HomeMy WebLinkAbout10/08/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor
Gary L.Peterson
590 40`h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our webslteat:",H,iy.cP.C'ol[tiribia-heizlits.HPn.us Robert A. Williams
Bruce Nawrocki
Tammera Dichm
Donna Schmitt
City Manager
Walter R.Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, October 08, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and
activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96
hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or
hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastor Max Richter, United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS, GUESTS
A. Introduce new Accounting Clerk 1, Emily Carr
B. Proclamation of Polish American Heritage Month
C. Proclamation of Homelessness Awareness Month
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of September 24, 2012 City Council Meeting
MOTION: Move to approve the minutes of the September 24, 2012 City Council Meeting
B. Approve minutes of Special Assessment Hearing of October 1 2012
MOTION: Move to approve minutes of the 6:00 PM Special Assessment Hearing minutes of
October 1, 2012
MOTION: Move to approve minutes of the 6:15 PM Special Assessment Hearing minutes of
October 1, 2012
MOTION: Move to approve minutes of the 6:30 PM Special Assessment Hearing minutes of
October 1, 2012
MOTION: Move to approve minutes of the 6:45 PM Special Assessment Hearing minutes of
October 1, 2012
City Council Agenda
Monday,October 08,2012
Page 2 of 3
C. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the October 2, 2012 Planning and Zoning Commission Meeting
Minutes
D. Approve Assignment of Management Agreement for NE Business Center
MOTION: Move to approve the Collateral Assignment of Management Agreement for the
Parking Facility and Lease of the Plaza Property and Option to Purchase Parking Property and
authorize the City Manager to Sign the Same.
E. Approve Gambling Permit: Immaculate Conception Church event November 17 2012
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling
permit for Immaculate Conception Church to conduct bingo at their event being held November
17, 2012 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of
Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing
body.
F. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for October 8,
2012 as presented.
G. Payment of bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council
has received the list of claims paid covering check numbers 145203 through 145383 in the
amount of$647,375.23.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolution 2012-130 being Resolution for the Approval of a 30-inch height variance for a
fence in the front yard at 3919 Reservoir Blvd.
MOTION: Move to waive the reading of Resolution 2012-130, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2012-130, approving the 30-inch height variance for a
fence in the front yard at 3919 Reservoir Boulevard NE, subject to the conditions outlined in
Resolution No. 2012-130.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
Bid Considerations - none
B. New Business and Reports - none
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
City Council Agenda
Monday,October 08,2012
Page 3 of 3
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. ADJOURNMENT
Joseph Kloiber, Acting City Manager
JKj"tal
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 24,2012
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday,
September 24, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION/APPOINT SECRETARY
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm,
Councilmember Schmitt
Invocation by Rev. Bob Lyndes, Crest View Communities
A. Appoint City Council Secretary, Tori Leonhardt
Motion: Move to appoint Tori Leonhardt as City Council Secretary
Motion by Nawrocki, seconded by Williams to appoint Tori Leonhardt as City Council Secretary. Upon
vote all ayes: Motion carried.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items submitted
after the agenda preparation deadline.)
Peterson removed items 613, Resolution No. 2012-118, 2012-119 and 2012-120, as the properties have
been brought into compliance.
Motion by Nawrocki to add council corner to the agenda. Peterson called for a second. Motion died for
lack of a second.
PROCLAMATIONS,PRESENTATIONS,RECOGNITION ANNOUNCEMENTS GUESTS
A. Retirement-Patty Muscovitz, City Clerk
Mayor Peterson stated the time has finally come when Patty is going to retire.
City Manager Walt Fehst stated Patty is thorough and very hard working and we are going to miss her a
lot. She has been a major factor in this office in the successful accomplishment of our goals. Fehst is
impressed by her public demeanor and stated she was the best city clerk he has worked with in 40 years.
Mayor Peterson stated that Patty has a lot of plaques on the wall as she was Employee of the Year,
received the Above and Beyond award, and numerous other awards during her career. She was the spot
of sunshine in everyone's life and she would be greatly missed. He thanked her for all she has done
over the years.
7
City Council Minutes
Monday, September 10,2012
Page 2 of 8
Williams stated that Patty did everything we ever asked her and always did it with professionalism. She
was a saint and stated he will see her again.
Diehm spoke about how elected officials are usually the face of the city as they have the opportunity to
speak at the meetings, when actually it is usually our staff that makes the city a great place. Patty has
always been there to give her information and guidance. Diehm stated she was really going to miss her.
Nawrocki indicated he was the one who nominated her for Employee of the Year and went on to say that
you can always call on her to do an outstanding job. He wished her good luck.
Schmitt indicated that Patty has been a great help to her in the transition of learning the job and was
outstanding at answering questions and appreciates her thoroughness.
Mayor Peterson presented Patty with her plaque and pen set.
Muscovitz thanked the city council, staff and mayor for allowing her the honor to be a part of this
community. She also thanked the Sister Cities committee members, Pastor Lyons, Pastor Briley, Pastor
Thompson who have done the invocations over the years, Brian from the Fire House Gym, Board and
Commission members and all her election judges whose friendship and dedication to this community
have been outstanding. Muscovitz thanked Harold Hoium and Wally Logacz (rest in peace) for their
dedication and commitment to the community.
B. Introduction of new Accounting Clerk Il-Utilities, Jill Haley
Finance Director Joseph Kloiber introduced Jill Haley as the city's new lead Utility Billing Clerk.
Haley stated she worked for the City of Coon Rapids for eight years and is looking forward to serving
the people of Columbia Heights.
Diehm announced that sometime ago there was a presentation about a street car project that the City of
Minneapolis was looking at doing and they have since started a Nicollet Central Transit Committee and
a committee of staff members, elected and appointed officials. The first meeting of elected officials was
this afternoon. The committee has received a federal grant to study different alternatives.
Diehm stated they have set up three open houses. The first being, Wednesday, September 26, from 11
am to 1:00 PM at the Minneapolis Library, the second from 5:30—7:30 PM at the 5`h Precinct Police
Station and the third on Thursday, September 27 from 5:30— 7:30 PM at the Eastside Food Co-op.
This is an opportunity for the residents of the corridor area that stretches from North East Minneapolis to
the transit station here in Columbia Heights to hear what is proposed and have some input to the project.
The time line for this project is in the next year to gather information and the city of Minneapolis will
make a recommendation to the Met Council on its finding. Diehm stated she will provide more
information as it becomes available.
Nawrocki indicated he had attended some meetings a long time ago, and did not get a lot of enthusiasm
about street cars running up here. There was concern through the business district along Central Avenue
about losing parking spaces.
Peterson thanked Diehm for volunteering her time and keeping us updated on this issue.
8
City Council Minutes
Monday, September 10,2012
Page 3 of 8
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent
Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order
of business.)
Nawrocki requested to have items C, D and E removed off the consent agenda for discussion.
City Manager Walt Fehst took the Council members through the remaining consent agenda items.
A. Approve minutes of the September 10 2012 City Council meeting
MOTION: Move to approve minutes of the September 10, 2012 City Council meeting.
B. Accept Board and Commission meeting minutes
MOTION: Move to accept the August 1, 2012 minutes of the Library Board.
C. Approve HVAC Preventive Maintenance Services for City Facilities—REMOVED
D. Adopt Resolution No 2012-113 being a resolution authorizing Execution of Agreement with
Independent School District#13. -REMOVED
E. Adopt Resolution 2012-114 being a Resolution Establishing Amount of City Share and Amount of
Special Assessments on Proiects to be Levied- REMOVED
F. Approval of the attached list of rental housing licenses
MOTION: Move to approve the items listed for rental housing license applications for September
24, 2012 in that they have met the requirements of the Property Maintenance Code.
G. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for September 24,
2012 as presented.
H. Review payment of bills
MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has
received the list of claims paid covering check number 145048 through 145202 in the amount of
$690,800.00.
Motion by Councilmember Diehm, seconded by Councilmember Williams, to approve the Consent
Agenda items with the exception of items C, D and E. Motion passed unanimously.
Item C (Removed from consent): Discussion on Approve HVAC Preventive Maintenance
Services for City Facilities.
Nawrocki questioned the amount of services and why we are not taking competitive bids for
contracts of that size. We should be taking competitive bids for contracts of that size.
Magee stated in late 2009 when the city ended their contractual relationship with Honeywell, the city
sent out proposals to eight companies and received six proposals back. After a review of the
9
City Council Minutes
Monday, September 10,2012
Page 4 of 8
proposals, staff did recommend Horwitz NSI for the city facilities, with the exception of Murzyn
Hall and the Public Safety building. Murzyn Hall did come on board a year later and the Public
Safety building was under contract with Master Mechanical with their contract ending in November
of 2012.
Magee stated city staff was happy with Horwitz NSI and did not feel it was necessary to go out for
request for proposals for services for the city facilities or Murzyn Hall. The city did receive a
solicited bid from another company for the Public Safety building. The proposal received from
Horwitz NSI for the Public Safety building in totality was the lower responsible bid.
Nawrocki stated we need to be looking at getting the best price for the tax payers and we should be
doing that by bidding. He opposed giving the contract without getting competitive bids.
Motion by: Williams, seconded by Diehm to approve a new three year contract with Horwitz-NSI
for HVAC Preventive Maintenance Services for City Facilities effective November 24, 2012 through
November 23, 2015, at a cost of$46,489 for Year 1, $47,419 for Year 2, and $48,368 for Year 3;
and to authorize the Mayor and City Manager to enter into a contract for same.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay.
Motion carried.
Item D (Removed from consent): Discussion on Adopt Resolution No. 2012-113, being a
resolution authorizing Execution of Agreement with Independent School District#13.
Nawrocki asked for an explanation of what is proposed to be paid for with these funds and if this is
local property tax money.
Fehst stated this is an agreement with the school district for the 21"Century Community Learning
Center ongoing grant. The State Department of Education is now requiring a written agreement for
funds. The funds are used for Culture in the Arts, Read Dogs, and summer reading programs to
name a few. The city use to administer the program as an after school program called Chase.
Nawrocki questioned if this money covers all the reimbursement of the program or if it is taxpayer
funds.
Fehst stated this is all taxpayer money when it comes through the Department of Education and does
not require any matching funds from the city.
Diehm stated this is a great example of what we do and how we go out and find creative ways to
provide services to our residents. This program is a great opportunity for youth in the community
and is proud of the history of the city participating in these programs.
Motion by Diehm, seconded by Schmitt, to waive the reading of Resolution No. 2012-113, being
ample copies available to the public.
Motion by Diebm, seconded by Schmitt to adopt Resolution No. 2012-113, being a resolution
authorizing Execution of Agreement with Independent School District#13.
Upon vote Motion carried.
10
City Council Minutes
Monday, September 10,2012
Page 5 of 8
Item E (Removed from consent): Discussion on Adopt Resolution 2012-114 being a Resolution
Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied.
Nawrocki asked how the numbers compare to the city/assessed portion we were originally given and
asked for a copy of the amounts.
Fehst stated that the proportional rate is exactly the same as in the past and he would get him a copy
by Friday.
Motion by Williams, seconded by Diehm to waive the reading of Resolution 2012-114, there being
ample copies available for the public.
Motion by Williams, seconded by Diehm to adopt Resolution 2012-114 being a resolution
establishing amount of City share and amount of special assessments on projects to be levied.
Upon vote Motion carried.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2012-115, 4538 5th Street N.E., 2012-116, 4544 6th Street N.E., and 2012-117,
1102 Gould Avenue N.E. being declarations of nuisance and abatement of violations within the City
of Columbia Heights.
Fire Chief Gorman stated the abatements include a concrete block retaining wall falling over,
repairing a retaining wall, dead tree and stump, and removal of an uprooted tree.
Nawrocki asked if the tree at the Gould property was in back because he did not see it.
Gorman stated that he did believe that is was.
Peterson asked if anyone was present representing the properties.
Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of
Resolution Numbers 2012-115, 116 and 117 being ample copies available to the public.
