Fridley agrees to allacate $1,678.50 of its $16,785.00 individual eligible allocation of jAG funds to the City of Caon Rapids far adxxurtistrative costs. City of Columbia sleights agrees to allocate $1,652.90 of its $1b,529.00 individual eligible allocation of jAG funds to the City of Caon Rapids for administrative costs, Section 2. City of Coan Rapids shall administer the jAG funds according to guidelines established in the jAG program guidelines and consistent with State Law and generally acceptable accounting standards. 2 30 Section 3. Nothing in the performance of this Agreement shall impose any liability far claims against any of the parties .to this Agreement other than claims far which liability may be imposed by the ~.Viu' nesata Tart claims Act. Section 4. lach party to this agreement will be responsible for its own actions in the use of funds under the JAG Program•and shall not be liable far any civil liability that may arise from an~r action of any ether party to agreement. Section 5. lay entering unto this a anent, the parties da net intend to create any obligations express ar implied ether than these set out herein; further, this agreement shall net create any rights in any party not a signatory hereto. Section 6. ° Agreement may be executed in counterparts as o~ the day first written above. 3 31 Ci1Ey of boon Rapids Dated this day of , 2010. CITY of Coon Rapids, Minnesota Mayor ATTFsST: City Manager A RO D AS TCJ FO City Attorney 4 32 ~ii~r of Fridley Bated this day of , 2010. CITY of Fridley, Mulrtesota Mayor 1~TT' City Manager A.PPRQ I? AS TC3 Ft~RM, City attorney 5 33 Ci~r ®£ Calt~lbia Heigh~Es Dated this day of . 201Q. CITY of Colurx~bia Heights, Minnesota Mayor ~TTFSTg City Manager APPRC7'VfiD AS T4 FARM: City attorney 6 34 Anoka Caur~fy Dated this day of , 2010. ~~~ntar of pu ~?~~, Mirnes:;~. Chain Anoka Co€anty Board Commissioners County of Anoka, Minnesota County Administxatox RC? D AS '~' FC3 ~'o;~nty ~,€ Anoka, Mi~u~esota Assistant ~o~xnty.Attoxney 7 35 CITY Ct}(.INCIL LETTER Meeting ofJune 28.2414 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE , APPROVAL.: .~ ITEM: Authorize Mayor and City Manager to BY: Scott Nadeau BY: ~ . ~ '` ~ , ,; Enter into Contract for Car Wash Services DATE 3une 16, 2414 DATE: t NO. BAGI~GROUND The City's current contract for car wash services with Jeff's Bobby and Steve's AutoWorld expires an July 31, 2010. In preparation far this, letters and bid sheets were sent to two local car wash vendors. Copies of the letter and bid sheet are attached. One other local vendor, Holiday, was not asked to participate in the bidding process. The Police ©epartment has contrasted with them in the past and did not find their service to be acceptable. In addition, they do not provide the interior detailing and biohazard cleaning that is required. ANALYSES/CGNCLUSI(3N After bath bids were received on June 1, 2010, Columbia Heights Police Department staff opened and reviewed the bids; see attached Tow Bid Summary. In reviewing the bids, it was determined that the Polies Dep ent would recommend contracting with Jeff's Bobby and Ste~re's Auto~lorld far the following reasons: 1. they provide 24-hour car wash service, 2. they provide on-site biohazard cleanup, 3, the Police Department has been pleased with their car wash service. ile A.utoWorld's bid for unlimited standard car washes ($1,50lyear) is slightly higher than Mister Car `vVash's bid ~~1,500},rhe Police Dep ent feels That this difference is offset by the factors noted above. C MEN ED Ms~T' N: Move to authorize the Mayor and City Manager to enter into a contract with Jeff s Bobby and Steve's Auto~Jarld for ear wash services as specified in the City's Pequest and Autot~lorld's response to the City's Request. The term of this contract is to be August 1, 2010 through July 31, 2012, unless terminated sooner puxsuant to the termination provision. COUNCIL .A.CTION: 36 Car Wash ~isf Summary ame of Com an ,~.} Std Car Wash r~~s -- _ _ Full Ser Car Wash ,~~* - ~ Unlimited Std -- - Unlin pit ~d Full Serv etailin leanu Type of Car Wash dditional info Jeffs Bobby & Steve's $5.00 $8.95 $1,9b0lyr N!A Int-$45 Full Serve Soft Cloth 1) Located in Columbia Heights 763-788-1113 Ext-$55 Cleanup 2} Qpen 24 hours $50-$99 3) We are very involved in community 4} Very involved with MADD 5) Service bulletins on Reader Board Mister Car Wash No bid $9.79 $1,500/yr No bid !nt-$48.99 tnt-$48.99 Soft Cloth 1 } Additional detail services available at Bob Hoffer or $1251mo Ext-$34.99 full sere°sce locations (30% off) 888-803-5232 Pkg-$69.99 No#e B Note A Nate C Note D IVOifl' H-Vall(l ai Vt7 ioGa[IOn Note B-Full Service not available at CH; nearest locations are Roseville & Shoreview Note C-Detail not available at CH; nearest locations are Roseville and Shoreview No#e D-Biohazard cleanup -Shoreview location only DATE: (NAME OF COMPANY} To whoYn it may concern: The Columbia Heights Police Department is in the process of accepting bids far car wash services from. private businesses for atwo-year contract from August 1, 2010 through August 1, 2010. ~'ou are receiving this letter because you may be eligible to bid an the contract for the city. Below is a list of criteria that will be required by the Columbia Heights Police Department in the car was contract: Interior and exterior auto detailing. 4 Ability to clean biohazard material. Sincerely, Lenny Austin Captain Columbia Heights Police Department. 38 2{10 ~~PI~ far V'~ash Bid Worksheet 1'~1ote. This force is to be filled out completely if you are to be considered for the car wash contract. A proposal may be included with this worksheet, but will not be used in place of this worksheets Name of Company Cost your company will charge for: Per vehicle standard car wash Per vehicle full service car wash Unlimited use of s lard car washes Unlimited use of full service car washes Do you have interior and exterior detailing available? If so, please list the cost of this service: Do you have the ability to clean up biohazard material {i.e. bland, urine, feces)? if so, please list the cast of this service ~rVhat type of car wash does your company have (i.e. touchless)? Please list additional services and information that you feel would assist the Columbia Heights Police Department with their car washing needs: 1. 39 2. 3. 4. Please return the completed form to the Columbia Heights Police Department by 3une 1, 2414 if you wish to be considered. Submit completed form to: Lenny Austin, Captain Columbia Heights Police Department 825 41 sf Avenue IrIE Columbia Heights, MN 55421 40 CAR WASH AGREEMENT THIS AGREEMENT entered into this day of , 2010 by and between the City of Columbia I~eights, a municipal cozporatian, hereinafter referred to as "City", and Jeff's Bobby & Steves Autoworld, hereinafter referred to as "Autoworld". WHEREAS, by letter dated April 27, 2010, the City requested bid proposals far the purpose of retairiir~g a car wasfi service far the Columbia Heights Police Department. WHEREAS, pursuant to the criteria set forth in the City's request far bid proposal dated Apri127, 2010, the City has determined Autoworld will best serve the City's needs. NQW, THERFORE, IT IS HEREBY MUTUALLY AGREED, in consideration of each party's premises, and considerations herein set Earth, as fatlows: l . Incomoratien. The parties hereby agree that the following are incorporated rota and made part of this agreement: a. Recitals set forth above; b. City's request for bid proposal for Police 1:3epartment car wash services dated Apri127, 2010 ("City's Request"}, a copy of which is attached hereto as Exhibit A; and c. Autoworld's completed 2010 CHPD Car Wash Bid Worksheet, a copy of which is attached hereto as Exhibit B~ 2. Term. This Contract for service shall commence on August 1, 2010 and terminate an July 31, 2012 unless terminated sooner pursuant to the termination provision of paragraph 7. 3. Services. Autoworld shall provide the Columbia Heights Police Department with the Unlimited Use Standard Car Wash Service as set forth in Autowarld's response to the City's Request. 4. Compensation. Autoworld shall be entitled to an annual charge of $1,950.00 for providing said service as identified herein, which charge shall be paid by City in annual installments of$1,950.00. 5. Independent Contractor. The parties to this Agreement agree that Autoworld, and any of its designated representatives or employees, is an independent contractor. Autoworld, and any of its designated representatives or employees, are not employees of the City and are not entitled to the benefits provided by the City to its employees, including but not Limited to health, worker's compensation and unemployment insurance, and pension or employee benefit plans. Autawarld has and retains full control and supervision of the services and full control over the performance of the services required under this agreement. 6. Indemnification. Autoworld is solely responsible for damage to any vehicle, including all equipment and contents, serviced pursuant to this Agreement. Autoworld agrees to indemnify the City against all liability and loss in connection with, and shall assume full responsibility far, payment of all federal, state and local taxes ar contributions imposed or 41 required under employment insurance, social security and income tax laws, with respect to Autowarld employees engaged in performance of this Agreement. 7. Termination. Either party may terminate this Agreement with ar without cause upon ninety days written notice. if this contract is terminated prior to the date set forth in paragraph 2, any payment made pursuant to paragraph 4 shall be prorated to the effective date of termination. 8. ! Separability. In case any one ar more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 9. Notification information. Any notice to the parties herein shall be deemed to have been given or delivered on the date sent, if sent by certified mail addressed as follows, ar to such other. address as a party may subsequently request by certified mail: To~City: Walt Fehst, City Administrator i City of Columbia Heights 590 40`~ Avenue NE Columbia Heights, MN 55421 i With a copy to: Scan Nadeau, Police Chief Columbia Heights Police Department 559 Mill Street NE Columbia I-Ieights, IVLN 55421 With a copy to: James D. Hoeft, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon F~apids 13aulevard 1'vlinneapolis, SS433 To 3eff s Bobby ~ Stevesa Jeff I3ahe Jeff s Bobby & Stever Autowarld 3701 Central Avenue NE Columbia Heights, MN 55421 10: Assignment. This Agreement may not be assigned without the prior written consent of the City. 11. Entire Agreement. This Agreement contains the entire.. understanding between the parties, and no statements, promises, ar inducements made by either party that are not contained herein sha11 be valid or binding; this Agreement may not'be enlarged, modified, or altered except in writing signed by the parties. 2 42 12. Jurisdiction. Any and all suits for any and every breach of this Agreement must be instituted and maintained in a court of competent jurisdiction in the County of Anoka, State of Minnesota. 2 3. Governing Law. The laws of the State of Minnesota in all respects shall govern this Agreement. 