Upon vote: All ayes. Motion carried.
Motion: Move to adopt Resolution Numbers 2012-115, 116, and 117 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.
Motion by Williams, second by Schmitt to adopt Resolution Numbers 2012-115, 116 and 117 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.
B. Adopt Resolutions 2012-121, 4351 3rd Street N.E., 2012-122, 1301-03 Circle Terrace Boulevard
N.E., and 2012-123, 939-4142-1/2 Avenue N.E., being Resolutions of the City Council of the City
of Columbia Heights approving rental license revocation for failure to meet the requirements of the
11
City Council Minutes
Monday, September 10,2012
Page 6 of 8
Property Maintenance Codes.
Gorman stated these properties have either not obtained the required rental license or renewed
their rental licenses.
Peterson asked if anyone was present representing the properties.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012-
121, 122, and 123 being ample copies available to the public.
Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of
Resolution Numbers 2012-121,122, and 123 being ample copies available to the public.
Upon vote: All ayes. Motion carried.
MOTION: Move to adopt Resolution Numbers 2012-121, 122, and 123 being Resolutions of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter
5A,Article IV, Section 5A.408(A)of the rental licenses listed.
Motion by Williams, second by Schmitt to adopt Resolution Numbers 2012-121, 122, and 123 being
Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to
City Code, Chapter 5A,Article IV, Section 5A.408(A) of the rental licenses listed.
Upon vote: All ayes. Motion carried.
C. 2nd Reading of Ordinance 1609, being a Zoning Amendment as it Relates to Temporary Signs
MOTION: Move to waive the reading of Ordinance No. 1609, being ample copies available to the
public.
Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of
Ordinance 1609, being ample copies available to the public.
Upon vote: All ayes. Motion carried.
Nawrocki stated since we are not requiring a permit for these signs how are we going to be
monitoring the time they are up.
Peterson indicated that the zoning administrator will monitor this.
Fehst stated the zoning administrator has a tickler file every week.
Diehm stated she was in favor of these signs and we want to make sure we are regulating these signs.
She indicated local businesses have come forward regarding some challenges they are having with
people not being able to see where they are located.
Motion: Move to adopt Ordinance No. 1609, being an ordinance amending Ordinance No. 1490
City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1609.
Upon vote: All ayes. Motion carried.
12
City Council Minutes
Monday, September 10,2012
Page 7 of 8
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations -none
C. New Business and Reports -none
Nawrocki indicated he had questions on the budget and stated a comment was made about moving
ahead, and maybe the time has come on how we handle our money.
Peterson feels we are doing a fine job on preparing our budgets and we have jumped two levels in our
bond rating.
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated the city will be slip lining water main 3 8t and University.
Argonne lift station is proceeding with work and is expected to be completed in about two weeks.
McKenna playground equipment will be going in this week and next week.
The County contractor is currently laying fiber optic lines and is supposed to be done by November.
They did the general lines, but in our city they will be putting a line in our public facilities from the main
line. According to IS Director, Aleksandr Chemin, it will not be operational until 2013 and stated we
are going to run the course with our Comcast contract and then we will decide if we go with county or
not.
Nawrocki asked when the County board meeting would be.
Fehst stated it is scheduled for October 9"at 9:30am here in the council chambers.
Nawrocki talked to State Senator Goodwin on mandates on city budgets and is awaiting a list on
mandates from staff.
Fehst indicated he called Gary Carlson at the League and is waiting for mandates.
Nawrocki expressed his disappointment in reading in the Green Sheet that there was a dedication of a
plaque for Rita Petkoff and he was not aware of the dedication ceremony.
Fehst stated he believed the family wanted the ceremony to be for family and friends.
Report of the City Attorney-None
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
13
City Council Minutes
Monday,September 10,2012
Page 8 of 8
Peterson ended the meeting with asking that we do not forget our service men and women and keep
them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness.
10. ADJOURNMENT
Mayor Peterson adjourned the meeting at 7:47 PM.
Tori Leonhardt, City Clerk
14
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY, OCTOBER 1,2012 6:00 P.M.
Roll Call/Pledge of Allegiance
Present: Council President Diehm, Council member Nawrocki, and Council member Schmitt.
Absent: Mayor Peterson and Council member Williams.
Nawrocki stated that he would like to have the assessment hearings as a part of the regular scheduled
council meeting as it is not unusual that we do not get everyone here on a Monday.
Resolution No. 2012-124, being a Resolution Levying and Adopting the Assessment for 2012 Zone 6
Seal Coat Improvements, Project 1201
a. Presentation by City Staff providing background information on the above
mentioned improvement projects.
Kevin Hansen, Public Works Director, stated this assessment is for the 2012 seal coating program. The
project has been completed. This meeting will adopt the assessment role and looks at setting the
interest rate for the term of the project. Seal coating is a one year assessment. The street rate is $ 297
per unit and avenue is $99. The final costs are consistent with the bids approved by the Council on
March 26, 2012. For comparison purposes, the street assessment rate for the most recent seal coat
project in 2011 was $297.
As part of the Levy Hearing, the City Council establishes the interest rate prior to levying the
assessment. All mailed assessment notices were noticed with a 6% interest rate.
b. Questions/Comments from City Council and the Public.
Nawrocki stated he had previously reported the sidewalk along the southwest corner of 42nd and 6th
street still had spotting on it from the seal coating that was previously completed.
Hansen explained in the contractor's opinion, the product that would most likely clean it would be a
fuel based product like kerosene. It was also the contractors opinion that the over spray would wear
off within a year. Public works personnel went out to site today and tried kerosene,but Hansen did
not hear the results if it cleaned it or not, but if it does they will require the contractor to clean it.
Nawrocki asked if we are withholding any money from the contractor.
Hansen stated yes we are, but would have to wait to see if the kerosene removes the spotting before
they would withhold money for that.
Nawrocki would like to see the proposed 6% interest assessment fee lowered to 4%.
Diehm asked if Hansen could explain what is and what is not factored in to the costs.
Hansen stated that city normally bonds for upcoming projects and the current bond rate is
approximately in the 3.5%range. We look at the recommendation of the council and the cost of the
money and typically factor in 1.5%.
15
Special Assessment Hearing
Seal Coat—6:00 P.M.
Page 2
Members of audience-
Joanne Hodgman, 4047 6"b Street, stated she had voted against the previous water main repair project
and now they are being hit with the seal coating project. Speaking on behalf of her neighbors, who are
mostly seniors, these are unexpected costs that keep coming up and they cannot afford. Hodgman
asked what other costs they can expect in the upcoming years.
Hansen explained the city has had the street rehabilitation program since 1997. The city is broken
down into different zones and the city try's to do one zone per year. This year is the second time
through the city. Information is put out on city website and in the city newsletter. The city tries to get
the information out to residents at least a year in advance. This is a well-established program and it
seems to be working to keep higher repair costs down. There is nothing planned in this area for 8-10
years. City is taking 2 years off. We are looking into repairs to the sanitary system, but we will hold a
separate public meeting on that since we are still in the investigation stage.
Hodgman stated they have been inundated with notices for purchasing warranty programs, and wanted
to know what the city does with the funds they receive from this program. Hodgman also asked if this
warranty program would cover the upcoming sewer projects.
Hanson stated this program was put forth by an independent contractor and the City Council elected
not to receives proceeds from this program. This warranty program covers the services from the house
to the pipe in the street and it covers when there are structural failures.
Nawrocki informed the residents that on all city street work you will pay a full assessment for the street
in front of your property and a third of the cost on a side street. The reason being is people will use the
side street approximately a third of the time. Every so many years streets will be dug up and redone.
Permanent paving last for approximately 25-30 years. By seal coating it keeps up the maintenance of
the street so we do not have to do the larger projects as often.
Motion by Schmitt, second by Nawrocki, to close the Public Hearing and waive the reading of
Resolution 2012-124, there being ample copies available to the public. Upon Vote Motioned carried.
Motion to amend by Schmitt, second by Diehm to amend interest to rate from 6% to 5%.
Motion by Nawrocki to move to amend to 4%. Diehm called for a second to the motion to amendment.
Motion died for lack of a motion.
Motion by Schmitt, second by Nawrocki, to amend the motion to reducing the interest rate from 6% to
5% interest rate in the seal coat assessment.
Upon vote of the original motion to amend: Schmitt, aye; Diehm, aye;Nawrocki, aye; 3 ayes.
Motion carried.
Motion by Schmitt, second by Nawrocki, to adopt Resolution 2012-124, being a resolution levying and
adopting the assessment for 2012 Zone 6 Seal Coat Improvements, Project 1201 with a 5% interest
rate. Upon vote: All ayes. Motion carried.
16
Special Assessment Hearing
Seal Coat— 6:00 P.M.
Page 3
Adjourn
Council President Diehm adjourned the meeting at 6:25 PM.
Tori Leonhardt, City Clerk
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2012-124
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR
2012 ZONE 6 SEAL COAT IMPROVEMENTS,PROJECT 1201
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings,heretofore had: Special Assessments
numbered 2012-Z6-01-001: 5"Street NE from 401"Avenue to 44`"Avenue,Jackson Street NE from 40'"Avenue to 41'
Avenue,41"Avenue NE from 4`h Street to Central Avenue,42nd Avenue NE from University Service Drive to Central
Avenue,43`d Avenue NE from 4" Street to Central Avenue,and adjoining streets or avenues all in Project 1201.
WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 6:00 o'clock p.m. on the I'day of
October,2012,in the City Council Chamber,590 40"Avenue N.E.,Columbia Heights,Minnesota,being the time and place
set when and where all persons interested could appear and be heard by the Council with respect to benefits,and to the
proportion of the cost of making the local improvements above described,a notice of such hearing having been heretofore
duly published as required by law,and a notice mailed to each property owner of record,stating the proposed amount of the
assessment; and,
WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and
described as"Seal Coat"numbered 2012-Z6-01-001,a copy of which is attached hereto and made a part
hereof.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is specially benefited by such improvement in an amount not less than the
amount set opposite in the column headed"Actual Assessment Amounts". And this Council further finds
and determines that the proper proportion of the cost of such improvements to be specially assessed
against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of
land respectively in said assessment roll.
Section 3: That said assessments may be paid in part or in full without interest on or before October 31,2012. Any
unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with
the taxes payable in the year 2013. The annual principal installments,together with 5%interest accrued
on the unpaid balance are due and payable with the real estate taxes for a period of one year or less as
designated on the assessment roll.
17
Special Assessment Hearing
Seal Coat— 6:00 P.M.
Page 4
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify
and confirm all other proceedings heretofore had in regard to this improvement,and said improvement
shall hereafter be known and numbered as Local Improvement numbered 2012-Z6-01-001,Project 1201.
Section 5: This resolution shall take effect immediately upon its passage.
Passed this l'day of October 2012 CITY OF COLUMBIA HEIGHTS
Offered by: Schmitt
Seconded by:Nawrocki
Roll Call: Schmitt aye,Deihm aye,Nawrocki aye:3 ayes;motion carried.
Council President Tammera Diehm
Council member Nawrocki
Tori Leonhardt,City Clerk
18
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY, OCTOBER 1, 2012 6:15 P.M.
Roll Call/Pledge of Allegiance
Present: Council President Diehm, Council member Nawrocki, and Council member Schmitt
Absent: Mayor Peterson and Council member Williams
Resolution 2012-125,being a Resolution Levying and Adopting the Assessment for 2012 Zone 7
Street Improvements, Project 1202
a.Presentation by City Staff providing background information on the above mentioned improvement
project.
Kevin Hansen, Public Works Director, stated this assessment is for the Zone 7 street rehabilitation
project. The streets included are 3rd Street from 42°d Avenue to 44`h Avenue and Summit Street from
5`h Street to 40`h Avenue. The work is finished and the city is withholding money for warranty items.
The final assessment rates are about 3.7% lower than the rates at the Improvement hearing in January.
The costs are$1,746.75 per residential street, $582.25 per residential avenue and for multi-family
residents the costs are$2,133.00 per non-residential street and $685.00 per non-residential Avenue.
b.Questions/Comments from City Council and the Public.
Sondrea Wallis, 546 Summit Street, stated that she and her neighbors are upset and do not want it.
The street is in good shape and the curbs are in good condition. Her house value has dropped and is
having trouble paying all these fees. Most people in her neighborhood are between 65-80 years old
and living on social security and cannot afford this.
Hansen stated that there are assistance programs through the city for residents on social security or
who are disabled along with a deferral program that is income based.
Wallis stated she has requested forms and never heard from anyone.
Hansen asked if we can send her the forms and passed around a sheet for the residents to put their
names and addresses on and would send out forms to them.
Pamela Sadio, 510 Summit Street, stated she has an empty lot at 504 Summit Street and asked why
she is being assessed for an empty lot.
Hansen stated the policy for Columbia Heights is if the lot is buildable and a benefit to the property, it
is assessable, which is in accordance to the state statue. All property is assessable in the state of
Minnesota.
Kloiber stated each property received notice and on each notice it states how to apply for programs.
Diehm suggested we look at posting these applications on our website for the residents.
Schmitt stated we could also get some applications to the senior center.
Motion by Schmitt, second by Nawrocki, to close the Public Hearing and waive the reading of
Resolution 20112-125,there being ample copies available to the public. Upon vote: All Ayes, Motion
19
Special Assessment Levy Hearing 6:15 p.m.
Page 2
carried.
Motion by Schmitt, second by Nawrocki, to amend the interest rate to five percent for the 2012 Zone
7 Street Improvements.
Motion by Schmitt, second by Nawrocki, to adopt Resolution 2012-125 with amendment,being a
resolution levying and adopting the assessment, for 2011 Zone 6 Street Improvements Project 1102,
with interest rate of 5%.Upon vote: All ayes. Motion carried.
Nawrocki stated he did not think that the work needed to be done, did not vote for it and understands
how difficult it is for the residents to pay for it. He would like to see the interest rate at 4%.
Resolution 2012-128,being a Resolution to Certify Petition and Waiver Assessments
Motion by Schmitt, second by Nawrocki, to close the Public Hearing and waive the reading of
Resolution 2012-128, there being ample copies available to the public. Upon vote: All Ayes, Motion
carried.
Diehm stated the point of order is that the approved interest rate is 5%percent.
Motion by Schmitt, second by Nawrocki, to amend the interest rate to 5% for the 2012 Petition and
waiver assessments for collection with real estate taxes.
Motion by Schmitt, second by Nawrocki, to adopt Resolution 2012-128 with amendment,being a
resolution to certify 2012 petition and waiver assessments to Anoka County for collection with real
estate taxes with an interest rate of 5%. Upon vote: All ayes. Motion carried.
Adjourn
Council President Diehm adjourned the meeting at 6:34 p.m.
Tori Leonhardt, City Clerk
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2012-125
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR
2012 ZONE 7 STREET IMPROVEMENTS,PROJECT 1202
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings,heretofore had: Special Assessments
numbered 2011
20
Special Assessment Levy Hearing 6:15 p.m.
Page 3
-Z6-02-001,and 2012-Z7-44-001: Mill and Overlay on 3" Street NE from 42"d Avenue to 44"Avenue,Summit Street NE from
5"Street to 40"Avenue,and adjoining streets and avenues all in Project 1202—Zone 7.
WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 6:15 o'clock p,m. on the I'day of October,
2012,in the City Council Chamber,590 40"Avenue N.E.,Columbia Heights,Minnesota,being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits,and to the proportion of the cost of
making the local improvements above described,a notice of such hearing having been heretofore duly published as required by
law,and a notice mailed to each property owner of record,stating the proposed amount of the assessment;and,
WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment
roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described
as"Mill and Overlay"numbered 2012-Z7-44-001,Project 1202,a copy of which is attached hereto and made a
part hereof.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the amount set
opposite in the column headed"Actual Assessment Amounts". And this Council further finds and determines
that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of
land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment
roll.
Section 3: That said assessments may be paid in part or in full without interest on or before October 31,2012. Any unpaid
amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes
payable in the year 2013. The annual principal installments,together with 5%interest accrued on the unpaid
balance are due and payable with the real estate taxes for a period of fifteen years or less as designated on the
assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify and
confirm all other proceedings heretofore had in regard to this improvement,and said improvement shall
hereafter be known and numbered as Local Improvement numbered 2012-Z7-44-001,Project 1202.
Section 5: This resolution shall take effect immediately upon its passage.
Passed this 151 day of October 2012 CITY OF COLUMBIA HEIGHTS
Offered by: Schmitt
Seconded by:Nawrocki
Roll Call: Schmitt aye,Deihm aye,Nawrocki aye: 3 ayes;motion carried.
Council President Tammera Diehm
Tori Leonhardt,City Clerk Council Member Schmitt
21
Special Assessment Levy Hearing 6:15 p.m.
Page 4
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2012-128
RESOLUTION TO CERTIFY 2011 PETITION AND WAIVER ASSESSMENTS
TO ANOKA COUNTY FOR COLLECTION WITH REAL ESTATE TAXES
WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights
for public hearings and appeals as provided in Minnesota State Statute; and,
WHEREAS, said improvements have been completed; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has
prepared an assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and Waiver
Construction Work known and described as"Petition/Waiver"numbered 2012-SP-43-001, a
copy of which is attached hereto and made a part hereof.
Section 2: That said assessments may be paid in part or in full without interest on or before October 31,
2012. Any unpaid amount will be certified to Anoka County for collection with the real
estate taxes beginning with the taxes payable in the year 2013. The annual principal
installments, together with 6% interest accrued on the unpaid balance are due and payable
with the real estate taxes for a period of ten years.
Section 3: This resolution shall take effect immediately upon its passage.
Passed this I"day of October 2012 CITY OF COLUMBIA HEIGHTS
Offered by:
Seconded by:
Roll Call:
Council President Tammera Diehm
Tori Leonhardt, City Clerk Council member Schmitt
22
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY,OCTOBER 1, 2012 6:30 P.M.
Roll Call/Pledge of Allegiance
Present: Council President Diehm, Council member Nawrocki, and Council member Schmitt.
Absent: Mayor Peterson and Council member Williams.
Resolution 2012-126 being a Resolution Levying and Adopting the Assessment for 2012 Concrete Alley
Improvements,Proiect 1111.
a. Presentation by City Staff providing background information on the above mentioned improvement
project.
Kevin Hansen, Public Works Director, stated this assessment is for the 2012 concrete alley program. The
alley is located between Jackson and Van Buren Streets from 40`h Avenue to 160' north of 40`h Avenue.
Alleys are assessed 100% to the abutting property owners. The proposed improvement cost is $11, 286 for
the alley located at 831 40`h Avenue NE and$12,890 for the alley located at 843 40`h Avenue NE. The
final construction costs are consistent with the low bids approved by the Council on April 23,2012, as part
of the Zone 7 Rehabilitation project.
As part of the Levy Hearing, the City Council establishes the interest rate prior to levying the assessment.
All mailed assessment notices were noticed with a 6.0% interest rate.
Questions/Comments from City Council and the Public-none
Motion by Schmitt, second by Nawrocki, to close the Public Hearing and waive the reading
of Resolution 2012-126, there being ample copies available to the public. Upon Vote: All Ayes,Motioned
carried.
Motion by Nawrocki seconded by Schmitt to amend the interest to rate from 6% to 5%.
Motion by Schmitt, second by Nawrocki to adopt Resolution 2012-126 with amendment of interest rate of
5%, being a resolution levying and adopting the assessment for 2012 Concrete Alley
Improvements, Project 1111.
Upon Vote: All Ayes, Motioned carried
Resolution 2012-127, being a Resolution to Levying and Adopting the Assessment for 2012 Sidewalk
Improvements, Project 1209.
a. Presentation by City Staff providing background information on the above mentioned
Improvement project.
Kevin Hansen, Public Works Director, stated this assessment is for the 2012 concrete sidewalk
improvement that was approved on May 29, 2012 as recommended by the Traffic Commission. The
project completes the sidewalk along the north side of 43'd Avenue between Quincy Street and Central
23
Avenue and provides pedestrian ramps for access from 43`d Avenue to the sidewalk. Sidewalks are
assessed 100% to the abutting property owner. The final assessment rate is the same as what was proposed
at the Public Improvement hearing. The proposed amount is $14,245.00 for the concrete sidewalk located
along 4300 Central Avenue NE.
As part of the Levy Hearing, the City Council establishes the interest rate prior to levying the assessment.
All mailed assessment notices were noticed with a 6% interest rate.
Questions/Comments from City Council and the Public-none
Motion by Scmitt, second by Nawrocki, to close the Public Hearing and waive the reading
of Resolution 2012-127, there being ample copies available to the public. Upon Vote: Motioned carried.
5%percent.
Motion by Nawrocki, second by Schmitt to adopt Resolution 2012-127 with amendment of interest rate of
5%, being a resolution levying and adopting the assessment for 2012 Concrete Sidewalk Improvements,
Project 1209.
Adjourn
Council President Diehm adjourned the meeting at 6:43 PM
Tori Leonhardt, City Clerk
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2012-126
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR
2012 CONCRETE ALLEY IMPROVEMENTS,PROJECT 1111
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings,heretofore had: Special Assessments
numbered 2012-Z6-06-001,Concrete alley construction between Jackson Street and Van Buren Street from 40th Avenue to 160'
north of 40t4 Avenue.
WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 6:30 o'clock p.m. on the I'day of October,
2012,in the City Council Chamber,590 40th Avenue N.E.,Columbia Heights,Minnesota,being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits,and to the proportion of the cost
of making the local improvements above described,a notice of such hearing having been heretofore duly published as required
by law,and a notice mailed to each property owner of record,stating the proposed amount of the assessment;and,
WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
24
Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and
described as"Concrete Alley"numbered 2012-Z6-06-001,Project 1111,a copy of which is attached hereto
and made a part hereof.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the amount
set opposite in the column headed"Actual Assessment Amounts". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be specially assessed against such
lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in
said assessment roll.
Section 3: That said assessments may be paid in part or in full without interest on or before October 31,2012. Any
unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the
taxes payable in the year 2013. The annual principal installments,together with 5%interest accrued on the
unpaid balance are due and payable with the real estate taxes for a period of fifteen years or less as designated
on the assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify and
confirm all other proceedings heretofore had in regard to this improvement,and said improvement shall
hereafter be known and numbered as Local Improvement numbered 2012-Z6-06-001,Project 1111.
Section 5: This resolution shall take effect immediately upon its passage.
Passed this I"day of October 2012 CITY OF COLUMBIA HEIGHTS
Offered by:Nawrocki
Seconded by: Schmitt
Roll Call: Schmitt aye,Deihm aye,Nawrocki aye: 3 ayes;motion carried.
Council President Tammera Diehm
Tori Leonhardt,City Clerk Council member Schmitt
ANOKA COUNTY,MINNESOTA
RESOLUTION 2012-127
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR
2012 SIDEWALK IMPROVEMENT,PROJECT 1209
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings,heretofore had: Special Assessments
numbered 2012-Z6-10-001: Sidewalk Construction on 43rd Avenue NE from Quincy Street to Central Avenue,Project 1209.
WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 6:30 o'clock p.m.on the 151 day of October,
2012,in the City Council Chamber,590 401h Avenue N.E.,Columbia Heights,Minnesota,being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits,and to the proportion of the cost
25
of making the local improvements above described, a notice of such hearing having been heretofore duly published as required
by law,and a notice mailed to each property owner of record,stating the proposed amount of the assessment;and,
WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and
described as"Sidewalk Construction"numbered 2012-Z6-10-001,Project 1209,a copy of which is attached
hereto and made a part hereof.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the amount
set opposite in the column headed"Actual Assessment Amounts". And this Council further finds and
determines that the proper proportion of the cost of such improvements to be specially assessed against such
lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in
said assessment roll.