24: Binding Agreement. This Agreement shall be binding open and extend to the respective representatives, heirs, successors and assigns of the parties berets. CITY ®F CGLUMBIA HEIGHTS By: By: Mayor, Gary Petersen City Administrator, Walt Fehst JEFF'S BOi3$4' & SIEVES AUT®WORLIJ By: 497562_ Jeff Babe i 3 43 CITY COUNCIL LETTER Meetin of June 28, 2010 AGENDA. SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROV.A-L: ,~ , ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau BY: e ~' - ' NO. into Agreement for Auctioning Vehicles DATE June 23, 2010 DATE:' BACKGROUND The city has a need to auction forfeited vehicles and those no longer in being utilized by the city (i.e. old squad cars or public works vehicles) in accordance with Minnesota State Statute, and has reviewed the auction services utilized by other local and state agencies. Two primary vehicle auction services were identified as being used by entities that didn't conduct their own auctions. These services are summarized as follows: Jeff's Bobby and Steve's Auto World o Auctions vehicles and currently handles the auction of forfeited vehicles for Centennial Lakes Police and MN State Patrol. o Revenue Split is generally 90% to the agency, 10% to Bobby & Steve's, less $250 far storage and towing costs. State and Federal Surplus o used by Fridley Police and other agencies/entities. o Agency/City is responsible far getting the vehicles to their Arden Hills location o Revenue Split is 90% to agency and l 0% for the auction service for sales $4000 and under, and 92% agency 8% auction service for sales over $4000. o Agency is responsible for titling the vehicle, cleaning it, and identifying known problems. This information and documentation regarding submitted property is due at Fleet and Surplus Services 4 to 6 weeks before the date of auction. RECOMMENDED MOTION Move to authorize the Mayor and. City Manager to enter into an agreement with State and Federal Surplus for auctioning vehicles for the City of Columbia Heights. COUNCIL ACTION: 44 CI'T'Y C®UNCIL LETTER Meeting of June 28, 20I 4 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAk: ; ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau BY: k ; into Contract for Towing Contractor DATE June i 6, 2010 DATE: r NO. BACKGR®UND The City's current contract for towing services with Jeff s Bobby and Steve's AutaWorld expires on July 31, 2010. In preparation for this, letters and bid sheets were sent to nine local towing contractors. Copies of the letter and bid sheet are attached. .r~NAL,~'SI s/C`~1°41CLUSlr®N After all bids were received on June I, Columbia Fleights Police Department staff opened and. reviewed the bids; see attached Tow Bid Summary. In reviewing the bids, it was determined that Schmit Towing, Inc., 92-43Fd Avenue NE, Fridley, is the contractor whose quote provides for the lowest cost to the city and the lowest cost to owners of towed vehicles while meeting all bid qualifications. Fridley Police Department currently uses Schmit Towing, and they have been satisfied with their level of service. The Police Department's towing contractor for the past two years, Jeff's Bobby and Steve's AutoWorld, has provided reliable, prompt service; however, Schmit Towing's bid provides for towing services at a rnuch lower cost. Therefore, it is the recommendation ofthe Police Department that the City enter into atwo-year agreement with Schmit Towing for towing, impounding and storage of motor vehicles. C~M1VIEl~I~}Ei~ li9EC}TIO: Move to authorization the Mayor and City Manager to enter into a contract with SchixFit Towing, Inc. for towing, impounding and storage of motor vehicles as specified in the City's Request d set fo in Schmidt's response to the City's Request. The term. of this cantract is to be August 1, 2010 through July 31, 2012, unless terminated sooner pursuant to the termination provision. C®UNCIL ACTION: 45 Tow Bid Summary Name of Tow Company Std Tow Daily storage L ~+ Invest Hold impound _..~ Admin forfeiture _.,~ Winching _ .__..__..__.. _ Roadway Cleanup Additional info Statewide Towing $60.00 $25.00 $175.00 $175.00 $90/hr $601hr 1) We have heavy duty tow units Bill Kowalik 2) We will donate carts to Fire Dept training 651-633-4262 3) All drivers are DOT and class certified Shorty's Heavy Duty 85-Reg $23.00 * $165A0 $165.00 150/hr * $100-3001hr * Price quoted far cars/large trucks and 100-flat bed trailers at higher fees 1 }Small to very large wreckers 2) Semi-tractors & flat bed trailers - to move large motor home, bus, etc. 3 Equipment to lift or pull up (same concept as a crane} Twin City Transport & .$100.00 $25.00 $125.00 $125.00 $50lhalf hr $35.Ot) 1}Secured heated indoor/outdoor storage Recovery facility located at 4560 Central Ave {0.7 mile from CHPD) 2) TCTR has previous experience towing for CHPD 3} TCTR drivers are uniformed, drug-tested, and certified w/background checks 4) TCTR towing services available 24/7 Jeffs Bobby & Steve's $85.00 $25.00 $125.00 $125.00 $65/half hr $40.0{) 1} We currently do towing for Centinai Lks 2} We accept all motor clubs {private tows) 3) We are located in Columbia Heights 4} We are involved in the community 5} We do ail DWi work for MN State Patrol {10 counties} 6) We have 3 taw lots in Columbia Hts Schmit lowing, fnc. $69.00 $24A0 $0.00 $0.00 60ihaff hr $35.00 1 } No charge for towing, fire change, and jump starts of CNPD vehicles 2} No charge fior donation of vehicles for _._ Fire Dept training 3} Secure, paved, fenced, lit, landscaped, clean, non-intimidating facility wJCCVR 4} !Vlore info in attached bid 5} Questions/answers in attached email 2010 C~IPD Taw Bid 'V6rarksheet Name of Taw Company Cost your company will charge for a standard tow: (not to exceed $125.00} Daily impound/storage fee: (Not to Exceed $25.00 per day, ar $SOO.Q4 tats! itnpound/staragefew to owner} Investigative hold/seized impound fee for Columbia Heights Police: (Not to exceed $175.00} Administrative forfeiture fee for Columbia Heights Police impound fees: (Not to exceed $175.00} Fee for winching Fee for Roadway clean-up in excess of customary sweeping Please list additional services and information that you feel would assist the Columbia Heights Police Department with their towing and impound needs: 1. 2. 3. 4. Please Return ~ampleted ~'ara~r to CfdPID by June 1, 201 tI if yau wis6z to Ge cansrdere~ Submit completed form to: Lenny Austin Captain Columbia Heights Police Department 825 41St Avenue NE Columbia Heights, MN 55421 48 (DATE} (Name of tow company (Address): The Columbia Heights Police Department (herein after CHPD} is in the process of accepting bids from private tow companies for atwo-year contract from August 1, 2010 through August 1, 2012. You are receiving this letter because you may be eligible to bid on the taw contract for the city. Below is a list of criteria that will be required by the CHPD in the towing contract: • No charge towing and fire changing for all Columbia Heights Police Vehicles. ® The tow company impound tot must provide secure storage for all vehicles, be located in Anoka County, and within ten miles of the CHPD. • The tow service must provide 24 hour, 7 day a week service. • The CHPD requires an average response time of twenty minutes. This time period is calculated from the time of the request to the time of the tows arrival. • linpound/storage fees from CHPD administrative forfeitures and vehicles an an investigative hold for the CHPD will wrvt exceed $175.00, plus the cost of towing. • The tow company must provide temporary, secure, and heated indoor storage for vehicles placed on investigative hold by the department. This is typically short-term storage for vehicles waiting forensic processing andlor search warrants. • The CHPD will charge a $35.0(1 administrative fee on all vehicles impounded. This does not include private tows requested by the CHPD as a courtesy to the vehicles owner. The towing service will keep a listing of impounded vehicles and an account balance of fees owed to the CHPD. The tow service will send a monthly reconciliation of the account balance (reflecting both credits and debits). The account shall be paid on an annual basis prior to December 15th. • All fees and charges to the registered owner are to be included with the cost of the tow. • Tosu companies will not incorporate any additional fees or charges such as fuel surcharges or processing fees (except that which is indicated on the tow bid worksheet) with the cost of the tow. • Prior to the execution of the agreement, the tow service shall provide proof of insurance as follows: a Garage liability insurance providing coverage on the contractor's premises, operations, completed operations, and aEl owned, fired, and non-owned automobiles in the business with minimum limits of $1,000,000 per occurrence. o Garage keeper's legal liability coverage providing physical damage coverage on al l automobiles in the contractor's care, custody or control, with minimum limits of $100,000 per location. o On all such policies, the City of Columbia Heights shall be named as an additional insured. The certificate of insurance shall state that the coverage may not be cancelled or not renewed without 30 days' prior written notice to the city. Ff your company is able and willing to meet these requirements, we invite you to submit a bid for tow services. Please use the attached worksheet with this letter to submit with your bid for taw services far the Columbia Heights Police Department. All bids are due to the police department na later than May 24, 2(110. The City of Columbia Heights 49 reserves the right to reject all bids. If you have any questions, please feel free to contact me at (763) 706-8100. Sincerely, Lenny Austin Captain Columbia Heights Police Department 50 Tow Contract 2010 1} Auto Medics 3760 Flowerfield Rd Circle Pines, MN SS014 2} Blue Towing 2535 8S`~' Avenue NE Blaine, MN 55449 3) 3eff's Bobby & Steve's Auto World 370 i Central Avenue NE Columbia Heights, MN 55421 4} Shorty's 1257 Osborne Road NE Spring Lake Park, MN SS432 S} Twin Cities Towing 3201 Stinson Blvd Minneapolis, MN SS418 6} Schmit Towing Inc, 92 43`d Avenue NE Fridley, MN 55421 7} Citywide Towing 660 39`h AVenlle NE Coiurnbia Heights, SS421 $} Cedar Towing 3S9 Hoover Street NE Minneapolis, SS413 9} Statewide Towing 1001 ls` St NW New Brighton, MN 55112 51 T®WYNG AGREEMENT THIS AGREEMENT entered into this day of , 2010 by and between the City of Columbia Heights, a municipal corporation, hereinafter referred to as "City", and Schmit Towing, Inc. hereinafter referred to as "Schmit". WHEREAS, by letter dated Apri127, 2010, the City requested hid proposals far the purpose of retaining a service to provide towing, impounding and storage of motor vehicles far the City 24 hours per day, 36S days per year, and on an as needed and directed basis. WHEREAS, pursuant to the criteria set forth in the City's request for bid proposal dated April 27, 2010, the City has determined Schmit will best serve the City's needs. N4W, THERFORE, IT IS HEREBY MUTUALLY AGREED, in consideration of each party's promises, and considerations herein set forth, as follows: 1. incorporation. The parties hereby agree that the following are incoiporated 'into and made part of this agreement: a. Recitals set forth above; h. ~ City's request for bid proposal for towing, impounding and storage of motor vehicles dated Apri127, 2010 ("City's Request"), a copy of which is attached hereto as Exhibit A; and c. Schmit's completed Tow Bid Worksheet, a copy of which is attached hereto as EXhihit B. 2. Term. This Contract for service shall commence on August 1, 2010 and terminate on Suly 31, 2012 unless terminated sooner pursuant to the termination provision of paragraph 8. 3. Services. Sc it shall provide towing, impounding and storage for motor vehicle service as specified in the City's Request and set forth in Schmit's response to the City's Request. 4. Compensation. Schmit shall be entitled to a charge far its towing and storage services pursuant to the fees submitted in its response to the City's Request. S. Independent Contractor. The parties to this Agreement agree that Schmit, and any of its designated representatives or employees, is an independent contractor. Schmit, and any of its designated representatives or employees, are not employees of the City and are not entitled to the benefits provided by the City to its employees, including but not limited to health, worker's compensation and unemployment insurance, and pension or employee benefit plans. Schmit has and retains full control and supervision of the services and full control over the performance of the services required under this agreement. 6. Indemnification. Schmit is solely responsible for loss or damage to any vehicle, including all equipment and contents, from the tiixie direction is given by the authorized City representative turning the vehicle over to Schmit or its agents, until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof, or to an authorized police 52 agency. Schmit agrees to indemnify the City and hold it harmless from and against any and all claims, suits and actions against, and all lass, damage, casts ar expense to the City, including attorneys fees and cast of defense that may be caused directly or indirectly by Schmit, it's agents and/or employees related in any manner to the performance of this Agreement. Schmit shall further indemnify the City against all liability and loss in connection with, and shall assume full responsibility far, payment of all federal, state and local taxes or contributions imposed or required under employment insurance, social security and income tax laws, with respect to Schmit einplayees engaged in performance of this Agreement. 