Section 3: That said assessments maybe paid in part or in full without interest on or before October 31',2012. Any
unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the
taxes payable in the year 2013. The annual principal installments,together with 5%interest accrued on the
unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on
the assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify and
confirm all other proceedings heretofore had in regard to this improvement,and said improvement shall
hereafter be known and numbered as Local Improvement numbered 2012-Z6-10-001,Project 1209,
Section 5: This resolution shall take effect immediately upon its passage.
Passed this I"day of October 2012.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call:
Council President Tammera Diehm
Tori Leonhardt,City Clerk Council member Schmitt
26
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY, OCTOBER 1,2012 6:45 P.M.
Roll Call/Pledge of Allegiance
Present: Council President Diehm,Council member Nawrocki, Council member Council member
Schmitt
Absent: Mayor Peterson and Council member Williams
Public Hearing on Proposed Special Assessment Roll and Special Assessment Levy for Delinquent
Accounts Identified with the Following Project Numbers:
P.I.R.2012-MS-30-001 P.I.R.2012-MS-30-002 P.I.R.2012-MS-30-003 P.I.R.2012-MS-30-004
P.I.R.2012-MS-30-005 P.I.R.2012-MS-30-006 P.I.R.2012-MS-30-007 P.I.R.2012-MS-30-008
P.I.R.2012-MS-30-009 P.I.R.2012-MS-30-010 P.I.R.2012-MS-30-011 P.I.R.2012-MS-30-012
P.I.R.2012-MS-30-013 P.I.R.2012-MS-30-014 P.I.R.2012-MS-30-015
a. Presentation by City Staff providing background information.
Joseph Kloiber, Finance Director, stated this is assessments for various delinquent accounts and
abatements.
b. Questions/Comments from City Council and the Public.
Council President Diehm asked how the amounts of people being assessed this year compare to last
year.
Kloiber stated that last year there was a large assessment for 3930 University Avenue so it would be
hard to really compare. There is a large assessment for Gould Avenue on this assessment roll that may
be from an abatement.
Nawrocki stated there are 237 assessments on roll, some of them are residents that are having problems
paying bills and we should keep this in mind when setting the interest rate.
Motion by Schmitt, second by Nawrocki, to close the Public Hearing and waive reading of Resolution
2012-129 there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Nawrocki stated he would like to charge the interest rate to 4% on delinquent accounts.
Kloiber stated that it would be more consistent to stay with the proposed 5% interest rate
as it would be easier to consolidate when submitted to the county.
Motion by Schmitt, second by Nawrocki, to adopt Resolution 2012-129, to include a 5% interest rate,
being a resolution to adopt an assessment roll and levy a special assessment for delinquent accounts.
Nawrocki stated this amount is different than the amount that was published in the public hearing
notice. Nawrocki asked Kloiber how much was published in the hearing.
Kloiber stated about$150,000.
Upon vote: All ayes. Motion carried
27
Adjourn
Council President Diehm adjourned the meeting at 6:53 p.m.
Tori Leonhardt, City Clerk
RESOLUTION NO.2012-129
ADOPT AN ASSESSMENT ROLL AND LEVY A SPECIAL ASSESSMENT FOR DELINQUENT
ACCOUNTS
WHEREAS, one or more services required by city ordinance, including water, sewer, refuse, weed cutting,
tree removal, stopbox repair/replacement and abatement of nuisance/hazardous, and numbered as Projects
P.I.R. 2012-MS-30-001 P.I.R. 2012-MS-30-002 P.I.R. 2012-MS-30-003 P.I.R. 2012-MS-30-004
P.I.R. 2012-MS-30-005 P.I.R. 2012-MS-30-006 P.I.R. 2012-MS-30-007 P.I.R. 2012-MS-30-008
P.I.R. 2012-MS-30-009 P.I.R. 2012-MS-30-010 P.I.R, 2012-MS-30-011 P.I.R. 2012-MS-30-012
P.I.R. 2012- MS-30-013 P.I.R. 2012-MS-30-01 P.I.R. 2012-MS-30-015
have been provided to and benefited the properties listed in the assessment roll below; and,
WHEREAS, the charges to said properties for said services are unpaid and delinquent; and,
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:45 p.m. on the 1"day
of October 2012 in the City Council Chamber 590 40i'Avenue N.E. Columbia Heights, Minnesota, being
the time and place set when and where all persons interested could appear and be heard by the Council
with respect to the benefits and cost of providing the services described below, a notice of such hearing
having been heretofore duly published as required by law, and a notice mailed to each property owner of
record, stating the proposed amount of the assessment; therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the assessment roll below known and described as
"Assessment Roll for 2012 Delinquent Accounts", numbered as
P.I.R. 2012-MS-30-001 P.I.R. 2012-MS-30-002 P.I.R. 2012-MS-30-003 P.I.R. 2012-MS-30-004
P.I.R. 2012-MS-30-005 P.I.R. 2012-MS-30-006 P.I.R. 2012-MS-30-007 P.I.R. 2012-MS-30-008
P.I.R. 2012-MS-30-009 P.I.R. 2012-MS-30-010 P.I.R. 2012-MS-30-011 P.I.R. 2012-MS-30-012
P.I.R. 2012- MS-30-013 P.I.R. 2012-MS-30-014 P.I.R. 2012-MS-30-015
Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in
the assessment roll was and is especially benefited by the services provided. The Council
further finds and determines that the proper cost of these services to be especially assessed
against each parcel of land is the amount of unpaid delinquent charges for said services.
28
Section 3. That said assessments may be paid in part or in full without interest on or before October 31,
2012.
Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40a' Avenue N.E. Columbia
Heights,Minnesota, on or before November 15, 2012. Any amount unpaid after November 15,
2012, will be certified to the Anoka County Auditor for collection with the real estate taxes as
a special assessment beginning with the taxes payable in the year 2013. The annual principal
installments, together with 5% interest are due and payable with the real estate taxes for a
period of one year or less.
Section 5. This resolution shall take effect immediately upon passage.
Passed this 15L day of October, 2012
Offered by: Schmitt
Seconded by: Nawrocki
Roll Call: Schmitt aye, Deihm aye,Nawrocki aye: 3 ayes; motion carried.
Council President Tammera Diehm
Tori Leonhardt, City Clerk Council member Schmitt
29
DRAFT COPY
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
OCTOBER 2, 2012
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Fiorendino, Kinney, Peterson, Little, and Szurek
Also present were Council Liaison(Gary Peterson), Jeff Sargent (City Planner), and Shelley
Hanson(Secretary).
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of September
5, 2012. All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2012-1001
APPLICANT: Jason Norden
LOCATION: 3919 Reservoir Blvd NE
REQUEST: Variance on Fence Height for Front Yard
INTRODUCTION
Sargent explained that at this time, the applicant is requesting a 30-inch height variance to install
a 6-foot fence in his front yard per Code Section 9.106 (E)(2)(d). City Staff noticed that the 6-
foot fence was being constructed in the front yard and informed the applicant that he would need
a variance in order to retain the structure. For this reason, he is requesting the variance.
ZONING ORDINANCE
The property located at 3919 Reservoir Boulevard is zoned R2-A, One and Two Family
Residential, as are all the properties in the immediate vicinity. The Zoning Code Section 9.106
(E)(2)(d) states that screening fences constructed in the front yard may not exceed 42 inches in
height. The applicant has constructed a six-foot fence (72 inches) in the front yard, requiring a
30-inch height variance.
The house at 3919 Reservoir Boulevard sits within 5 feet of the rear property line, leaving no
rear yard on the property. The reason why the applicant constructed the fence was to promote
more privacy on his property than he currently has. The 6-foot fence extends along the southern
property line from the front of his house and stops when it lines up with the rear of the
neighboring house.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Residential. The use of fences in residential areas is
allowed, and for this reason,the proposal is consistent with the Comprehensive Plan.
30
Planning &Zoning Minutes
Page 2
October 2,2012
FINDINGS OF FACT (Variance)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in
order for the City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to use the
property in a reasonable manner not permitted by the zoning ordinance.
The applicant's house was constructed within 5 feet of the rear property line, leaving the
property with no rear yard, Being that the applicant would like to create some privacy
on his property, he has constructed a 6 foot fence in an area that would be his rear yard
if his house was set back the same distance as the neighboring properties. Because the 6-
foot fence does not extend into the front yard of the neighboring properties, the applicant
is using his property in a reasonable manner.
s
V,O
0
39THAVE NE
ti-
Planning &Zoning Minutes
31
Page 3
October 2, 2012
b) The conditions upon which the variance is based are unique to the specific parcel of
land involved and are generally not applicable to other properties within the same
zoning classification.
The conditions upon which the variance is based on the fact that the house is placed
within 5 feet of the rear property line, leaving the property with no rear yard. This is a
unique circumstance, as principle structures are required to be placed no closer than
20%of the lot depth in the R2 A, One and Two Family Residential District.
C) The practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a legal interest in the property.
The applicant bought the house in its current condition. The practical difjiculties in this
case are caused by the provisions of the Zoning Code not allowing fences in excess of 42
inches in the front yard.
d) The granting of the variance is in harmony with the general purpose and intent of the
comprehensive plan.
The Comprehensive Plan guides this area as Residential. The use offences in residential
areas is allowed, and for this reason, the proposal is consistent with the Comprehensive
Plan.
e) The granting of the variance will not be materially detrimental to the public welfare
or materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
The placement of the 6 foot portion of the fence is consistent with the placement of 6-foot
fences in relation to the neighboring properties. At no point does the 6-foot portion of
the fence extend in front of either of the neighboring properties. For this reason, the
variance would not be materially detrimental to the public welfare.
Sargent reviewed pictures of the site and fence with the members. He noted that if this fence had
been installed by his neighbor along the property line, a variance would not be necessary due to
the location of the neighbor's house. Therefore, staff recommends approval of the 30-inch height
variance for a fence located in the front yard because of the practical difficulties that are imposed
on the property due to the placement of the house on the lot.
32
Planning &Zoning Minutes
Page 4
October 2, 2012
Questions from Members:
Fiorendino asked if this variance is granted, could the owner construct a six foot fence anywhere
else on the property or extend it further into the front yard. Sargent told members that the
variance is based on the information submitted. Any other additions or changes to the fencing
would require another variance.
Kinney looked at the site and noticed it was the only fence in the nearby properties. She didn't
think it was obtrusive to neighbors. Her only other concern was the same one Fiorendino had
about whether this variance would allow any extension to the 6 foot high fence. Sargent told her
that he was comfortable with the language approving this variance and that it would limit a 6
foot high fence to what is currently there and being approved in this request. Sargent again
stated that the property owner was free to enclose his yard with a 42 inch high fence if he
chooses,but any additional fencing with a 6 foot height would need an additional variance.
Szurek didn't see a problem with the fence and thought it looked nice. She asked Mr. Norden if
he had received any cormnents from his neighbors. He said his neighbor did comment
negatively on the construction of the fence. He explained he bought the house a year ago and is
trying to make improvements that benefit his property as well as the area. Mr. Norden went on
to say he hopes to extend his driveway closer to the house to provide better accessibility for his
handicap son, and that the fence will help to provide more privacy for them regarding this
situation.
Sargent said he had received a call from someone in the neighborhood who stated she didn't
think fences were allowed on properties along Reservoir Blvd. He explained that is not true, and
properties along Reservoir Blvd. are subject to the same fence ordinance requirements as any
other property in the City. He reminded members that if this fence had been constructed by the
neighbor, a variance would not be required as a 6 foot high fence could be constructed from the
front corner of the house back, and that Mr.Norden placed his fence only up to the back side of
the neighboring property.
Public Hearing Opened.
No one was present to speak on this matter.
Public Hearing Closed.