7. Insurance. During the term of this Agreement, Schmit shall procure and maintain at is own expense insurance as specified in the City's Request. Schmit shall provide the City with proof of said insurance prior to executing this Agreement and during each year of this Agreement. The City of Columbia Heights shall be named as an additional insured an said policies. 8. Termination. Either party may terminate this Agreement with or without cause upon ninety days written native. 9. Separability. In case any one or more of the previsions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected. or impaired thereby. 10. Notification Information. Any notice to the parties herein shall be deemed to have been given or delivered on the date sent, if sent by certified mail addressed as follows, ar to such other address as a party may subsequently request by certified mail: Ta City: Walt Fehst, City Administrator City of Columbia: Heights 590 4Qt~' Avenue l~IE Columbia Heights, 55421 With' a copy to: Scott Nadeau, Palive Chief Columbia Heights Polive L)epartment 559 Mill Street NE Columbia Heights, MN 55421 With a copy to: James 1). Hoeft, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard. Minneapolis, MN 55433 To Schmit Towing, Inc.: Schmit Towing, Inc. 92 - 43`d Avenue NE Minneapolis, MN 55421 2 53 1 1. Third Party Beneficiary. This Agreement is created for the sole benefit of the parties hereto and shall not create any third party beneficiary rights. 12. Assignment. This Agreement may not be assigned without the prior written consent of the City. 13. Entire Agreement. This Agreement contains the entire understanding between the parties, and no statements, pxamises, or inducements made by either party that are not contained herein shall be valid or binding; this Agreement may nat Abe enlarged, modified, ar altered except in writing signed by the parties. 1~ ,Turisdietian. Any and all suits for any anti every breach of this Agreement must be instituted and maintained in a court of competent jurisdiction in the County of Anoka, State of Minnesota; 15. Gavernin~Law_. The laws of the State of Minnesota in all respects shall govern this Agreement. 16.' Binding Agreement. This Agreement shall be binding upon and extend to the respective representatives, heirs, successors and assigns of the parties hereto. CITY 4F CC7LUMBIA HEIGHTS By: By: Mayor, Gary Peterson City Administrator, Walt Pehst SCl-IlV11T TC3WII~tG, Ii~IC. By: 497558_l 54 CITY COUNCIL LETTER Meeting of June 28, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL' ITEM: Authorize Mayor and City Manager to Enter BY: Scott Nadeau BY: ~'` °'` ' into Contract with PropertyRoom.Com for DATE June 16, 2010 _ DATE: Auction Service NO. BACKGRCIUNI) Property Room.Com is an auction company that specializes in the disposal of miscellaneous property from municipal police agencies nationwide. Their Internet-based auction system provides for a competitive bidding environment with potentially higher bids than other auction options. The service provides pick-up of property, Internet-based audit and tracking of auctioned property, and distribution of proceeds. Property Room.Com is used extensively nationally as an auction service for miscellaneous property. Local agencies using this service for the purpose of general property disposal include Fridley, Circle Pines, and Caon Rapids. Fridley reports excellent results with this company, and that they had found no complaints from other agencies while conducting their due diligence prior to selecting this company. Revenue distribution is SO-SO for all items selling for $1000 and less. For items that sell for over X1000, the first $1040 is a SO-SO split, and anything over the first $1000 is split 7S% to agency and 25°/o to PRC. Given the historical average sale price of auctioned items from Columbia ~Ieights, the SO-SO split would generally apply. There are no up-front costs. AL~'3I~/CC~NCLUI~3I~1 Based an the information above, the Police Department recommends entering into a contract with PRC for disposition of miscellaneous surplus property, excluding vehicles and property that PRC doesn't handle, including fire s. There are two contract options provided by PRC, aten-page 1-year auto-renewing contract, and a two-page 6-month contract that then auto-renews for one-year unless there is a 30-day written notice for termination without cause by either parry. PRC representatives state that many agencies keep renewing the two-page trial agreement. The Police Department recommends this option. REC®1~MEloTI3ED M®T)l~N Move to authorize the Mayor and City Manager to enter into the two-page 6-month contract with PropertyRoom.Com for auction services for the City of Columbia Heights. This contract auto-renews unless there is a 30-day written notice for termination. COUNCIL ACTION: 55 ' _W..J „~ 1. Airbags 2. Sody armor with or without inserts in bullet proof vests and bullet proof vests 3. Cable TV decoder boxes 4. Counterfeit items from name brands such as Rolex, Gucci and LV. If you are unable to determine if an item is a counterfeit, please let our on-site experts help. Counterfeit property will be noted in our system and destroyed. 5. Firearms, guns, magazines, ammunition clips, 13B guns, pellet guns {we do sell gun holsters, stocks and soopes} 6. Food 7. Hazardoustflammable maferial such as C42, 02, Nitrous Ctxide (we do sell empty tanks} 8. Jimmies, Slim-Dims or dent pullers used to break into cars 9. Lock pick sets 1 ~. Lottery tickets 11. Medicine 12. Military decorations approved by Congress such as Distinguished Service Medals, Medal of Honor, Silver Stars, etc 13. Narcatics and associated paraphernalia 14. Offics furniture such as desks, filing cabinets, chairs etc (we do sell on an in-place basis} 15. Pirated (copied} CDs6D0~'Ds or other media 16. Police batans and Lasers 17. ProjectC~J ChildSafe? gun locks (we do sell other brands of gun locks} 18. Recalled items unless the recall fix has been completed and documented 19. Sexually explicit or hate materials 20. Switch blades and butterfly knives 21. Used infant/toddler car seats 22. Used motorcycle and bicycle helmets 23. Used clothing and shoes {we do se!{ good condition leather jackets/fur coats as well as ski and snowboard boots} 24. Used tires (we will accept used tires on rims} 25. VHS/cassette tapes 56 propertyroom.com's Trial ar Test Disposition Services Agreement This Trial /TEST BASIS Services Agreement documents an arrangement between PropertyRoom.com {PRC) and The Columbia Heights Police Department far purposes of permitting an evaluation period for testing new PRC services being made available to the Client. The Agreement is modified as follows: Term and Termination: The term of this Service Agreement will be issued for 5 months on a TRIAL J TEST BAS! S. After the first 6 month the Service Agreement will auto-renew for one year unless there is a 30 day written notice for termination without cause by either Party. I. Method of Selling Property. a. Portable Property Items, PRC will, an Owners behalf, pick-up, store and list Property for sale by auction to the public on the intemet on one or mare domain names selected by PRC. To the extent that any Property is not sold by auction, PRC may, in any commercially reasonable manner selected 6y PRC, dispose of Property. PRC will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PRC will be responsible far all phases of submitting the Property far auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; determining the selling price, setting the length of time Property will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting Buyer information (such as name, billing address, shipping address, and credit card information}; approving Buyer credit card purchase transactions; and collecting auction proceeds for completed sales from Buyers. PRC shall use reasonable commercial efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PRC shall sell and dispose of all Property "as is" without any liability to the Owner. PRC is safely responsible far identifying and resolving sales and use tax callectinn issues arising from Property sales, including the necessity of charging and collecting such taxes. ?. Allocation of Sales Praceecis, a. Portable Property Items (1} Sales Price. The total amount paid by Buyer shall be called the "Sales Price." The Sates Price shall include the winning bid amount (the °'Winning Bid"} and all costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2} °Che Split. For each item of Property, Owner will be credited with 50% of the first $1,000 of the Winning Bid and 75%a of the Winning Bid portion, if any, that exceeds $1,000. From this amount, the Owner's pre rata share of transaction fees (the "Processing Costs"}, if any, will 6e deducted. (3) Processing Costs. Credit card processing casts ("Credit Card Cost") and affiliate processing fees (the "Affiliate Fees," which include commissions and processing costs paid to third parties 1F they sent the winning bidder to the website}, will be barite by Owner and PRC in proportion to the percentage of the revenue credited to the parties far each underlying. transaction. (4) Net Proceeds. Amounts received by the Owner will be called "Owner's Net Proceeds". Portable Item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction fora $100 Winning Bid; the Buyer pays shipping and handling of $10, insurance of $2, and sales tax of $ti. The Buyer pays the Sales Price of $118.00 ($100 + $ I O + $2 + $6) by credit card, and the Credit Card Cost is 3 °lo of the Sales Price or $3.54 (0.03 x $118) and the Affiliate Fee is 4.8% or $4.80 (0.048 x $100). The Owner and PRC each share 50% of the underlying Winning Bid, therefore Credit Card Costs and Affiliate Fees are also shared equally, $1.77 each ($3.54 ~ 2} for Credit Cost and $2.40 each 57 ($4.80 _ 2} for Affiliate Fees. The Owner's Net Proceeds are $45.83 ($50.00 less $4.17}, Nate: less than 1 out of 10 transactions include Affiliate Fees. (S) duel Surcharge. The Company does NOT charge pick-up fees. Instead, a fuel surcharge applies per Portable Item manifest when diesel prices rise above a speck level as shown in the Fuel Surcharge Schedule below. The Company benchmarks average diesel retail prices as published online by the Energy Information Administration of the US Department of Energy and resets its fuel surcharge quarterly based on pricing from the prior quarter. Fuel surcharges, if any, deduct from monthly Owner's,I'J~et Proceeds, . . Fuel Surcharge Schedule Retail Diesel ( er al) Fuel Surcltar e* Less than $2.50 $ fl•~ $ 2.50 to $ 2.99 $ 12.40 $ 3.00 to $ 3.49 $ 24.80 $ 3.50 to $ 3.99 $ 37.20 $ 4.00 to $ 4.49 $ 49.60 $ 4.50 to $ 4.99 $ 62.00 $ 5.00 to $ 5.49** $ 74.40 * T3ivldes across locations and/or sub-accounts puked-up same day ** Tahle contiaues u ward at same rate 3. Payment Terms. Once every month, PRC will pay to Owner the amount of Owner's Net Proceeds payable for completed sales during the preceding month. Sales are deemed completed when all items comprising a line item on the original manifest or other list of Property are sold. With each payment of Owner's Net Proceeds, PRC will make available to Owner a detailed report setting Earth the following information for the immediately preceding month: a. The completed sales during the prior month, including the total amount of related proceeds collected, Owner and PRC share of Processing Costs, and the Owners Net Proceeds; b. Other dispositions of Property during the manthID and a The Property, if any, inventoried by PRC at the end of tl~e month. far "Owner" Date Date far PropertyRoom 58 AUCTION SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS r~ ,~ ~ ~ _ ~ °~ S t-. ' - ~ a. i ~. o- ~ y ~`_ K ~ ,F _ , ~ r _ _ ~ Auction 5eruices Disposition Agreement These Terms and Conditions set Earth the terms upon which PropertyRoom.com, Inc., a Delaware corporation {"PRC"}, wil! handle the auction and disposition of Property provided from time to time by the Contracting Organization or any Sister Agency of the Contracting Organization {jointly and severally, the "Owner"} to PRC {the "Disposition Services"} an behalf af, and as agent for, the Owner. These Terms and Conditions may be accepted by PRC, on one hand, and the organization to which the Services are provided (the "Cantracting Organization") an the other hand, by {i) the execution of a written agreement expressly incorporating tfiese terms, together with any attachments ar addenda expressly incorporated therein {the "Executed Documentation"), {ii} the presentment of these Terms and Conditions as part of a proposal .letter, proposal documentation or other written submission signed by PRC and acceptance in writing {whether by letter, facsimile or e-mail} of such materials by the Cantracting Organization without modification {the "Transaction Documentation"), {iii) the presentment of these Terms and Conditions as part of a propasa) letter, proposal documentation ar other written correspondence signed by PRC and the subsequent submission by the Cantracting Organ~zat~an of Property to PRC far the per farmance of Dispcsition Services. These Terms and Conditions may also be accepted by any municipal, county ar state governmental agency located in the state in which the Cantracting Organization is located {each a "Sister Agency"} by the subrrrission by the Sister Agency of Property to PRC far the performance of Disposition Services pursuant to the terms and conditions of an Agreement between PRC and the Cantracting Organization. The agreement between the PRC and the Owner (the "Agreement"} consists of these Terms and Conditions and (i} if any Executed Documentation exists, such Executed Documentation, {ii) if no Executed Documentarian exists but Transaction Documentation exists, such Transaction Documentation. If neither Executed Documentation nor Transaction Documentation exists, then the Agreement shall consist solely of these Terms and Conditions. The Agreement, as so defined, collectively comprises the entire agreement between PRC and the Owner relating to the subject of the Agreement and supersedes any prior understandings, agreements or representations by ar between the parties, written or oral, which may be related to the subject matter hereof in any way. The Agreement cannot be modified except in writing by the duty authorized representatives of FRC and the Contracting Organization. 1. Property to Be Sold, From time to time, Owner will designate items of property (the "Property"} that it desires to provide to PRC for Disposition Services. PRC retains the right to accept or reject certain items as Property in its sale discretion. 2. Title to Property. Owner shall reta'sn legal title to the Property until it is purchased by auction or otherwise disposed of in accordance with the Agreement at which time Owner will be deemed to have transferred title to the purchaser or other acquirer of the item of Property {the 'Buyer"). Owner appoints PRC as its 1of10 59 AUCTION SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS representative and instrumentality to hold and offer for sale on Owner's behalf the Property, in accordance with the Agreement. {n connection therewith, Owner appoints PRC as its attorney-in-fact to sign any and all documents necessary to assign to Buyers all of Owner's right, title and interest in and to Property sold or disposed. Owner's Property shalt, at ail times before sale or disposition, be subject to the direction and control of Owner. Cash rece'spts, accounts receivable, contract rights, notes, general intangibles, and other rights to payment of every kind, arising out of the sales and dispositions of Property {collectively the "Proceeds") belong to Owner, subject to payment of amounts owed by Owner to PRC and to third parties pursuant to the Agreement, which amounts shall be`disbursed by PRC on behalf of Owner as pi'oVided in the Agreement. 3. Method of Selling Property. a. Portable Property Items. PRC will, on Owner's behalf as its representative, pick-up, stare and list Property for sale by auction to the public on the internet on one or more domain names selected by PRC. Ta the extent that any Property is not sold by auction, PRC may, in any commercially reasonable manner selected by PRC, dispose of Property, PRC will determine all aspects, terms and conditions of auctions of Property and dispositions of Property not purchased at auction, subject to the ultimate control of Owner. PRC will handle all ptrases of submitting the Property For auction, including, but not limited to, determining when Property will be auctioned, setting the opening and reserve prices of Property, if any; setting the length of time Property will be auctioned; creating text and graphics to describe and depict Property submitted for auction; collecting Buyer information {such as name, billing address, shipping address, and credit card information); approving Buyer credit card purchase transactions; and ca0ecting auction proceeds for completed sales from Buyers. PRC steal! use reasonable commercial efforts in auctioning and selling the Property on the Internet and disposing of Property that does not sell at auction. PRC shat! sell and disease of all Property "as is" without any liability to the Owner. PRC is solely responsible far identifying and resolving sales and use tax collection issues arising from Property sales, including the necessity of charging and collecting such taxes. __. _~ ........... .. .. . b,._..Large--Property Items. PRC will„at.Own.er's.requ.Qst and-ora..Ownec's:;:behalf as .its representatiye,..,list ...._... ,_. physically large Property {"Large-Items"j for sale by auction, including but not limited to cars, trucks, boats, planes and bulk lots of bicycles. For Large-{terns, PRC offers Owner different selling options ("Gold" and "Platinum"}, each with different service components and associated pricing. {1) In-Plaoe Options, For Gold, PRC will auction Large-items in-place, and in this context, "in-place„ means that PRC will not pick-up and stare these specific Stems but rather Owner will maintain physical control until transfer of title to such Large-Items to Buyers. {2) Haul-away Option. Far Platinum, PRC will, in conjunction w'sth an agent ar subcontractor of PRC and to the extent pracfiical, pick-up and haul-away Large-items, sailing via onFline auction and transferring title and physical possession to Buyers as described in Portable Property Items. {3} Large-Item Service summary. The Large-(Lem Auction Services Option Table below depicts service components associated with each option. 2of10 60 AUCTION SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS Method of Salting Property: Large-Item Auction Services Option Table SERVICE COMPONENT Gold Piatinum* 1. -List Large-item for online auction PRC PRC 2. Checklist review and coordination PRC PRC 3. Listing write-up and marketing PRC PRC 4. Auction and auction technology management PRC PRC 5. Customer Support to Bidders PRC PRC 6. Coordinate Buyer payment and Large-Stem pick-up PRC PRC 7. Transaction (payment} processing PRC PRC 8. Photographing, vehicle review, equipment description Owner PRC 9. Provide ar procure asset title documentation, as applicable Owner Owner** 10. Pick-up and haul-away for off-premises online auction PRC * PRC provides its Platinum service in cooperation with Copart, Inc., ("CPRT"} a publicly traded US company with aver 34Q geographically-dispersed vehicle storage facilities. ** At Owner request, PRC and CPRT will acquire title dacumentatian through an agent ar subcontractor of PRC. 4F. Tenn and Termination. a. The Agreement wiii become effective upon formation (the "Effective Date"}and will continue for an initial term of one (1} year from the Effective Date and thereafter will automatically renew for consecutive one (1} year terms unless written notice a€ non-renewal 'ss provided by either party to the other at least sixty (6t3} days prior to the expiration of the then current term. b. The Agreement may be terminated if there is a breach by either party of any obligation, representation or warranty contained in the Agreement, upon thirty (3i3} days prior written notice to the other party unless the breach is cured within the thirty (3Q} day period, provided, however, if the breach is not capable of being cured within thirty (30} days, the breaching party will have a reasonable amount of time to cure the breach if it begins to cure during the thirty (30} day period and proceeds diligently thereafter. The wr':tten notice will specify the precise nature of the breach. c. The rights of the parties to terminate the Agreement are not exclusive of any other rights and remedies available at law or in equity, and such rights will be cumulative. The exercise of any such right or remedy will not preclude the exercise of any other rights and remedies. d. Notwithstanding any termination by either party of the Agreement, PRC will continue to remit the Proceeds arising under the Agreement (net of amounts owed by Owner to PRC and to third parties pursuant to the Agreement} in connection with any sales made before the effective date of the termination. At the time of termination, any unsold inventory shall continue to be auctioned by PRC or disposed an behalf of Owner or returned to Owner, at Owner's election and cast. 3of1b 61 ATJCTION SERVICES DISPOSITION AGREEMENT TERMS A,ND CONDITIONS S. Allocation of Sales Proceeds. a. Portable Property Items (1) Sales Price. The fatal amount of Proceeds paid by Buyer shat{ be called the "Sales Price." The Sales Price shat( include the winning bid amount (the.."~i/inning.Bid"},and a#I costs, shipping and handling charges, taxes, and insurance costs associated with the transaction and paid by Buyer. (2} Transaction Costs. PRC shall utilize all costs, shipping and handling charges, taxes, and insurance costs collected from the Buyer (other than the Winning Bid} to pay or remit such casts, shipping and handling charges, taxes, and insurance costs an behalf of Owner and Buyer, as applicable. (3} PRC Cammission. Far each item of Property, Owner will pay to PRC (by deduction pursuant to the section titled "Payment Terms" below} a fee {the "PRC Cammission"} equal to fifty percent (50%} of the f'srst $1,0{}0 of the Winning Bid and twenty five percent {25%} of the Winning Bid portion, if any, that exceeds $1,000. The amount of the Winning Bid remaining after deduction and payment of the PRC Commission will be called "Owner's Grass Proceeds'". (4} Processing Costs. Credit card pracessing casts (`Credit Card Cost"} and affiliate processing fees (the "Affiliate Fees," which include commissions and pracessing costs paid to third parties IF such a third party sent the winning bidder to the website), wiii be borne by Owner and PRC in proportion to the ratio of Owner's Gross Proceeds to PRC Commission. Owner's pardon of Cred'st Card Cast and Affiliate Fees (collectively, the "Processing Costs"} wilt be paid by PRC to applicable third parties on Owner's behalf. (5} Net Proceeds. The amount of the Winning Bid paid to Owner after deduction and payment of the PRC ~;;,,,r,;....,, _ ...:.commission and Processing-Costs wiN be catlet(--"-Owner's Net Proceeds". _- .,_ ., , _ ,,..._ ,._ , ._~ ._:. :• ; ~:. ..,. Portable Item Example. The following example illustrates allocation of proceeds from a Portable Property Item sale. Assume an item of Property sells at auction fora $100 Winning Sid; the Buyer pays shipping and handling of $10, insurance of $2, and saSes tax of $6. The Buyer pays the Sales Price of $118.00 ($100 + $10 + $2 + $6} by credit card, and the Credit Card Cast is 3% of the Sales Price or $3.54 {0.03 x $118} and the Affiliate Fee is 4.8% or $4.80 {0.048 x $100}. PRC will retain $10 of the Sales Price far shipping and handling, $2 for insurance and $6 far remittance to relevant tax authorities. PRC will pay itself from the Winning Bid the amount of $50 as the PRC Commission. As the ratio of the PRC Cammission to Owner's Grass Proceeds is 1:1, the Credit Card Costs and Affiliate Fees are shared equally, $2.77 each {$3.54 _ Z} for Credit Card Cast and $7.40 each ($4.80 -: 2} #or Affiliate Fees. The portion of the Processing Fees allocated to Owner {that is, $4.17} will be paid to the relevant third parties out of Owner's Gross Proceeds, with the remainder being the responsibility of PRC. Owner's Net Proceeds equal $45.83 ($200A0 Winning Bid less $50 PRC Cammission less $4.17 Owner's share of Processing Costs}. (6} Fuel Surcharge. PRC does NOT charge pick-up fees. Instead, a fuel surcharge ("Fuel Surcharge"} will iae paid to PRC out of Owner's Net Proceeds for each Portable Item manifest when diesel prices rise above a specific level as shown in the fuel Surcharge Schedule below. PRC tracks benchmark average diesel retail prices as published online by the Energy information Administration of the US Department of Energy and resets its fuel surcharge quarterly based on average weekly pricing from the prior quarter. Fuel Surcharges, if any, are deducted from monthly Owner's Net Proceeds. 