Planning &Zoning Minutes
33
Page 5
October 2, 2012
Motion by Peterson, seconded by Kinney, that the Planning Commission recommends the City
Council approve the 30-inch height variance to install a 6 foot fence in his front yard per Code
Section 9.106 (E) (2) (d), subject to certain conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the Zoning
and Development Ordinance, including:
1. All application materials, maps, drawings, and descriptive information submitted with
the application shall become part of the permit.
All ayes. MOTION PASSED. The following Resolution will be considered by the City Council
at the October 8h meeting.
RESOLUTION NO. 2012-XXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JASON NORDEN
WHEREAS, a proposal (Case # 2012-1001) has been submitted by Jason Norden to the City Council
requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3919 Reservoir Boulevard NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: a 30-inch height variance to install a
6-foot fence in his front yard per Code Section 9.106(E)(2)(d).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
October 2,2012;
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, strict adherence to the provisions of
this article would cause practical difficulties in conforming to the zoning ordinance. The
applicant,however, is proposing to use the property in a reasonable manner not permitted by
the zoning ordinance.
Planning&Zoning Minutes
34
Page 6
October 2,2012
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 practical difficulties are caused by the provisions of this article and have not been created
by any person currently having a 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 pennit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
Passed this 81'day of October,2012
OTHER BUSINESS
There was no other business.
The meeting was adjourned at 7:18 pm.
Respectfully submitted,
Shelley Hanson
Secretary
35
CITY COUNCIL LETTER
Meeting of: October 8, 2012
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Consent Agreement for Stadium Village BY: S. Clark BY:
(Northeast Business Center Owners) DATE: Oct. 5, 2012
Back round: The owner of the Northeast Business Center (Stadium Village Properties LLC), located at 3989
Central Ave., is securing a Second Loan Modification Agreement with their lender(Venture Bank). In turn,
Venture Bank wants to have the "Management Agreement'that is in place between the City and Stadium
Village assignable to them in case of foreclosure. This Agreement deals with capital costs, repairs and general
operations. The Consent Agreement is a commonly placed document and the net effect is that if some type of
foreclosure would occur, the bank would take over all of the obligations of the Management Agreement. The
City Attorney has reviewed this document and agrees to the same.
Recommendation: Staff recommends the motion as written.
Recommended Motion: Move to Approve Collateral Assignment of Management Agreement for The Parking
Facilities and Lease of Plaza Property and Option To Purchase Parking Property and Authorize the City
Manager to Sign the Same
Attachments—Consent Agreement
COUNCIL ACTION:
36
(FOR RECORDING USE ONLY)
COLLATERAL ASSIGNMENT OF MANAGEMENT AGREEMENT FOR THE PARKING
FACILITIES AND LEASE OF PLAZA PROPERTY AND OPTION TO PURCHASE
PARKING PROPERTY
THIS COLLATERAL ASSIGNMENT OF MANAGEMENT AGREEMENT FOR THE
PARKING FACILITIES AND LEASE OF THE PLAZA PROPERTY AND OPTION TO
PURCHASE PARKING PROPERTY (this "Assignment"), is made as of September 28, 2012 (the
"Effective Date"), by and between Stadium Village Properties, L.L.C., a Minnesota limited liability
company(referred to herein as "Borrower"), and Venture Bank, a Minnesota banking corporation, its
successors and assigns(referred to herein as "Lender"),
RECITALS:
A. Lender has extended a loan (the "Loan") to Borrower as evidenced by a Promissory Note (as
amended, the "Note") dated as of Anril3, 2008 from Borrower to Lender in the original
principal amount of Five Million Two Hundred Thousand Dollars ($5,200,000.00)and under
and pursuant to the terns and conditions of an Acquisition and Renovation Loan Agreement(as
amended, the "Loan Agreement") dated as of April 3, 2008 between Borrower and Lender;
and
B. Payment of the Note is secured by, among other things, that certain Mortgage and Security
Agreement and Fixture Financing Statement (as amended, the "Mortgage") from Borrower to
Lender dated as of April 3, 2008, and filed in the office of the Anoka County Recorder on
Aur6l4. 2008 as Document No. 1999840.003 and filed the office of the Anoka County
Registrar of Titles on April 4, 2008 as Document No.494729.003, encumbering the real estate
described on Exhibit A attached hereto and certain other property as described in the Mortgage
(collectively,the "Mortgaged Property"); and
C. The Mortgaged Property includes, without limitation, all of Borrower's rights, title and interest
in,to and under the following (the "Management Agreement for the Parking Facilities and
Lease of the Plaza Property"):
r000sos�aa 1 -1-
37
The Management Agreement for Parking Facilities and Lease of the Plaza Property,
between the Housing and Redevelopment Authority In and For the City of Columbia
Heights (the "HRA") and Terry Evenson, dated July 20. 1982, recorded February 9,
1983, as Doe. No. 124953 (Torrens) and as Document No. 607127 (Abstract), as
modified by that certain unrecorded Agreement for Modification of Management
Agreement for Parking Facilities dated February 11, 1991 between the City of
Columbia Heights, Minnesota, a Minnesota municipal corporation (the "City") and
Zaidan Holdings, Inc., which was assigned by Terry Evenson to Zaidan Holdings, Inc.,
by the Assignment of Management Agreement, dated June 27, 1988, recorded July 26,
1988 as Document No. 177292 (Torrens) and as Document No. 816367 (Abstract),
which was thereafter assigned by Zaidan Holdings, Inc., to Mobilia, Ltd., by the
Assignment of Management Agreement, dated March 10, 1988, recorded September 4,
1997 as Document No. 300560 (Torrens) and as Document No. 1295184 (Abstract),
which was thereafter assigned by Mobilia, Ltd., to Lake-State Properties, Inc., by the
Assignment of Parking Agreements, dated July 14, 1997, recorded September 4, 1997
as Document No. 300561 (Torrens) and as Document No. 1295185 (Abstract), and
which was thereafter assigned by Lake-State Properties, Inc., to Equity Partners, LLC,
by the Assignment of Parking Ramp Lease, dated October 30, 2002, recorded
November 13, 2002 as Document No, 412198 (Torrens) and as Document No. 1730236
(Abstract), and thereafter assigned by Equity Partners, LLC to Borrower by Assignment
and Assumption of Parking Ramp Lease dated April 3, 2008, recorded April 4, 2008
and Document No. 124953 (Torrens) and as Document No. 607127 (Abstract); the
HRA's interest in the Management Agreement for Parking Facilities and Lease of the
Plaza Property and the Plaza Property and the Parking Property have been assigned by
the HRA to the City and the City is now the holder and owner thereof;
and
D. The Management Agreement for the Parking Facilities and Lease of Plaza Property includes,
and the Mortgage encumbers, Borrower's non-exclusive right to the use of the Parking Ramp
(as defined in the Management Agreement for the Parking Facilities and Lease of Plaza
Property) as set forth in "Part 11, Article I, Construction and Use of Parking Ramp," in the
Management Agreement for Parking Facilities and Lease of the Plaza Property, as more fully
described on Exhibit A attached hereto and referred to therein and herein by reference as
"Parcel 4" and the real property subject thereto described in Exhibit B attached hereto and
incorporated herein by reference (the "Parking Property"), and Borrower's option to purchase
the Parking Property and the Parking Ramp constructed thereon as provided in Article V and
Section 5,03 of the Management Agreement for Parking Facilities and Lease of the Plaza
Property;and
C. Borrower has asked Lender to make certain modifications to the Note,the Loan Agreement,the
Mortgage and the other Loan Documents (as defined in the Second Loan Modification
hereinafter defined) and Lender has agreed to do so pursuant to that certain Second Loan
Modification Agreement by and between Borrower and Lender dated as of the Effective Date;
and
[00060519 i -2-
38
1
11
1
I
F. One of the conditions to the modification of the Loan Documents under the Second Loan
Modification Agreement is Borrower's execution and delivery of this Agreement to Lender
I
NOW, THEREFORE, in consideration of Lender entering into the Second Loan Modification I
Agreement, and in order to further secure the payment and performance of Borrower's obligations to Il
Lender under the Note, the Loan Agreement,the Mortgage and the other Loan Documents, Borrower
and Lender hereby agree as follows:
I. Assignment. Borrower hereby collaterally assigns, transfers and sets over to Lender, its
successors and assigns, all of the rights, title, interests and privileges of Borrower, in, to and
under the Management Agreement for Parking Facilities and Lease of the Plaza Property,
including without limitation, Borrower's option to purchase the Parking Property and the
Parking Ramp constructed thereon as provided in Article V and Section 5.03 of the
Management Agreement for Parking Facilities and Lease of the Plaza Property upon the terms
and conditions as set forth in this Assignment; provided, however, notwithstanding anything in
this Assignment to the contrary, Lender shall not exercise and of the rights, title, interests and
privileges of Borrower so assigned, transferred and set over to Lender hereunder until the
occurrence of an event of default (as defined therein and referred to in this Assignment as an
"Event of Default") under the Management Agreement for Parking Facilities and Lease of the
Plaza Property or any of the Loan Documents occurs (but subject to any cure period available
to Borrower pursuant to the same) and provided further that Lender shall not exercise the
option to purchase the Parking Property and the Parking Ramp constructed thereon as provided
in Article V and Section 5.03 of the Management Agreement for Parking Facilities and Lease
of the Plaza Property until Lender has foreclosed the Mortgage and all redemption rights from
such foreclosure have expired unless such option to purchase is at risk of imminent termination
or expiration in accordance with the terms of the Management Agreement for Parking Facilities
and Lease of Plaza Property or is subject to imminent cancellation or termination by the City or
is otherwise at imminent risk of loss.
2. Security. This Assignment is made and given as collateral security for, and shall remain in full
force and effect until:
(a) The payment in full of all principal, interest, premium,reasonable attorneys' fees
and expenses of collection, if any, associated with the Loan, the Note and all
other indebtedness secured by the Mortgage;and
(b) The full and complete performance and observance by Borrower of all of the
terns, covenants and conditions to be performed or observed by the Borrower
under the Loan Documents.
3. Warranties. Borrower warrants and represents that:
(a) Borrower has full right and authority to make this Assignment, and has not
heretofore trade any assignment, pledge, alienation or other transfer of the
Management Agreement for Parking Facilities and Lease of the Plaza Property
1000519.ar -3.
39
or any of its rights thereunder.
(b) The Management Agreement for Parking Facilities and Lease of the Plaza
Property (a true and complete copy of which has been provided to Lender) is in
frill force and effect, legally enforceable and free from all defenses and offsets,
The Management Agreement for Parking Facilities and Lease of the Plaza
Property is not subject to any modifications or waivers of any kind.
(c) To the best of Borrower's knowledge, no default by Borrower or City has
occurred with respect to the Management Agreement for Parking Facilities and
Lease of the Plaza Property, and Borrower does not know of any condition that,
but for the giving of notice or passage of time or both,would constitute a default
of either party to the Management Agreement for Parking Facilities and Lease of
the Plaza Property.
(d) Borrower shall continue to comply with all of its obligations pursuant to the
terms of the Management Agreement for Parking Facilities and Lease of the
Plaza Property.
4. No Assignment or Modification of Management Agreement for Parking Facilities and Lease of
the Plaza Property. Borrower shall not have the authority to assign, pledge, encumber or
otherwise transfer its interest in the Management Agreement for Parking Facilities and Lease of
the Plaza Property, to modify the terms of the Management Agreement for Parking Facilities
and Lease of the Plaza Property, or to grant any waiver or concession to City under the
Management Agreement for Parking Facilities and Lease of the Plaza Property, without the
prior written consent of Lender, which consent may be withheld or conditioned in Lender's
sole and absolute discretion.