4of10 62 AUCTIC}N SERVICES DISPOSITION AGREEMENT TERMS AND CUNDITIDNS Fuel Surcharge Schedule .Retail Diesel (per gal) Fuef Surcharge# Less than $2.50 $ 0.00 ~~ $ 2.50 to $ 2.99 $ 22.40 $ 3.00 to $ 3.49 $ 24.80 $ 3.50 to $ 3.99 $ 37.20 $ 4.00 to $ 4.49 $ 49.60 $ 4.50 to $ 4.99 $ 62.00 $ 5.00 to $ 5.49** $ 74.40 * Divides aoross locations and/or sub-accounts picked-up same day ** Table continues upward at same rate (7) To the extent that Property is not sold by Auction and PRC disposes of Property in a commercially reasonable manner {see "i`liethod of Selling Property" section}, including, but not limited to, sending to a charity, recycling center, Pandfill, or scrap metaE processor, Owner understands and agrees to the following. (a} When Property is not sold by Auction, PRC disposition activities create additional PRC processing costs {the "Disposal Costs"} and potentially a disposition Sales Price (the "Disposition Proceeds"}. (b) Disposal Costs include, but are not limited to, -abor cost of reloading Property onto a truck, labor and vehicle costs associated with transporting Property for disposition, and third-party fees, such as landfill, recycling, and hazardous material disposal fees. (c} Disposition Proceeds include, but are not limited to, a Sales Price obtained far scrap metal. (d} PRC will bear the burden of Disposal Costs. (e} Owner will pay to PRC the Disposition Proceeds, if any, as an offset to Disposal Costs, except if Disposition Proceeds for an item of Owner Property exceed $250, in which case Owner shall be entitled to retain a portion of Disposition Proceeds calculated in accordance with Section 5a above, provided that the Disposition Proceeds will be deemed to be the "Sales Price" and the Disposal Costs wiq be deducted as a transaction cast under Section 5a(2} above. b. Large Items. (1) Sales Price, PRC Commission, Processing Costs and Net Proceeds. Calculated in a manner directly analogous to Portable Property items. (2) PRC Commission. For each Large-item of Property, PRC will be entitled to a PRC Commission equal to a percent of the Winning Bid which varies according to the Large-Item service option employed. In addition, PRC will be entitled to charge to the Buyer a premium paid directly to PRC {the "Buyer's Premium") which will not be included in the Winning Bid. 5of10 63 AUCTFON SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS (a) Gaid. The PRC Commission will be 5% of the Winning Bid and PRC wtil charge Buyer a 15% Buyer's Premium. (b) Platinum, The PRC Commission will be 12.5° of the Winning Bid. For large items that can be hauled on a standard vehicle transporter, the tow services are provided for free when within 30 miles of one of CPRT's 140 facilities. A $25 tow fee applies #or ,.- .: ~:~-.- - ~ -.every 25 miles over the first 30 free-miles: In addition, fees for acquiring titles on behalf of Owner, if any, or for over-sized vehicle (e,g., crane, bus, backhoe, etc.) haul-away fees, will be borne entirely by Owner. urge-item Example. Assume a i.arge-item sells at auction far a Winning Bid of $1,000.00 and with no shipping or handling charges yields a $1,000.00 Sales Price. For the Goid option, PRC colEects and retains a 15% Buyer's Premium, $150.00 {0.15 x $1,000), from Buyer. With regard to collecting the Sales Price and sharing proceeds, the approach differs by option: Gold. PRC completes the sale by collecting the $1,000.00 Sales Price from Buyer. The underlying Winning Bid results in a $50 PRC Commission, leaving $950 in Owner's Gross Proceeds. Assuming Processing Costs of 3% ($30.00), these would be borne 45°6 by Owner, $28.50 (0.95 x $30) and 5l by PRC, $1.50 (0.05 x $30), respectively. The Owner's Net Proceeds would equal $921.50 ($950.00 less $2850). Platinum. PRC and CPRT complete the sale by collecting the $1,000.00 Sales Price from Buyer. The underlying Winning Bid results in a $125 PRC Commission, leaving $875 in Owner's Gross Proceeds. Assuming Buyer pays by electronic funds transfer, as the majority of Buyers do, then Processing Casts would equal 0°~ and the Owner's Net Proceeds would equal $875. 6. Payment Terms. Once every month, PRC will remit to Owner the amount of Owner's Net Proceeds (less any 'Fine' Fees' and~za'r Fuef Sufclia'rges,' 3f'a~'¢licab'(ej'"arisiFig'from'`Cbmpfeted"saf~s'~iut~ing'the""p"recedirEg m6nth~' ' (after payment of a!I transaction costs, PRC Commissions, Processing Fees, Title Fee and Fuei Surcharges, as applicable). Sales are deemed completed when all items comprising a line item on the origins{ rnani#est or other list of Property are sold. With each payment of Owner's Net Proceeds, PRC will make available to Owner, online, a report setting Forth the following in€armation far the immediately preceding month: a. The completed sales during the prior month, including the tats( amount of related Proceeds collected, the transaction costs, the PRC Commissions, the Owner and PRC share of Processing Costs, any applicable Title Fees and/or Fuel Surcharges, and the Owners Net Proceeds; b. Other dispositions of Property during the month; and c. The Property, if any, inventoried by PRC at the end of the month. 7. PropertyRoom's Obligations Concerning Property in Its Possession. With respect to Property in PRC°s possession: a. PRC wilt exercise due care in the handling and storage of any Property; b. PRC shall keep the Property free of liens, security interests, and encumbrances, and shaft pay when due ail fees and charges with respect to the Property; c. PRC shall sign and deliver to Owner any UCC-1 financing statements ar other documents reasonably requested by Owner; and d. PRC shall obtain and maintain insurance in an amount (determined by PRC) not less than the replacement value of Properly in its possession. The insurance will cover the Property against fire, theft, and extended 6af10 64 AITCTION SERVICES DISPC;~SITIt~N AGREEMENT TERMS AND CONDITIONS coverage risks ordinarily included in similar policies. PRC shat! give Owner a certificate or a copy of each of the above upon Owner's request. Owner Obligations. Owner will use its best efforts to provide to PRC such Property as becomes ava'slable for sale to the public. Owner will complete paperwork reasonably necessary to convey custodial possession of the item of Property to PRC, including a written manifest or list that describes the item of Property in sufficient detail for .identification. In addition, to help comply with public notification statutes as well as to support Internet traffic flaw to the PRC auction website, Owner agrees to place a permanent dickabie link {the "Link") to www.PropertyRoom.cam on one or more Owner websites. PRC will supply Link technical requirements, text and images to Owner. Owner agrees that it will not provide Property that is illegal or hazardous or infringes the intellectual property rights of any third party ("Prohibited Property"), including but not limited to explosives, firearms, counterfeit or unauthar'szed copyrighted material ("knock-offs"}, poisons or pharmaceuticals. in the event that any third party asserts a claim that any Property consists of Prohibited Property, Owner shall indemnify and hold PRC harmless from any such claim and all damages, liabilities (whether joint or several}, costs and expenses ('secluding reasonable legal fees and expenses}, judgments, fines and other amounts paid in connection with such claim, whether or not litigated. In the event of any such claim or if PRC otherwise determined in good faith that any Property consists of Prohibited Property, PRC shall have the right to immediately suspend ar cancel (even if completed} any auction ar disposal of such Property and may refuse to sell, offer to sell or otherwise dispose of such Property. To the extent requested by PRC, Owner will provide reasonable assistance in determining whether such Property in fact consists of Prohibited Property. to the event that any Buyer asserts a claim that any Property consists of Prohibited Property and PRC determined in good €aith that such claim is reasonably likely to be determined to be correct, PRC may, in its discretion, accept the return of such Property and refund the Sales Price for such Property to the Buyer, in which event PRC may then destroy such Property or return such Property to Owner and such refunded Sales Price shall be deducted from future remittances of Owner's 1Vet Proceeds made by PRC. 9. Res#rictions on Bidding. PRC and its employees and agents may not directly or indirectly bid far or purchase auctioned Property on the PRC web site. 1C3. Representations and Warranties of a:)wner. Owner hereby represents, warrants and covenants as follows (the "Conditions Precedent"}: a. Property delivered to PRC is available for sale to the general public without any restrictions or conditions whatever and does not consist of Prohibited Property, and b. Owner has taken all actions under applicable law that are required for Owner to auction the Property or to transfer title to the Property to Buyers ('including, without limitation, all notice requirements and the like required prior to the safe of Property at auction under local statute or municipal code). 11. Books and Records. PRC will keep complete and accurate books of account, records, and other documents with respect to the Agreement {the "Books and Records") for at least three (3} years following expiration ar termination of the Agreement. Upon reasonable notice, the Books and Records will be available for inspection by Owner, at Owner`s expense, at the location where the Books and Records are regularly maintained, during normal business hours. 12. indemnification. Subject to the limitations specified in the Agreement, each party will indemnify, hold harmless and defend the other party and its agents and employees from and against any and all losses, claims, damages, liabilities (whether joint or several), costs and expenses (including reasonable legal fees and expenses}, judgments, fines and other amounts paid in settlement, incurred or suffered by any such person or entity (collectively, "Lasses")arising out of ar in connection with: 7of10 65 AIJCTIE3N SERVICES DISPC3SITIt]N AGREE1t~IENT TEII.IVIS AND CCINDITIONS a. the inaccuracy of any representation or warranty made by the party hereunder, b. any breach of the Agreement by the party, or c. any negligent act or omission by the party or its employees or agents in connection with the performance by the party or its employees or agents of obligations hereunder, provided the negligent act or omission was not done or omitted at the direction of the other parry. .. 13. Limitations on Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEC!UENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN iF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY Of SUCH DAMAGES}, ARISING FROM BREACH OF THE AGREEMENT, THE SALE OF PROPERTY, OR AR9SiNG FROM ANY OTHER PROVISION OF THE AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINE55 {COLLECTIVELY, "DISCLAIMED DAMAGES"}; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE TO TH,E OTHER PARTY TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THE AGREEMENT. LIABILITY ARISING UNDER THE AGREEMENT WILL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. THE MAXIMUM LIABILITY OF ONE PARTY TO THE OTHER PARTY FOR ANY CLAIMS ARISING 1N CONNEC710N WITH THE AGREEMENT WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY HEREUNDER (N THE YEAR IN WHICH LIABILITY ACCRUES; PROVIDED THAT EACH PARTY WILL REMAIN LIABLE FOR THE AGGREGATE AMOUNT OF ANY PAYMENT OBLIGATIONS OWED TO THE OTHER PARTY PURSUANT TO THE AGREEMENT AND FOR ANY AMOUNTS CLAIMED BY A THIRD PARTY WHICH ARE SUBJECT' TO INDEMNIFICATION PURSUANT TO THE AGREEMENT, NOTWiTHSTANDiNG ANYTHING HEREIN TO THE CONTRARY, OWNER'S LIABILITY IS NOT LIMITED UNDER THE AGREEMENT WITH RESPECT TO LIABILITY ARISING FROM OWNERS FAILURE TO SATISFY TIMELY ALL CONDITIONS PRECEDENT. 14. Assignment. The Agreement may not be assigned, in whole ar in part, by either of the parties without the ..::... . - ; .,:,. . _~ .._ ,...... ,_. _ wrthheid or delayed}. P rtY Y Y ~ 4 ny subsidiary or affiliate otwrths anding the fo~ega ng, ann ass gnment rof the Agreement by either party to a' '..r_.. or a third party acquisition of all or substantially all of the assets of such party wilt not require the consent of the other party, so long as such subsidiary, affiliate or acquiring entity assumes ail of such party's obligations under the Agreement. No delegation by PRC of any of its duties hereunder will be deemed ari assignment of the Agreement, nor will any change in control nor any assignment by operation of law by either party. Subject to the restrictions contained in this section, the terms and conditions of the Agreement will bind and inure to the benefit of each of the respective successors and assigns of the parties hereto. 