5, Default/Hold Harmless/Power of Attorney. At any time when an Event of Default by Borrower
has occurred and is continuing under the Management Agreement for Parking Facilities and
Lease of the Plaza Property or any of the Loan Documents (and subject to any cure period
available to Borrower pursuant to the same),Lender shall have the right, in its sole and absolute
discretion and without further notification to Borrower, to exercise all rights and obligations of
Borrower with respect to the Management Agreement for Parking Facilities and Lease of the
Plaza Property herein assigned including, but not limited to, Borrower's option to purchase the
Parking Property and the Parking Ramp constructed thereon as provided in Article V and
Section 5.03 of the Management Agreement for Parking Facilities and Lease of the Plaza
Property, and the right to enforce, waive, amend, modify or terminate all or any part of the
Management Agreement for Parking Facilities and Lease of the Plaza Property, and Borrower
agrees not to interfere with such rights, provided however that Lender shall not exercise the
option to purchase the Parking Property and the Parking Ramp constructed thereon as provided
in Article V and Section 5.03 of the Management Agreement for Parking Facilities and Lease
of the Plaza Property until Lender has foreclosed the Mortgage and all redemption rights from
such foreclosure have expired unless such option to purchase is at risk of imminent termination
or expiration in accordance with the terms of the Management Agreement for Parking Facilities
laososre.<r -4-
40
and Lease of Plaza Property or is subject to imminent cancellation or termination by the City or
is otherwise at imminent risk of loss.
Borrower hereby appoints Lender its power of attorney to take any and all actions to realize the
benefits of the Management Agreement for Parking Facilities and Lease of the Plaza Property
so long as an Event of Default by Borrower exists and is continuing under the Management
Agreement for Parking Facilities and Lease of the Plaza Property or any of the Loan
Documents. The foregoing notwithstanding, so long as an Event of Default by Borrower exists
and is continuing under the Management Agreement for Parking Facilities and Lease of the
Plaza Property or any of the Loan Documents, upon demand of Lender, Borrower shall
continue to perform all obligations of Borrower under the Management Agreement for Parking
Facilities and Lease of the Plaza Property for the benefit of Lender. The remedies provided
hereunder are not exclusive and shall not preclude the exercise of any other right or remedy that
Lender may have under any of the Loan Documents or pursuant to law or in equity.
Borrower further agrees that upon the acquisition of the Mortgaged Property by Lender or any
subsequent transferee of Lender, by foreclosure, deed in lieu of foreclosure, or otherwise, the
Lender or such other transferee shall succeed as the owner and holder of all of Borrower's
rights, title, interests and privileges in, to, and under the Management Agreement for Parking
Facilities and Lease of the Plaza Property, including but not limited to Borrower's option to
purchase the Parking Property and the Parking Ramp under Article V and Section 5.03 of the
Management Agreement for Parking Facilities and Lease of the Plaza Property.
6. Notification of Lender. Borrower shall promptly notify Lender in accordance with the notice
provisions contained in the Mortgage of any act or event made known to Borrower which
would allow the City to enforce any remedies under the Management Agreement for Parking
Facilities and Lease of the Plaza Property, and shall do so in sufficient time for Lender to
exercise the rights assigned hereunder.
7. No Duties of Lender. Notwithstanding anything to the contrary provided in this Assignment,
Lender shall be under no duty to:
(a) Protect, preserve, perform or enforces any of Borrower's rights, title, interests,
privileges or options in, to or under the under the Management Agreement for Parking
Facilities and Lease of the Plaza Property or give any notice with respect thereto;or
(b) Pay or perform any of Borrower's obligations or duties under the Management
Agreement for Parking Facilities and Lease of the Plaza Property.
7, Reassignment. Upon payment in full of the Loan, and Borrower's performance in full of its
obligations under the Loan Documents, the Management Agreement for Parking Facilities and
Lease of die Plaza Property shall automatically be released to Borrower and this Assignment
shall automatically terminate effective as of the date the Mortgage is satisfied.
8. Counterparts. This Assignment may be executed in any number of counterparts and by any
combination of the parties hereto in separate counterparts, each of which counterparts when so
(W O19.4J -5-
41
i
executed shall be an original and all of which taken together shall constitute one and the same
agreement. Any signature delivered by a party by facsimile transmission or electronic pdf
transmission shall be deemed to be an original signature hereto.
[Remainder ofthis Page Intentionally Left dank—Signatures begin on the next page]
(OWN519A) -6
42
i
I
IN WITNESS WHEREOF,the parties have hereunto caused this Assignment to be executed on the day
and year first above written.
Borrower:
Stadium Village Properties,L.L.C., a Minnesota
limited liability company
By:
David P.Jasper
Its: Chief Manager and Secretary
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2012, by
David P. Jasper, as the Chief Manager and Secretary of Stadium Village Properties, L.L.C., a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
i
Lender:
Venture Bank, a Minnesota banking corporation
By:
i
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this — day of , 2012, by
, as of Venture Bank, a Minnesota banking corporation,
on behalf of the corporation.
Notary Public
This Agreement Prepared By and When Recorded Return to:
Joseph J. Deuhs,Jr.
Leonard, O'Brien,Spencer, Gale& Sayre,Ltd.
100 South Fifth Street, Suite 2500
Minneapolis, Minnesota 55402
)OOOG0519.4) -7-
43
{i
i
CONSENT AND AGREEMENT OF THE CITY
The undersigned,The City of Columbia Heights,Minnesota, a Minnesota municipal corporation(the
"City") hereby consents to the above Collateral Assignment of Management Agreement for Parking
Facilities and Lease of the Plaza Property and option to Purchase Parking Property(the "Assignment")
by Stadium Village Properties, L.L.C., a Minnesota limited liability company (referred to herein as
"Borrower"), and Venture Bank, a Minnesota banking corporation, its successors and assigns
(referred to herein as "Lender"), City hereby represents and warrants to Lender that Management
Agreement for Parking Facilities and Lease of the Plaza Property (as defined in the Agreement)
constitutes the full agreement between Borrower and City regarding Borrower's right to use the
Parking Property(as defined in the Assignment)and the Parking Ramp constructed thereon. The City
also confirms that Management Agreement for Parking Facilities and Lease of the Plaza Property is in
full force and effect and that there are no delinquencies or defaults thereunder. The City further
confirms that the Mortgage and the Collateral Assignment of Management Agreement for Parking
Facilities and Lease of the Plaza Property are permitted under the terms of the Management Agreement
for Parking Facilities and Lease of the Plaza Property.
The City agrees that Lender may enter upon the Parking Property and the parking facilities constructed
thereon at any time during which an Event of Default by Borrower under the Loan Documents or the
Management Agreement for Parking Facilities and Lease of the Plaza Property has occurred and is
continuing in order to exercise its rights under the Management Agreement for Parking Facilities and
Lease of the Plaza Property or to inspect the Parking Property and the parking facilities constructed
thereon.
The City hereby further agrees that should Lender or any subsequent transferee of Lender succeed to
the interest of Borrower under the Management Agreement for Parking Facilities and Lease of the
Plaza Property by foreclosure of the Mortgaged, deed in lieu of foreclosure or otherwise,the City shall
recognize Lender (or such other transferee)as the holder and owner of all of Borrower's rights, title,
interests and privileges in, to and under the Management Agreement for Parking Facilities and Lease
of the Plaza Property, and that Lender or such other transferee shall be entitled to exercise all of the
rights,privileges and options of Borrower under the Management Agreement for Parking Facilities and
Lease of the Plaza Property, including, but not limited to, Borrower's option to purchase the Parking
Property and the parking facilities constructed thereon as provided in Article V and Section 5,03 of the
Management Agreement for Parking Facilities and Lease of the Plaza Property.
The City hereby agrees and acknowledges that but for its execution of this Consent and Agreement of
the City, Lender would not enter into the Second Loan Modification Agreement with Borrower. This
Consent and Agreement of the City is intended to bind the successors and assigns of the City, as well
as the successors and assigns of Lender.
(OOM519.4 r -1-
44
dated this_day of 2012.
THE CITY
The City of Columbia Heights,Minnesota, a
Minnesota municipal corporation
By:
Name:
Title;
STATE OF MINNESOTA )
)ss. I.
COUNTY OF )
I
The foregoing instrument was acknowledged before me this_day of , 2012, by
as of The City of Columbia Heights, Minnesota , a
Minnesota municipal corporation, on behalf of the corporation.
I
Notary Public
i
t
I
This Agreement Prepared By and When Recorded Return to:
Joseph J, Deuhs,Jr.
Leonard, O'Brien, Spencer, Gale& Sayre, Ltd.
100 South Fifth Street, Suite 2500
Minneapolis,Minnesota 55402
(OW0519.e) -2-
45
EXHIBIT A
LEGAL DESCRIPTION OF MORTGAGED PROPERTY
Real property in the City of Columbia Heights, County of Anoka, State of Minnesota,described as
follows:
PARCEL 1 (Abstract and Certificate of Title No. 112998):
Lot 32, Block 6, Reservoir Hills,Anoka County, Minnesota.
Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills,
Anoka County, Minnesota.
The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and i
34, Block 6,Reservoir Hills,Anoka County,Minnesota.
Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23, and 24, Block 1, Walton's
Rearrangement of Lots 33 and 34,Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot
24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying
southwesterly and westerly of the following described line: Beginning at a point on the south line of
Block 1, Walton's Rearrangement, said point being 18.00 feet West of the southeast corner of Lot
23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and
parallel with the east line of Lot 23 a distance of 87.00 feet; thence on a straight line to a point on
the north line of Lot 30 of said Block 6,Reservoir Hills, said point being 47.23 feet Easterly of the
northwest corner of said Lot 30 and there terminating,
The following portion of the above description being registered land:
That part of Lot Twenty-three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three
(33) and Thirty-four (34), Block Six (6), Reservoir Hills, lying southwesterly and westerly of the
following described line: Beginning at a point on the South line of said Block 1, Walton's
Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block 1,
Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said east
line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot
30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner of
said Lot 30 and there terminating.
PARCEL 2 (Abstract):
Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24,
Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated
alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as
dedicated in said plat, lying within the following described tract: Commencing at a point on the
south line of said Block 1, Walton's Rearrangement distant 18.00 feet west of the southeast corner
of Lot 23, said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and
(WMS 19 G) A-1
46
parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of
the tract to be described; thence continuing northerly on the extension of said line to the north line
of Block 6,Reservoir Hills; thence westerly along said north line of Block 6,to a point being 47.23
feet easterly of the northwest corner of Lot 30, Block 6,Reservoir Hills;thence southeasterly,to the
point of beginning;
Excepting therefrom Tract A, Registered Land Survey No, 250, Anoka County, Minnesota.
PARCEL 3 (Certificate of Title No. 116493):
Tracts A,Registered Land Survey No.250,Anoka County,Minnesota.
PARCEL 4(Abstract and Certificate of Title No. 116494):
Non-exclusive right to the use of the Parking Ramp as set forth in Part I1, Article I, Construction
and Use of Parking Ramp, in the Management Agreement for Parking Facilities and Lease of the
Plaza Property, between The Housing and Redevelopment Authority in and for the City of
Columbia Heights, and Terry Evenson, dated July 20, 1982,recorded February 9, 1983,as Doe.No, i
124953 (Torrens) and as Document No. 607127 (Abstract), which was assigned by Terry Evenson
to Zaidan Holdings, Inc., by the Assignment of Management Agreement, dated June 27, 1988, f
recorded July 26, 1988 as Doc. No. 177292 (Torrens) and as Doc. No. 816367 (Abstract), which
was thereafter assigned by Zaidan Holdings, Inc., to Mobilia, Ltd., by the Assignment of
Management Agreement, dated March 10, 1988, recorded September 4, 1997 as Doc. No. 300560
(Torrens) and as Doc. No. 1295184 (Abstract), which was thereafter assigned by Mobilia, Ltd., to
Lake-State Properties, Inc., by the Assignment of Parking Agreements, dated July 14, 1997,
recorded September 4, 1997 as Doc. No. 300561 (Torrens) and as Doc. No. 1295185 (Abstract), C
and which was thereafter assigned by Lake-State Properties, Inc., to Equity Partners, LLC, by the
Assignment of Parking Ramp Lease, dated October 30,2002,recorded November 13,2002 as Doc.