1S. Notices. Any notice or other communication given under the Agreement will be in writing and delivered by hand, sent by facsimile {provided acknowledgment of receipt thereof is delivered to the sender}, sent by Certified, registered mail or sent by any nationally recognised overnight courier service to the addresses provided on the signature page of the Agreement. The parties may, from time to time and at any time, change their respective addresses and each will have the right to specify as its address any ether address by at least ten (10} days written notice to the other party. 16. Interpretation. Whenever possible, each provision of the Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohib'stian or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. The headings in the Agreement are inserted for convenience of reference only and shall not constitute a part hereof. Nothing in the Agreement is intended nor shall it be construed to confer any rights or remedies upon any person or entity other than the parties named herein and their respective successors and permitted assigns. The parties have participated, or had the opportunity to participate in, the negotiation and drafting of the Agreement or requested, or had the opportunity to request, amendments to the Agreement. in the event an ambiguity or question of intent or interpretation arises, the Agreement shall be construed as if drafted 8 of 10 66 AUCTION SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of the Agreement. 17. Governing Law. The internal law, and not the law of conflicts, of the state in which the Owner is located will govern all questions concerning the construction, validity and interpretation of the Agreement and the performance of the obligations imposed by the Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the parties waive any right to object to the venue. If any proceeding or action is brought to recover any amount under the Agreement, ar for or on account of any breach of, or to enforce ar interpret any of the terms, covenants, or conditions of the Agreement, the prevailing party will be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which will be fixed by the court, and will be made a part of any judgment rendered. 18. Further Assurances. PRC and Owner wilt each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, services and activities contemplated by the Agreement and to account for and document those activities. 19. Relationship of the Parties. Na representations ar assertions will be made or actions taken by either party that could imply or establish any joint venture, partnership, employment or trust relationship between the parties with respect to the subject matter of the Agreement. Except as expressly provided in the Agreement, neither party will have any authority or power whatsoever to enter into any agreement, contract or commitment an behalf of the ether, or to create any !lability ar obligation whatsoever on behalf of the other, to any person ar entity. 'Whenever PRC is given discretion in the Agreement, PRC may exercise that d'€scretion solely in any manner PRC deems appropriate. PRC shall be not liable to Owner for any Losses incurred by reason of any act or omission performed or omitted by PRC in good faith on behalf of the Owner and in a manner reasonably believed to he within the scope of authority conferred on PRC by the Agreement, except that PRC shalt be liable far any such Losses incurred by reason of PRC's fraud, gross negligence or willful misconduct. 20. Force Majeure. Neither party will be liable for any failure of or delay in the performance o€ the Agreement far the period that such failure or delay is due to acts of Gad, public enemy, war, strikes ar lobar disputes, ar any oilier cause beyond the parties' reasonable central (each a "Farce Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a party's control. Each party will notify the other .party promptly of the occurrence of any Farce Majeure and carry out the Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term of the Agreement. 9of14 67 AUCTION SERVICES DISPOSITION AGREEMENT TERMS AND CONDITIONS ,. Owner lnfarmatian Sct-edufes, Supptement§ & Other Attachments ,, > t< - .. RJlark included attachments: Owner Name Terms and Conditions Yes Address Addendums: City, State Zip Code Phone Email This Agreement, including all of the terms and conditions set Forth in the attached Terms and Conditions as well as all other attachments indicated 'sn the box abave, comprises the entire Agreement between the Parties. This Agreement cannot be modified except in writing by the duly authorized representatives cF both parties. Owner ~rapertyRaam.com Signor Name Signor Name Signor Title Signature Signature Date Signor T€tle Signature Signature Date ProoertvRoom.com, Inc. 26421 Crown Valley Parkway, Ste 200 iviission Vieyo, California 92691 +1 (949} 282-0121 Federal Tax !d 86-0962102 10 of 10 68 CITY COUNCIL LETTER AGENDA SECTION: CONSENT NO: ITEM: DISTRIBUTION OF THE 2009 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND THE INDEPENDENT AUDITORS' REPORT NO: ORIGINATING DEPT: FINANCE BY: WILLIAM ELRITE DATE: 06/17/2010 Meetins o£ June 28.2010 CITY MANAGER. APPROVAL The 2009 Comprehensive Annual Financial Report (CAFR), including the Independent Auditors' Report, will be distributed to the City Council on June 28, 2010. In the June 1st 2008 work session, it was the consensus that future audit presentations would be done at regular City Council meetings. Based on that discussion, the City's auditor, David Mol, will attend the July 12, 2010 City Council meeting to give a brief presentation regarding the City's audit and the compliance report. It is not the intent of this meeting to include an in-depth question and answer session. If council members or others have questions regarding the CAFR, please submit them in advance, no later than July 6, to Joe Kloiber, the Assistant Finance Director. Joe will then distribute a list of ail questions and the answers with the agenda for the July 12th meeting. When submitting questions please include the page number of the CAFR that the question relates to as this will help to insure that we provide the correct information. The purpose of the audit is to determine if there are material deficiencies in the City's accounting system or material misstatements in the Comprehensive Annual Financial Report that staff prepares. It is not the auditor's place to provide a detailed financial analysis, This is a staff function. If the City Council would like to schedule a work session for a more detailed review of the f nancial report both the Finance Director and the Assistant Finance Director would be available to attend a work session to review the CAFR and provide additional information. RECOMMENDED MOTION: Move to recognize that the 2009 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 28, 2010, and to schedule a brief presentation by our auditor for the July 12, 2010 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2010. WE:slh 10061.71 COUNCIL COUNCIL ACTION: 69 CITY COUNCIL LETTER Meeting of June 28, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL /, ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: June 22, 2010 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for June 28, 201.0 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 70 ,,~ List of 2010 Rental Licenses to Approve by ,~ a~` Council 825 41sk Avenue N.E. -Columbia Neighks, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 10038 838 41ST AVE NE Adams, Jim F10412 8014 Olson Memorial Highway #213 $ 150.00 Minneapolis, MN 55427-4712 10080 2106 41ST AVE NE Nordahl, Curt F10360 3513 Skycroft Drive $ 150.00 Minneapolis, MN 55418 10172 4230 RESERVOIR BLVD NE Thongpatsang, Tsering F10416 6109 Parnell Ave $ 150.00 Edina, MN 55424 10202 3926 POLK ST NE Haupt, Jaclynn F10297 3926 NE FOLK ST $ 150.00 Columbia Heights, MN 55421 10268 3723 POLK ST NE Siia, Fred F10316A 10812 Fillmore ST NE $ 150.00 Blaine, MN 55434 12021 3804 3RD ST NE Hozempa, Mike F10473 3861 3rd Street NE $ 150.00 Coiumbia Heights, MN 55421 12102 1235 37TH AVE NE Cotton, Cindy F10411 1233 37th Avenue $ 150.00 Coiumbia Heights, MN 55421 12219-NC4201 6TH ST NE Runke, Cheri F10126 4201 6th Street NE $ 150.00 Columbia Heights, MN 55421 20010 4636 WASHINGTON ST NE DaCosta, Ernest F10420 268 Balfour Ave $ 150.00 Winnipeg Manitoba CAN, CN R3L 1 N6 20021 1154 CHEERY LN NE Lewis, Mark F10407 3700 Vinewood Lane $ 150.00 Plymouth, MN 55441 20037 654 47 1/2 AVE NE Jeung, Warren F10465 20148 Calgary Trail $ 150.00 Farmington, MN 55024 06/22/2010 10:15 Page 1 71 ~ ~., ~i List of 2010 Rental Licenses to Approve by ~~ Council 825 41st Avenue N.E. - Gofumbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151 20068 4919 JACKSON ST NE Jeung, Warren F10464 20148 Calgary Trail $ 150.00 Farmington, MN 55024 20079 1319 CIRCLE TERRACE BLVD NE Agudo, Luis F10391 3847 Central Avenue $ 150.00 Columbia Heights, MN 55421 20104 4645 TAYLOR ST NE Thompson, Ty F10419 3846 Xerxes Ave. North $ 150.00 Minneapolis, MN 55412 20113 3746 3RD ST NE Richter, Jahn & Allison F10399 10407 Fernwaod Ln N $ 150.00 Champlin, MN 55316 20163-M 4642 TAYLOR ST NE Medina, Julio F10467 1528 Monrae St NE $ 150.00 Minneapolis, MN 55413 20169 4518 WASHINGTON ST NE Miller, William F10296 14628 18th Ave Southwest $ 150.00 Seattle, ~'VA 98166 20227 1807 41ST AVE NE Caputo, Steven F10466 1413 Salinas PI $ 15000 Santa Barbara, CA 93103 20228 4228 MADISON ST NE Schaff, Nelia F10415 1551 Woodside CT $ 150.00 Fridley, MN 55432 20260 4949 JACKSON ST NE Roder, John F10352 1818 Bryant Ave N #3 $ 150.00 Minneapolis, MN 55411 20302 4943 JACKSON ST NE Fakler, Scott F10336 3570 N. Lexington Avenue 107 $ 150.00 Shoreview, MN 55126 20381 3713 BUCHANAN ST NE Peterson, Gary F10409 3712 Lincoln Street NE $ 150.00 Columbia Heights, MN 55421 06/22/2010 10:15 Page 2 72 ~, ~ List of 2010 Rental Licenses to Approve by ~ _ Council 825 41st Avenue N.E.. - Galumbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8'15.1 30063 3849 EDGEMOOR PL NE Valtierrez, Mario F10346 18932 Dunbury Avenue $ 160.00 Farmington, MN 55024 30064 3853 EDGEMOOR PL fVE Prokopiuk, Michael F10322 3130 Buchanan Street $ 160.00 Minneapolis, MN 55418 30101 4655 PIERCE ST NE Azam, Haji F10293 P.O. Box 11 $ 160.00 Savage, MN 55378 30161 4546 TYLER ST NE Yi, Myong F10340 824 E. 7th ST. $ 234.00 St. Paul, MN 55106 06/22/2010 10:15 Page 3 73 CITY COUNCIL LETTER Meetm ot: June ZtS, LU ( U AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE:.lune 23, 2010 SY: ,.: BACKGROUND/ANALYSIS Attached is the business license agenda for the June 28, 2010 Council meeting. This agenda consists of applications for 2010 Contractor Licenses. 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 June 28, 2010 as presented. COUNCIL ACTION: 74 TO CITY COUNCIL June 28, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2010 BLDG Cichy's Water & Sewer *G & H Heating & AC Lloyd's Ideal. Plumbing *Apollo Htg *All Metro Excavating *Northfield Plumbing *H & H Plumbing Air Comfort Htg & AC 5220 Ambassador Blvd, St Francis $60 5511 Carlson Rd, Shoreview $60 LLC 32405 Elk Court, Stacy $60 6510 Hwy 36 Blvd, Oakdale $60 6730 207`" Ave NW, Elk River $60 117 Arbor St. Northfield $6d 4898 W. Hidden Valley Dr, Savage $60 19170 Jasper 5t, Anoka $60 75 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: June 28, 2010 . STATE OF MINI~rESOTA 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 135092 through 135303 in the amount of $ 4,433,521.42 . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended far payment. 76 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14:29:38 Check History GL050S-V06.80 COVERPAGE GL540R *************************** *** *********************** ************************** * *** L E A N N 0* * *** L E A N N O * * *** L E A N N O** * *** L E A N N O*** *************************** *** *********************** ************************** Report Selection: Optional Report Title.......06/28/2010 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 135092 thru 135303 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J LEANNO O1 P4 Y S 6 066 10 Y Y 77 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Check History GL540R- V06.80 PAGE 1 06/28/2010 COUNCIL LISTING BANK VENDOR CHECK$# CHECK DATE AMOUNT BANK CHECKING ACCOUNT ACE HARDWARE 135092 06{16/10 42.16 ALI/SAGIRAH 135093 06/16/10 250.00 ANCOM COMMUNICATIONS INC 135094 06/16/10 794.75 ANOKA COUNTY ATTORNEY 135095 06f16/10 275.07 ANOKA COUNTY LICENSE CEN 135096 06/16/10 1,217.04 BARNA/IRENE 135097 06/16/10 54.00 BELLBOY BAR SUPPLY 135098 06/16/10 2,248.11 BELLBOY CORPORATION 135099 06/16/10 4,813.85 BETWEEN THE LINES 135100 06/16f10 1,475.00 BRAY/LIZ 135101 06/16/10 212.16 BRYAN ROCK PRODUCTS, INC 135102 06/16/10 1,182.10 BUILDING FASTENERS 135103 06J16/10 83.99 CAPITOL BEVERAGE SALES L 135104 06/16/10 65,654.96 CATCO PARTS SERVICE 135105 06/16/10 226.24 CENTER POINT ENERGY 135106 06/16/10 1,799.43 CHAMBERLAIN OIL COMPANY 135107 06/16/10 2,559.02 CHISAGO LAKES DISTRIBUTI 135108 06/16/10 11,233.52 CINTAS FIRST AID-SAFETY 135109 06/16/10 188.36 CITY OF COLUMBIA HEIGHTS 135110 06/16/10 292,768.58 COLUMBIA HEIGHTS RENTAL 135111 06/16/10 55.43 COMMERCIAL ASPHALT 135112 06/16/10 1,640.01 COMMERCIAL POOL-SPA SUPP 135113 06/16/10 1,213.67 COMPLETE MOTOR & CONTROL 135114 06/16/10 250.00 DANIMAL DISTRIBUTING INC 135115 06J16/10 6,000.26 DELEGARD TOOL CO. 135116 06/16/10 69.22 DEMO, DIG & HAUL INC 135117 06/16/10 984.77 EHLERS & ASSOCIATES INC 135118 06/16/10 332.50 ELK RIVER FORD 135119 06/16/10 18,097.48 FERGUSON WATERWORKS INC 135120 06/16/10 1,325.99 FIRST NATIONAL INSURANCE 135121 06/16/10 1,000.00 FSH COMMUNICATIONS, LLC 135122 06/16/10 60.00 GARELICK STEEL CO 135123 06/16/10 67.27 GENERAL SAFETY EQUIPMENT 135124 06/16/10 221.20 GENUINE PARTS/NAPA AUTO 135125 06/16/10 173.41 GOPHER BEARING COMPANY 135126 06/16/10 ?6.01 HALL/STEVEN D 135127 06/16/10 500.00 HD SUPPLY WATER WORKS 135128 06/16/10 64.96 HOHENSTEINS INC 135129 06f16/10 10,797.70 HOME DEPOT #2802 135130 06/16/10 78.17 IMAX THEATER 135131 06/16/10 250.00 JJ TAYLOR DIST OF MN 135132 06/16/10 68,334.35 JOHNSON BROS. LIQUOR CO. 135133 06/16/10 3,544.33 LANGIE/DOROTHY 135134 06/16/10 54.00 LIFT BRIDGE BEER COMPANY 135135 06/16/10 260.00 LYNDE COMPANY 135136 06/16/10 1,368.10 MENARDS CASHWAY LUMBER-F 135137 06/16/10 242.09 MINNEAPOLIS FINANCE DEPT 135138 06/16/10 80,233.62 78 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Check History GL540R-V06.80 PAGE 2 06/28/2010 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT MN DEPT OF ADMINISTRATIO 135139 06/16f10 345.88 MTI DISTRIBUTING 135140 06f16/10 379.53 NEEDHAM DISTRIBUTING CO 135141 06/16/10 601.80 NIXON/JEAN 135142 06/16/10 54.00 NSI MECHANICAL CONTRALTI 135143 06/16/10 27.0.20 ON SITE SANITATION INC 135144 06/16/10 708.57 PAUL POOLS & SPAS 135145 06/16/10 32.06 PAUL'S POOLS & SPAS 135146 06/16/10 684.00 PETTY CASH - KAREN MOELL 135147 06/16/10 98.79 PETTY CASH - KAREN OLSON 135148 06/16/10 143.01 PHILLIPS WINE & SPIRITS 135149 06/16/10 2,038.07 PIONEER RIM & WHEEL CO. 135150 D6/16/10 93.37 QUALITY WINE & SPIRITS 135151 06/16/10 20,682.73 QWEST BUSINESS SERVICES 135152 06/16/10 549.01 QWEST COMMUNICATIONS 135153 06/16/10 1,196.39 RECREATION SUPPLY CO INC 135154 06/16/10 1,679.11 RJM DISTRIBUTING INC 135155 06/16/10 850.74 ROSEDALE CHEV 135156 06/16/10 290.34 S & T OFFICE PRODUCTS IN 135157 06/16/10 40.12 SAM'S CLUB 135158 06/16/10 47.42 ST JOSEPH EQUIPMENT INC 135159 06/16/10 155.31 STAPLES BUSINESS ADVANTA 135160 q6/16/10 92.61 STATE OF MILAN-DEPT OF FI 135161 06/16/10 137.53 STEPHENS/IRENE 135162 06/16/10 54.00 SUNT/IRENE 135163 06/16/10 100.00 SURLY BREWING CO INC 135164 06/16/10 1,414.00 T-MOBILE INC 135165 06/16/10 511.54 TESSMAN CO 135166 06/16/10 5,024.43 TRUGREEN CHEMLAWN 135167 06/16/10 169.94 TURNER/BILL 135168 06/16/10 108.00 VAN PILSUM/JOHN 135169 06f16/10 54.00 WHOLESALE TRUCK-TRLR PR 13517D 06/16/10 59.58 WINDSCHITL/KEITH 135171 06/16/10 50.43 WIRTZ BEVERAGE MINNESOTA 135172 06f16/10 1,338.56 WIF2TZ BEVERAGE MINNESOTA 135173 06/16/10 23,748.82 WW GRAINGER,INC 135174 06/16/10 67.83 XCEL ENERGY (N S P) 135175 06/16/10 5,450.40 YOCUM OIL COMPANY INC 135176 06/16/10 4,951.40 ZAYO ENTERPRISE NETWORKS 135177 06/16/10 1,213.40 ZEBRO/PAT 135178 06/16/10 300.00 NORTHEAST BANK 135179 06f22/10 3,000,000.00 AMERIPRIDE LINEN INC 135180 06/23/10 355.38 APPOLLO SYSTEMS INC 135181 06/23/10 1,282.50 ARCTIC GLACIER 135182 06/23/10 1,222.87 BELLBOY BAR SUPPLY 135183 06/23/10 61.01 BELLBOY CORPORATION 135184 06/23/10 3,256.65 CAPITOL BEVERAGE SALES L 135185 06/23/10 10,791.97 79 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Check History GL540R-V06.80 PAGE 3 06/28/2010 COUNCIL LTSTING BANK VENDOR CHECK# CHECK DATE AMOUNT' BANK CHECKING ACCOUNT CENTER POINT ENERGY 135186 06/23f10 10.50 CHISAGO LAKES DISTRIBUTI 135187 06/23/10 1,828.90 CITY PAGES 135188 06/23/10 450.00 CITY WIDE WINDOW SERVICE 135189 06/23/10 78.00 DANIMAL DISTRIBUTING INC 135190 06/23/10 368.60 EDS BUILDERS INC 135191 06/23/10 440.00 EXTREME BEVERAGE 135192 06/23/10 1,193.00 FARNER-BOCKEN 135193 06/23/10 11,359.02 GENERAL OFFICE PRODUCTS 135194 06/23/10 2,727.71 GOPHER ELECTRIC CONTRACT 135195 06/23/10 3,153.00 HOHENSTEINS INC 135196 06/23/10 2,580.15 HOME SECURE LLC 135197 06/23/10 9.70 INTEGRA TELECOM INC 135198 06/23/10 172.23 JJ TAYLOR DIST OF MN 135199 06f23/10 15,451.65 JOHNSON BROS. LIQUOR CO. 135200 06/23/10 56,266.40 KNOLL/AANES 135201 06/23/10 43.85 LIFT BRIDGE BEER COMPANY 135202 06/23/10 260.00 LITURGICAL PUBLICATIONS 135203 06/23/10 1,020.00 MARCO, INC 135204 06J23/10 1,154.81 MEDICINE LAKE TOURS 135205 06/23/10 2,107.00 MINNESOTA COACHES INC 135206 06/23/10 653.45 MN DEPT OF HEALTH 135207 06/23/10 10,134.00 MOELLER/KAREN 135208 06/23/10 168.00 NSI MECHANICAL CONTRALTI 135209 06/23/10 830.00 PAUSTIS & SONS WINE COMP 135210 06/23/10 2,774.55 PERKINS INC 135211 06/23/10 21,845.47 PETTY CASH - KEITH WINDS 135212 06/23/10 380.00 PHILLIPS WINE & SPIRITS 135213 06/23/10 26,267.46 PITNEY BOWES LOUISVILLE 135214 06f23/10 278.83 QUALITY WINE & SPIRITS 135215 06/23/10 18,585.62 QWEST COMMUNICATIONS 135216 06/23/10 155.53 RJM DISTRIBUTING INC 135217 06/23/10 7.50 S & T OFFICE PRODUCTS IN 135218 06/23/10 38.11 SCOTT/LAWRENCE L. 135219 06/23/10 70.00 SPRINT INC 135220 06/23/10 119.97 STRAUGHAN HARDWARE 135221 06/23/10 2,549.00 SUN PUBLICATION INC 135222 06/23/10 762.00 SURLY BREWING CO INC 135223 06/23/10 1,524.00 THELEN INC 135224 06/23/10 281.35 VALLEYFAIR 135225 06/23/10 1,189.00 VINOCOPIA INC 135226 06/23/10 505.00 WINE MERCHANTS 135227 06/23/10 418.34 WIRTZ BEVERAGE MINNESOTA 135228 06/23/10 56,763.27 WIRTZ BEVERAGE MINNESOTA 135229 06/23/10 27,783.23 XCEL ENERGY (N S P) 135230 06/23/10 11,399.71 A M BEST COMPANY 135231 06/28/10 2,257.90 AAA AWARDS 135232 06/28/10 245.00 80 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Check History GL540R-V06.80 FAGE 4 06/28/2010 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT ADVANCE COMPANIES OF MN 135233 06/28/10 1,602.50 ADVANCED IMAGING SOLUTIO 135234 06/28f10 96.00 AID ELECTRIC SERVICE INC 135235 06/28/10 4,454.28 ALL SAFE FIRE & SECURITY 135236 06/28/10 434.58 AMERICAN LEGAL PUBLISHIN 135237 06/28/10 2,240.00 AMERICAN RUG LAUNDRY 135238 06/28/10 338.12 ANOKA COUNTY LIBRARY 135239 06/28/10 154.01 ANOKA COUNTY PROPERTY RE 135240 06/28/10 2.00 ANOKA CTY - CENTRAL COMM 135241 06/28/10 312.24 ASPEN MILLS, INC. 135242 06/28/10 757.00 BAKER & TAYLOR 135243 06{28/10 1,964.05 BAKER & TAYLOR ENTERTAIN 135244 06J28/10 329.88 BARNA GUZY & STEFFEN LTD 135245 06/28/10 45.00 BARNHART/MIA 135246 06/28/10 200.00 BOUND TREE MEDICAL LLC 135247 06/28/10 38.07 BUCKSTAFF 135248 06/28/10 1,380.72 C S MCCROSSAN 135249 06/28/10 311,973.69 CAMDEN PET HOSPITAL, INC 135250 06/28/10 1,665.08 CARLSON PROFESSIONAL SER 135251 06/28/10 2,628.17 CHAMBERLAIN OIL COMPANY 135252 06/28/10 33.24 CITY OF MINNEAPOLIS 135253 06/28/10 30.00 COMCAST 135254 06/28/10 64.90 COMMERCIAL STEAM TEAM 135255 06/28/10 2,067.20 DAKOTA COUNTY RECEIVING 135256 06/28/10 134.00 DIGITAL ALLY INC 135257 06/28/10 437.50 DU ALL SERVICE CONTRALTO 135258 06/28/10 671.03 ELECTRONIC COMMUNICATN S 135259 06/28/10 780.00 FACTORY MOTOR PARTS INC 135260 06/28/10 46.92 FAIRVIEW CLINICS 135261 06/28/10 168.00 FIRE EQUIPMENT SPECIALTI 135262 06f28/10 460.83 FLOORS NORTHWEST INC 135263 06/28/10 1,053.83 G & K SERVICES INC 135264 06/28/10 601.10 GALE GROUP/THE 135265 06/28/10 266.49 GENUINE PARTS/NAPA AUTO 135266 06/28/10 120.09 HEIGHTS ELECTRIC INC. 135267 06/28/10 1,124.04 HOME DEPOT #2802 135268 06/28/10 113.86 IDEAL ADVERTISING INC. 135269 06/28/10 6,997.19 INSTRUMENTAL RESEARCH IN 135270 06/28/10 180.00 JEFF,BOBBY & STEVES AUTO 135271 06/28/10 325.00 LADEN'S BUSINESS MACHINE 135272 06/28/10 43.82 LEAGUE OF MN CITIES INS 135273 06/28j10 200.00 MCFOA - TREASURER 135274 06/28/10 70.00 MEDTOX LABORATORIES, INC 135275 06/28/10 462.00 MENARDS CASHWAY LUMBER-F 135276 06/28/10 330.58 METRO FIRE, INC 135277 06/28/10 168.38 MIDWAY FORD 135278 06/28/10 112.26 MN DEPT OF HEALTH 135279 06/28/10 23.00 81 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Checlc History GL540R-V06.80 PAGE 5 06/28/2010 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT BANK CHECKING ACCOUNT MN VETERINARY DIAGNOSTIC 135280 06/28/10 25.00 NEIL NELSON & ASSOCIATES 135281 06/28/10 1,500.00 NEOPOST INC 135282 06/28/10 1,128.00 NEXT DAY GOURMET 135283 06/28/10 113.12 NSI MECHANICAL CONTRALTI 135284 06/28/10 3,000.00 OFFICE DEPOT 135285 06/28/10 355.66 ORKIN INC 135286 06/28J10 105.00 PRECISION SEALCOATING IN 135287 06/28/10 10,024.80 PREMIUM WATERS INC 135288 06/28/10 69.41 RAPID GRAPHICS & MAILING 135289 06/28/10 478.80 RUNEMASTER STUDIOS INC 135290 06/28/10 400.00 SHELTERTECH CORPORATION 135291 06/28/10 150.00 ST CLOUD REGRIGERATION I 135292 06/28/10 100.50 STAPLES BUSINESS ADVANTA 135293 06/28/10 161.26 STREICHER'S GUN'S INC/DO 135294 06/28J10 315.03 SUMMIT FIRE PROTECTION C 135295 06/28/10 205.00 TRIO SUPPLY COMPANY 135296 06/28/10 704.58 TRUGREEN CHEMLAWN 135297 06/28/10 58.36 UNDERWATER WORLD 135298 06/28/10 215.00 VEOLIA ES SOLID WSTE MDW 135299 06/28/10 95,112.82 WACKENHUT CORPORATION/TH 135300 06/28/10 139.26 WHOLESALE TRUCK-TRLR PR 135301 06/28/10 55.18 WW GRAINGER,INC 135302 06/28/10 81.55 XCEL ENERGY (N S P) 135303 06/28/10 5,597.39 4,433,527.42 82 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 06/24/2010 14 Check History GL540R-V06.80 PAGE 6 06/28/2010 COUNCIL LISTING BANK VENDOR CHECK# CHECK DATE AMOUNT REPORT TOTALS: 4,433,527.42 RECORDS PRINTED - 001402 83 ACS FINANCIAL SYSTEM 06/2 4/2010 14:29:38 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 57,477.90 201 COMMUNITY DEVELOPMENT FUND 24.90 204 EDA ADMINISTRATION 53.81 212 STATE AID MAINTENANCE 7,673.26 240 LIBRARY 9,246.29 261 AFTER-SCHOOL PROGRAMS 2,466.16 265 FORFEITURE FUND 912.60 270 POLICE COMMUNITY PROGRAMS 132.85 372 HUSET PARK AREA TIF (T6) 95.00 376 TIF DISTRICTS A3/C7/C8 237.50 402 STATE AID CONSTRUCTION 311,994.18 411 CAPITAL IMP-GEN GOVT. BLDG 250.50 415 CAPITAL IMPRVMT - PIR PROJ 6,100.13 417 PUB SAFETY BLDG CONSTRUCTION 10,152.21 420 CAP IMPROVEMENT-DEVELOPMEN'T' 2,628.17 431 CAP EQUIP REPLACE-GENERAL 39,942.95 601 WATER UTILITY 94,702.22 602 SEWER UTILITY 1,341.24 603 REFUSE FUND 95,114.27 604 STORM SEWER UTILITY 57.39 609 LIQUOR 472,527.38 701 CENTRAL GARAGE 17,597.47 720 INFORMATION SYSTEMS 600.65 881 CONTRIBUTED PROJECTS-REC 6,873.19 883 CONTRIBUTED PROJECTS-OTHER 1,688.97 884 INSURANCE 1,200.00 885 PAYROLL FUND 292,436.23 886 INVESTMENT FUND 3,000,000.00 TOTAL ALL FUNDS 4,433,527.42 BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 4,433,527.42 TOTAL ALL BANKS 4,433,527.42 CITY OF COLUMBIA HEIGHTS GL0605-V06.80 RECAPPAGE GL540R &4 CITY COUNCIL LETTER Meeting of June 28, 2010 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO; APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: June 22, 2010 DATE: NO: 2010-4 7, 2010-49, 2010-50 Revocation of the License to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2010-47 - 4801-03 7t" Street 2010-49 - 3861 Edgemoor Pl. 2010-50 - 1815-17 41St Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution. Numbers 2010-47, 2010-49, and 2010-50 being ample copies available to the public, RECOMMENDED MOTION: Move to adopt Resolutian Numbers 2010-47, 201.0-49, and 2010-50 being Resolutions of the City Council of the City of Columbia I-leights approving revocation pursuant to City Cade, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed, COUNCIL ACTION: 85 RESOLUTION 2010-47 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 Shirley Apollo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801-03 7t~ Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 3, 2010 of an public hearing to be held on June 28, 2010. 