No. 412198 (Torrens) and as Doe. No. 1730236 (Abstract), and which was thereafter assigned by
Equity Partners, LLC, to Stadium Village Properties, LLC, by the Assignment and Assumption of
Parking Ramp Lease, dated April 3, 2008, recorded April 4, 2008 as Doc. No. 494729.002
(Torrens)and as Doe.No. 1999840.002 (Abstract).
10OW519 n 1 A-2
47
EXHIBIT B
LEGAL DESCRIPTION OF THE PARKING PROPERTY
Lots 24, 25, and 26, Block 6, Reservoir Hills. Lots 20, 21, and 22, Block 1, Walton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and all of the vacated alley adjacent to
said Lots 20, 21, and 22. Those parts of Lots 27, Block 6, Reservoir Hills and of Lot 23, Block 1,
Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of that pail of the vacated
alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as
dedicated in said plat,which lies Westerly of the Northerly extension of the East line of Lot 23, said
Block 1, lying Easterly of the following described line: Beginning at a point on the South fine of
said Block 1, Walton's Rearrangement, said point being 18.00 feet West from the Southeast corner
of Lot 23 of said Block I, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of
and parallel with the East line of said Lot 23,to the north line of said Block 6, Reservoir Hills.
Reserving and subject to easement to the City of Columbia Heights for roadway purposes over the
North 4.00 feet of the West 232.00 feet of said Block 6, Reservoir Hills.
(ooaos 194) B-1
48
CITY COUNCIL LETTER
Meetin g of October 8,2012
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Approve Gambling Permit: Immaculate BY: Scott Nadeau BY:
NO. Conception Cburch event,Nov 17,2012 DATE: October 1,2012 DATE:
BACKGROUND:
Immaculate Conception Church,4030 Jackson Street NE,has submitted a request for a gambling permit
for a bingo event to be held on November 17, 2012.
ANALYSIS/CONCLUSION:
Since the organization satisfies the City Council resolution regarding one-time charitable gambling and
has paid the $25 permit fee,the City Manager recommends the following action.
RECOMMENDED MOTION:
Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board
indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate
Conception Church to conduct bingo at their event being held November 17,2012 at 4030 Jackson Street
NE,Columbia Heights;and furthermore,that the City of Columbia Heights hereby waives the remainder
of the thirty-day notice to the local governing body.
COUNCIL ACTION:
49
MINNESOTA LAWFUL GAMBLING 6/12 Page 1 of 2
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that: Application fee
- conducts lawful gambling on five or fewer days, and If application posted or received;
- awards less than $50,000 in prizes during a calendar year. less than 30 days more than 30 days
If total prize value for the year will be$1,500 or less,contact before the event before the event
the licensing specialist assigned to your county. $100 $50
ORGANIZATION INFORMATION
Organization name Previous gambling permit number
Church of the Immaculate Conception X-01151
Minnesota tax ID number, if any Federal employer ID number (FEIN), if any
8353667 41-0703859
Type of nonprofit organization. Check one.
Fraternal . ✓Religious Veterans Other nonprofit organization
Mailing address City State Zip code County
4030 Jackson St NE Columbia Heights MN 55421 Anoka
Name of chief executive officer[CEO] Daytime phone number E-mail address
Fr. John Mitchell 763-788-9062 jmitchell@immac-church.org
NONPROFIT STATUS
Attach a copy of ONE of the following for proof of nonprofit status.
Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103
Phone: 651-296-2803
t. I IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact
the IRS at 877-829-5500.
ELIRS-Affiliate of national, statewide, or international parent nonprofit organization [charter]
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place.
Church of the Immaculate Conception
Address [do not use PO box] City or township Zip code County
4030 Jackson St NE Columbia Heights 55421 Anoka
Date[s] of activity. For raffles, indicate the date of the drawing.
November 17, 2012
Check each type of gambling activity that your organization will conduct.
X Bingo* Raffle _Paddlewheels* _pull-tabs* _Tipboards*
*Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor
licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices
may be borrowed from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click on Distributors under
the WHO'S WHO?LIST OF LICENSEES, or call 651-639-4000.
50
LG220 Application for Exempt Permit 6/12 Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT -�
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
_The application is acknowledged with no waiting period. The application Is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30
[60 days for a 1st class city]. days.
_The application is denied. The application is denied,
Print city name Print county name
Signature of city personnel Signature of county personnel
Title Date Title Date
TOWNSHIP-If required by county. On behalf of the township,
I acknowledge that the organization is applying for exempted
gambling activity within the township limits.
�--- — ---- ---i JA township has no statutory authority to approve or deny an
Li oca l unit of government must sign application, per Minnesota Statutes 349.166.)
Print township name
Signature of township officer
Title Date
CHIEF EXECUTIVE OFFICER'S SIGNATURE
The information provided in this application Is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board fl�within 3031hys of the event date.
Chief executive officer's signature-7 9ice :{ Date Z 3 2,01 Z.
Print name Fr.John Mitchell �� (((/T/T/TTTT �
REQUIREMENTS Reset forfn
Complete a separate application for: Financial report and recordkeeping required
- all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your
- all gambling conducted on one day. permit, or use the online fill-in form available at
Only one application is required if one or more raffle www,gcb.state.mn.us.
drawings are conducted on the same day.
Within 30 days of the event date,complete and return
Send application with: the financial report form to the Gambling Control Board.
_a copy of your proof of nonprofit status., and
_application fee. Make check payable to "State of Minnesota." Questions?
Call the Licensing Section of the Gambling Control Board
To: Gambling Control Board at 651-639-4000.
1711 West County Road B, Suite 300 South Thisform will be made available in alternative format(i.e.large print,Braille)
Roseville, MN 55113 upon request.
Data privacy notice: The information requested on this All other Information provided will be prl- General;Commissioners of Administration,
form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and
Control Board(Board)to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor, national and
qualifications to be involved in lawful gambling activities in Issues the permit, all information provided International gambling regulatory agencies;
Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order; other indi-
supply the information; however, If your organization issue a permit,all information provided viduals and agencies specifically authorized
refuses to supply this information,the Board may not be remains private,with the exception of your by state or federal law to have access to
able to determine your organization's qualifications and, organization's name and address which will the Information;individuals and agencies
as a consequence,may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a
organization supplies the Information requested,the Board organization are available to: Board mem- new use or sharing of information after this
will be able to process the application. Your organization's bers,Board staff whose work requires notice was given;and anyone with your
name and address will be public information when received access to the Information; Minnesota's written consent.
by the Board. Department of Public Safety;Attorney
51
`%esus Cbrist is the same yesterday, today and forever."Hlb.13.8
i Archdiocese of
Saint Paul and Minneapolis
October 20, 2009
Reverend Thomas Kunnel, TOR
Church of the Immaculate Conception
4030 Jackson Street NE
Columbia Heights, MN 55421-2929
Dear Father Kunnel:
The Church of the Immaculate Conception of Columbia Heights, a Minnesota religious
parish corporation, is a tax exempt organization under the provisions of Section 5Ol(c)(3)
of the Internal Revenue Code by reason of a Group Ruling issued to the United States
Conference of Catholic Bishops by the Internal Revenue Service on July 28, 2009, which
is the latest annual update in a series that began with the original determination of March
25, 1946. A copy of the 2009 Group Ruling is enclosed. The Group Exemption Number
is 0928,
The Group Ruling provides that any organizations listed in the Official Catholic
Directory for 2009 as being an agency, instrumentality and educational, charitable and
religious institutions operated, supervised or controlled by or in connection with the
Roman Catholic Church in the United States, are tax exempt.
a
The Church of the Immaculate Conception of Columbia Heights is listed in the QJftcial
Catholic Directory foi 2009. A copy of the page from the directory showing that listing is
enclosed.
If you have any questions about the tax exempt status,please contact me.
Thank you.
c zards,
Eisenzi�llne
Chancellor for Civi airs
Enclosures
226 Su.,dwTAVENUE $T. PAUL, MINNESOTA 55102-219?• TEL: (651) 291-4405 • FAx: (651) 290-1629
Internal Revenue Service Department of the Treasury
P.O,Box 2588
Cincinnati,ON 45201
Date: JUL $8.2oog Person to Contact•.
Roger Meyer
Toff Free Telephone Number.
877-829-5500
United States Conference of Catholic Bishops Employer IdentNication Number:
3211 4y Street N.E. 53-0196617
Washington,D.C.2W17-1194 Group Exemption Number.
0928
Dear Sir or Madam.,
In a tiding dated March 25, 1946,we had that the agencies and Instrumentalities and all educational,
charitable and religious inst=itution operated,supervised,or controlled by or In connection with the
Roman Catholic Church In the United States,its tenttoires or possessions appearing In The OB)i: l
Caffioik OfMclaty 1946,are entitled to exemption from Federal income tax under the provisions of
section 101(6)of the Internal Revenue Code of t93a,which corresponds to section 501(0)(3)of the
1986 Code. This ruling has been updated annually to cover the organizations added to or deleted
from the Directory.
77he Offdal Catholic DiraCMryfor 2009 stows the names and addresses of all agencies and
Instrumentalities and all educational,charitable,and religious institutions operated by the Romani
Catholic Church in the United States,its tarr8orias and possessions in existence at the time the
Directory was published. It Is understood that each of these is a non-profit organization,fiat no pail
of the net earnings thereof inures to the benefit of any Individual,that no substantial W of their
acfhAfts is for promotion of legislation,and that none are private foundations under section St1,9(a)of
the Code.
Based on all Information submitted,we conclude that the agencies and Instrumentalities and
educational,dmihable,and religious institutions operated,supervised,or controlled by or in
connection with the Roman Catholic Church in the United States,its territories or possessions
appearing in The Official CaMoik Dlrect0ry for 2009 are exempt from Federal income tax under
section 501(c)(3)of the Code.
Donors may deduct con lributlons to the agencies,Instrumentalities and institutions referred to above,
as provided by section 170 of the Code. Bequests,iagaciss,devises,transfers,or gifts to them or for
their use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions
of sections 2055,2106,and 2522 of the Code.
$e9innirtg January 1, 1984,unless specifically excepted,you and your suborclinates must pay tax
uhder the Federal fnsurancs Contributions Act(FICA)for each employee who is paid$100 or more in
a calendar year,as indexed for inflation, You and your subordinates are not fiable for the tax under
the Federal Unemployment Tax Act(FUTA).
53
The conditions conoeming the retention of your group exemption as set fortti in our previous
determination letter dated August 17, 1983,remain in full torte and effect.
Sincerely,
� ��
Cindy W
Manager, Exempt Organtzadons
Determinations
r
54
3507E
NORTHEAST BANK
THE CHURCH OF THE MINNEAPOLIS,HEIGHTS,MN-763-786-9351
MINNEAPOLIS,MN-612-379.8811
IMMACULATE CONCEPTION COON RAPIDS,MN-763.7843533
4090 JACKSON STREET,NE. YOUR INDEPENDENT COMMUNITY BANK 9/25/2012
COLUMBIA HEIGHTS,MN 55421 17-13-910
PAY TO THE .'City of Columbia Heights-other s *"25.00
ORDER OF
twenty-Five and 00/100*4i1t 4*R**4*4***1RRk4ki***t4*Mi*R*4*44*4*H4*4i*44iki*****k44f44**i1**kR*4*Rkt MR*RRR*R**hRR*R*k*4*R DOLLARS
City of Columbia Heights
t
MEMO art OMM 8KiN RE
55
CITY COUNCIL LETTER
Meeting of October 8, 2012
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: October 3, 2012 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the October 8,2012 Council meeting. This agenda consists
of applications for Contractor licenses for 2012 and a Temporary Liquor License for the November 1'71'
event at Immaculate Conception Church.
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 October 8, 2012 as presented.