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 Apri128, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June ~, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that 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. ?. That on June 15, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said retards of the Enforcement Office, the following conditions and violations ofthe City's Property Maintenance Cade were found. to exist, to-wit: a. Shall scrape and paint wherever there is peeling paint on the structure. Trim b. Shall replace the missing storm door closer. c. Shall replace the missing smoke detector upstairs. d. Shall replace any missing electrical fixtures and covers. e. Shall repair all holes in wall and door. f. Shall repair the downstairs smoke detector that was found disabled and advise tenant that it is illegal to disconnect the smoke detectors g. Shall replace all missing window screens, shall repair all damaged window screens. h. Shall repair all/any rotted trim. 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 F 10252 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2Q10 Offered by: Second by: Roll Cali: Ivlayor Gary L. Peterson Attest: Patricia Nluscovitz, ClOiIC City Clerk 88 RESOLUTION 2010-49 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 Dennis Coppess (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3861 Edgemoor Place N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 ofan public hearing to be held on June 28, 2010 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 Aprii 1 ~, 2010, inspection off ce staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed 6y regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 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 Off ee, the following conditions and violations ofthe City's Residential Maintenance Code were found to exist, to- wn: a. Failure to sub~rait 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 5A, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9782 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. 89 Passed this _ day of 2010 Offered by: Second by: Roil Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 90 RESOLUTION 2010-50 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 Angela D'Angelo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815-17 41st 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 anal reasons for the proposed Council action contained herein was given to the License Holder on June 2, 2010 ofan public hearing to beheld on June 28, 201.0 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 fallowing: FINDINGS OF FACT 1. That on or about April 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 2, 2010 inspection office staff reviewed the property file and noted that the property remaiYied 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- wn: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F9778 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. 91 Passed this day of 2010 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 92 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 28, 2010 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: 2nd Reading: Ordinance 1582, Zoning BY: Jeff Sargent, City Planner BY: f' ~ ''~ Amendment to rezone 4555 d`Jashington Street. DATE: June 24, 2010 ``-' ' ,~ `~ ~' from R-2B to R-2A. BACKGROUND: Just recently, the City of Columbia Heights was called out to 4555 Washington Street to assist in a call for service conducted by the Anoka County Department of Human Services. Upon entering the structure, it was evident that the property was being used as a duplex; however, it appeared as if the lower portion of the house was converted to a duplex illegally. The bedrooms did not have proper egress to the outdoors and the cooking facilities did not meet the minimum Building Code standards. There was also an infestation of insects and other substandard living conditions apparent throughout the living area. Ultimately, the City certified the unit as uninhabitable and declared that the lower level could not be used as a separate living unit. After reviewing city records, it was determined that in 2005 this property was inadvertently designated as a duplex use, and therefore given the zoning classification of R-2B. As stated previously, it is obvious that this structure is not set up for a duplex use and should not be used as such. Rezoning the property to R-2A will require the use of the property to revert back to the intended single-family use for the structure. If the owner would want to convert the structure to a duplex use in the future, she would have to go through the Conditional Use Permit process and show that the property meets all the minimum zoning code requirements for a duplex. C E E TI N: Move to waive the reading of Ordinance No. 1582, being ample copies available to the public. Move to adopt Ordinance No. 1582, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance I582. Attachments: Draft Ordinance 1582 (2nd Readin Format), P+Z Re ort COUNCIL ACTION 93 ORDINANCE 1582 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 4555 WASHINGTON STREET NE SECTION l: WHEREAS, the current zoning classification of the property allows for a duplex use; and WHEREAS, the current property was being used as an illegal duplex because of substandard living quarters and cooking facilities; and WHEREAS, the lower unit of the property was posted as uninhabitable because of the substandard living conditions; and WHEREAS, rezoning the subject parcel from R-2B, One and Two Family Residential to R 2A, One and Two Family Residential would ensure the proper use of the property as asingle-family dwelling unit; and A5, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and REAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from R-2B, One and Two Family Residential to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect Pram and after 30 days after its passage. First Reading: .tune 14, 2010 Second Reading: Jz-ne 28, 2010 Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 94 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2010-0603 DATE: June 1, 2010 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 4555 Washington Street NE REQUEST: Rezoning of property from R-2B to R-2A PREPARED BY: Jeff Sargent, City Planner CG OU In 2005, the Gity established the R-2B zoning classification in an attempt to identify all existing duplexes within the City. The zoning amendment also established the R-2A District, which required the need of a Conditional Use Permit, as well as minimum lot standards for future duplex uses throughout the R-2A District. The R-2B District allowed for all existing duplexes to remain as duplex uses, without the need of a Conditional Use Permit, and without needing to meet the minimum lot width and lot area standards as required in the R-2A District. After reviewing city records, it was determined that in 2005 this property was inadvertently designated as a duplex use, and therefore given the zoning classification of R-2B. As stated previously, it is obvious that this structure is not set up for a duplex use and should not be used as such. Rezoning the property to R-2A will require the use of the property to revert back to the intended single-family use for the structure. If the owner would want to convert the structure to a duplex use in the future, she would have to go through the Conditional Use Permit process and show that the property meets all the minimum zoning City of Columbia Heights Planning Commission )une 1, 2010 4555 Washington Street NE Case # 2010- 0603 code requirements for a duplex. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require asingle-family use would be consistent with the guidance of the Comprehensive Plan. ZONING ORDINANCE The subject property is currently zoned R-2B, One and Two Family Residential. All immediately abutting properties are zoned R-2A, One and Two Family Residential and are all single-family homes. The proposed zoning classification for the subject property is also R-2A, which would be consistent with the zoning classification in the area. Because the house is not constructed to support a legal duplex use, rezoning the property to R-2A would be consistent with asingle-family use for the property. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Low Density Residential. Rezoning the land to require asingle-family use would be consistent with the guidance of the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would ensure that the property would no longer be able to be used as a duplex without future approval by the City Council. Being that the current conditions of the lower-level living space is not conducive to proper, safe and standard living conditions as a separate living unit, the proposed amendment would be in the interest of the public. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is for low-density residential. All properties in the immediate vicinity are also zoned for low-density residential. The proposed zoning classification for the subject property is compatible with the surrounding zoning classifications. Page 2 96 Cit}~ of Columbia Heights Planning Commission June 1, 2010 4555 Washington Street NE Case # 2010- 0603 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The property was being used illegally as a duplex, with living quarters and cooking facilities being substandard to proper living conditions, including the lack of legal egress windows. The rezoning of the property will ensure that the building will be a single-family house only, which is compatible with the intended use of the property. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the rezoning of the property located at 4555 Washington Street from R-2B, One and Two Family Residential to R-ZA, One and Two Family Residential. ~4 chrr~er~ts ® Location Map • Zoning Map • Draft Rezoning Ordinance Page 3 97 4555 Washington Street N E 4730 4731 4726 4725 4723 4720 4716 4714 4712 4717 4708 4704 .___ 4709 .___ 4704 7 4858 528 4658 ~ 4646 ~ 4651 4650 45 4636 4643 4642 39 4632 4635 4638 35 4628 4629 4634 15 4622 X21 4630 4617 4624 11 4616 4622 4607 OS 4612 = 4600 4600 ~ 4603 01 57 `u"'~ 4557 4558 53 4554 ,1,553 9 4550 45 5 4544 4545 4542 37 4536 4541 33 4532 '~37 4532 29 4528 4531 4522 25 4522 4525 4514 17 4518 5 5 4512 13 4510 4510 07 4506 ~ 'n v 01 4500 ~ ~ 4500 45TH AVE 55 4452 ~ 4455 4456 ~ 51 4444 ~ 445 4448 ~ 44 3 4438 X37 4436 33 443 3 ", 4429 ~n ,7 ~/2 AVE O e} N N O d' O ~ t0 tOOO ~ ~ ~ ~ °o ~n i vii m c°o n ao m m i ~ ~ ~ ~ ua m m ~o m m ~a I 47 TH AVE 4657 4659 ~ r N ~ co 00 .t N ~ ~ ~'~ t 0 t 0 ~ v ~ t~0 ~ ~ ~ ~ 4649 4650 4 644 tO `O 4643 4644 47 464 4642 4639 4636 4636 ~ ~ ~ 665 4633 4637 4630 46 0 4626 4625 4624 4617 4625 4624 p 4619 4618 ~ ~ u~+ ~ ~ n ti m 4612 f- ~ 4619 us ro ea m eo m eo m 4611 4610 Z 4613 4612 ~ 4613 4605 4606 = 4607 4606 W 4607 ~ 4601 4600 ~ 4601 4600 W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4601 550 560 4559 4558 4559 ~~ 552 4556 4557 4528 4551 4550 4555 4539 4545 4542 546 4550 4524 4541 4540 4537 4536 4537 45'x' 4522 4537 4538 ~~ 4533 4 4532 4535 ~~ 4533 4520 4529 4533 4531 d527 4529 4528 4527 4518 4525 4525 4528 4529 4516 4521 4522 4521 4517 4519 4518 4517 4516 ~yr13 4514 4513 4507 4512 4511 4510 4512 4509 4504 4506 x- 4505 ® 4501 4500 ~ ~ ~ 4504 ._,,. ~~nn ten, 4soa 4755 4452 F- 4453 620 ~ ,4,453 4448 ~ 4449 4448 ~ 4442 4445 4443 4440 4438 4441 4,439 4436 4432 4433 4434 4437 4429 4426 n dd26 ~ 4425 F- I 4433 I 4430 4426 s ~- t-~ Location Map 98 oing Map Changes deg@I1C~ 0 R-1 -Single Family Residential District R-2A - Cne and Two Family Residential District R-2B -Built as Duplexes R-3 -Multiple Family Residential District R-4 -Multiple Family Residential District ~~ MXD -Mixed Use District LB -Limited Business District CBD -Central Business District -~ GB -General Business District I -industrial District ~_~; 1-2 -Industrial District ~J PO -Public and Open Space Right-of-Way City of Hilltop and Mpls Water Works Hilltop_MWW Background 4 4633 4637 4632 4630 4630 4626 4625 4624 4617 Z 4625 4624 p 4619 4618 Z 4619 ~ 4612 F- O cc 4611 4610 Z 4613 4612 ~ 4613 4605 4606 ~ 4607 4606 ~ 4607 ~ 4601 4600 ~ 4601 4600 W 4601 ~ 550 560 4559 55 4559 4551 4550 4555 4552 4539 4545 4542 4546 4541 4540 4537 4536 4537 4537 4538 4535 , 4533 4535 4532 4529 4533 4527 4529 4525 4525 4528 4529 4 4521 4519 4517 4518 4517 4513 4512 4507 4512 4511 4633 4637 46 2 4630 4630 4626 4625 4624 4617 z 4625 4624 p 4619 4618 ~ 4619 4612 H ca 4611 4610 4613 4612 4613 4605 4606 4607 4606 4607 4601 4600 ~ 4601 4600 W 4601 550 560 4559 55 4559 4551 4550 4552 4539 4545 4542 4555 4546 4541 4540 4537 4536 4537 4537 4538 4535 4533 4535 4533 4532 4529 4533 4527 4529 4525 4525 4528 4529 4521 4519 4517 4518 4517 4513. 4512 ._.507 4512 4511 99