COUNCIL ACTION:
56
TO CITY COUNCIL October 8, 2012
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2012
BLDG *Neil Heating PO Box 29292,Mpls $60
*Ikes Plumbing 6497 Hokah Dr., Lino Lakes $60
Great Quality Plumb 4118 Oak Grove Curve, Eagan $60
*Underdahls Htg/Ac 408 Arrowhead Dr. Lino Lakes $60
Heins Plum&Htg 13140 Basswood Ln,Rogers $60
*Heating& Cool Design 10830 Able St, Blaine $60
*Precision Point Plumbing 9440 Dunlap Ave, Cir Pines $60
Lesyinski Concrete 7698 Padgett Ave, Otsego $60
Priority Plumb &Drains 14270 2015E Ave NW, Elk River $60
*Tree-Mendous Tree 5240 Xerxes Ave N, Mpls $60
Lowell Koerner 4457 University Ave. $60
TEMPORARY LIQUOR
*Immaculate Conception Church 4030 Jackson St $100
For Nov 17`h event
57
U1 W + * # * # *
F C7 + *
x FG * +
u a * +
Ha + +
ww + *
x > + +
o + *
H # *
W o + + a
00 + a
O ? * * U7+
}
coo } Ho
0 0 0 + * a H
F a a + + m
} H
E.
+ + a H
+ + a 1J 1l JJL 1lU U J� 1� 1111 J�JJL N
+ H U
T #
0000 * U M z 0 m
° zzzz « 0 n
m } U •0
x � zzzz � � xr
v + + \ v
u + wwww + o qa
# * 4
* * + + + + C 0
+ + N . . . . . . . . . . . . . .N W
WM + + t� N . . . . . . . . . . O Ro
. . N . . . . . . . . H O
H U O
aH # + 0 C • ?ice . . . N W C4 -ti HO
KC u u R m 4 4 4 v u v \ v
H + + N N O v L L N Si ro u R u C
UN * + .H a mu v•0 W W C C
U ,q • O • qN X 7C
H + + N z i O E C] W N rt W
orb rou v ro UWa
H� : : i G mx q vm 0 u s4 u rtz mm 0 •m G tr
ww + # 4 0 p xuaCx v0-H,x Id ; H.pa
o + * O .N a v U N �4 4 U '10 0 0 x U v ro rl O
rq\ + + R u U C v C 7 7 0 0 C > 4 C C H v u C h
U o + + N R z 7 4 0 0 0,0 4 0 C 3 m 0 v.� C C
4H + * * * + # W 0 H w UWIDr u
E
x
V �-I If1 N o 4p t� m l0 61 H O O C C N f� Ifl N f� O O� t� O (M O O f-I M i-1 IY1 O N O f� Ifl Ifl M O [M O O O �0 O C�O V�
H 'ajy Ol'i l0 N m O . .If. M . . ri O MOO r. 0. O. If. Ol 1.
W W
x O O m Ol t` Ol rl ri m !� !� M A N rl ri C M dl O t0 l0 M t` C ul N � t`M m C ob N LD N M 01 ri O t(1 h m O p M m
m d' h Ol �p Ifl Ifl �O rl N O N N Ol ri Ifl M tO ri M Ifl O N ri ri N M C rl C O Ol N rl Ifl N O O M C C O O lP rl
R(' W � M rl O lfl N O C R rl ri Ol r N ri [� N .i rl N C Ol Ol m N N C O � N rl N If1 m m t` ri .�.
H
(q O C rl M N ri M M d' rl fl N rl rl N rl ey
a N
00
V
w W W
0 . E
ElIqC fC N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
.'N Lfl Q H H ri ri ri rl `i ri rl rl ri ri N, fi rl rl rl rl rl rl ri ri rl ri ri ri rl ri ri rl rl ri rl ri rl ri ri r- r-I rl rl ri r-I rl ri H H
HC7 x Rio lP la mlP lP to to to lo� lo io to iomlo to io to�o to �o� � lo lo� mm� lo� lo to��o Flo to to iomlowlo
U V N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
x mmmmmmmmmmrnmmmmmolmmmmrnmmmmmmolmmmrnmmmmmmmmmmmmmrn
V o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
U
z
H yk MCl(1 l0hmTO riNMd� N lO I� m � OrlNMd� 1I1 lDf mTOrINM d� N lOf mOIOHNM W Ifl lO [gym Ol
E
W U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
H W N N Ifl Ifl N N N N Lfl LI1 V1 Ifl N Ifl LI1 N tf1 N Ill V1 N IP V1 Ifl Ifl Ifl V1 V1 Ifl N LI1 Lll m l(1 I(1 Ill Ifl Ifl 1f1 Ln Ifl Ifl Ifl II1 V1 Ifl If1
a x C W d' d� d� d� <H C CCC C d' C Cd� C CC d� CCC CC C CCC CCC CC CC d� d�C d� 'C CCCCC C
V H HHH HNNNHHNrI HH HHrIHHNNHHrI rI raHHrl HHriHHHHHNHHHHHHHHH
>va
0 H
0 U
N0
.� O
xu
X N 2 2 E z a F H U U U 0 z H
UH H Hw Hw'' ��CC Hcif �c7 E. z z H Q p Fl Fq
.� N W W QU £ .am W m7w H H a, mx W O O
U\ U LI Uz z O q < :D " W El W W W W aW3 H m U
m H H W H O U � W O z F z m m F W x m V < W 0 0 E 2.
o > > w H E W m H H a E z'z Z m a 0 8 E w H
\ W W z U E R C H W C 7 m H a Q W rr�� m F C m O H H E m N V
O W W W W 2 U m 0 E Q W H x 0 H u 3 2 a W g C , W U G H x
H m m Z H W w� a m N 0 KC w x U H a a U m w\w F w w a U' z m w O
E W H 0 0 2 40 F U W F m W O z W RC 7. W x W > x E x W H H N W V
OZ W 0944 •amH x W W W W Fz < >I W H EzHUEEOU' vPw W i Om W
z W W H H W >I W & < > < z x W x m W O E F in a r.� 0 H\W\H $ C4 U W m P4
W HX < W W W aFCO U W W Hz0 < w0.' O .] W ar.CU 3H W > W r.C > W O\W zE W Z W
Qmmk E QaFUmZ H W m W wHxawHU KC 0 rj P W M 04 >1 Z, W WHO > HE
E WHHQ V W H W E W wa W Ow
U 37z H W O W a
W p W V W W W £ u z H ?I O F U m W O W m W W >I
W zaaa OU gza 0 W aamoxwom W W Hm w C % W W wW E
F W E m G x O x W H E O rm W W q >
U q H a ' Ho m W U' W x W W F W 2 W mW q>HF�C
>W W
V
0 0 W F
O E w
W W w W a w W H a x £ "L m E+
m W r.� h' FCmU V Ha gm W w i-7 NRC � FCm W xxxHH V OFCQx FC W Ha
< W9 FC QW W HOOHH I/
H > FCC FC FC FC FC FC FC m m m m m U U U U U U U U U U U g W W GI W W W V' V' VI UI x x x x x x x H H H
a z
H H
UN x
u
z �° x
H\ u
wa
o x x
u0 �a
a � m m
m N
F
x
CJ El Ol Ill O O O lD l0 01 r1 N P O O Ol O O O O P N O O l0 O Ol O O O N O O O lO O NOON rl Ip N Ifl M O l0 O y�
H N C O O O N m N lO m m O Ill l9 O n O M O 0 0 M . Ol O m O ONO n O n M Ill . N m M O m O .
W W
x U O f-I H O n O N n Ol lfl n rl m ri m O n Itt l0 l9 n O U)N l0 Ifl 10 Ifl N I+1 m m I(1 Qi 1p C O n O m m m Ifl If] � Ol O Ifl
ri C Ol Ol Vl l0 N O 01 rl Ol V� <M n l0 Ifl ri rl r-I p o ri o HON l0 n Ol It) C M N O C O m N n t0 O ri n rl M Ifl N
F( a OImNCHNNM m M HMmHmHHm m ri t0 Hb � N oioHmm HHH
H
W O m � 1p N H N l0 ri M ri n H
N rl C W
an
00 �
U �
wz w
Oo H
7+ Ill Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H ri H H H
IH-I
U U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0
m
z
H ]k O 'iNMd� NlOhmOlO rIN MCIfI IO f� m0lO rlNMC Iflb L" m01O riNM �IP lOnmO�O riNMCIII�O
H a' In I11111m mInN min mlo � W � io �m� mlon nnnn n n n nnmmmmmmmmmmmmmmmmrn
U] U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
H W Ifl Ifl Ifl Ifl N Ifl lfl 111 Ifl Ifl Lfl Ifl Ifl Ifl lfl Ifl Ifl Ifl l(1 m 1f1 N Ifl I11 N IfY Itl I!) N Ifl I(1 Ifl Ifl Ifl I1)Ifl Ifl lfl N Ifl N N lf1 Lfl Ifl ll)If1
a x accccaawwaa� c alcawdlwaacacwca� acal v� cccaccwawcv� cm cn almw
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H N N H H H H H H H H H
Ta
H
0 U
al
N
'N O
xU
O (DU L a' Fl U H
XN O H E W 0 m ,'Z p a Q U1 ,7 H rja [-I Fl z E
U H U H N U U W O H H m O W u u H >E 00 H U
U W
Wo z �C x U H W U O U z17 W'O ww
.0 N z W U W H W a W UI H U z U H . W w W W w
V\ OZ FC E o [r] HH Umz HUH 3 m W .] m F
m JH F 11 O o z CJ Ali aouom z a zH U1 `.Pi zEi �i �i x Fez
o w H O a U U O U H m H H a W H O m H F H E H H W' HOW
\ O H H m U Z F 3 S H O W H O W A' H H x E E O W V V H
a a H W 9 u E 3 H a W t a m r.� Z U W y W E u E U S z H z
H H Hz fG' Hi as FC I-7 W M � wxXq .� O 7. U) pE UH W W 2 W C41-] �G
m • H $ H (n FC •U zS� WOW' UWFC W U' HC7HWhWwaWC7 U' Hx aE KqW
Ht!) r� H x w UFI mZ oaZF W w Qw aw E ZFCa uoax m �y r.000
Q O r k E w m Q a a m a H O U O m l•4 H m F H W O w W m H a u m K H\ W Q U y' N H\
NO > K W mwgH W.Z aHu W 3 W FC www � - U3P4 >l wZ N
W W El W W x U . W a3 W > hC W x H W UHr1 E+ W H > > C7 W H\N r W
H O m O E H W O m g a a H 3m U I-1 Q\W H W a W E H a.H W W Z H H x U'
E a Z W mmw EH W r.� U r.CaHm a W £ C4H zFaa x W f-0\ .H mr.� x W f� H x0.: �'iH URi
w a >1 0m w\Q rmm < www HWHH pDVZQFU X4 u P4mU EWm > ww
H O O 4 m p W W'O FC W W W x E V V u z H a a W H o x W Z H a W q Q W W m N N� O ll 'L OEM
m Q u EH W Gm �W 33 $ H HH HmaaHE mumC7H COw a zZOI> a EHC7 H [7 V a
N Z V xaS /1 W ZHQQQ W Hw ws' poHrt; w o HZ7axr� a W PwH HO fk W' xrnmH <
m W r.( FD04 W W W W HHHHOm W Z W 4C w x W W' QH < UHp QN CL 3zz xHHHa4 D mH
> z h h a a a E £ £ £ E E H H O o 0 0 W W a a a a O a m m m m m m m E E p 3 3 3 3 3 N N P7 Z m
H H
UN >
7 U
Z o W
ZN x
H\ V
ww
m\ z 2
K4 H w m
w M
E
x
G H OOOOOOmNOr1OOONOINmO�O lO rIN O Nr OrINrOOr d� COO� 000l OlmOOONdI
H 0 0 0 0 0 0 lD Ol O lfl al W m r m m l(. O W lO Ol m O M r N M �. Ol 6l . . r. . If. . . . Ol If1 O M ul
W W
x0 O Ifl O r{ If1 Ifl Ol � W N N d� 61 r Ot r M If1 V' lO NON W r �O m Ol m r l0 Ifl Ol N M m O m D1 N O N m m r N m m
r a'lO O m r M N lO O1 e r r lfl N N H N r M r r r r m r Ol
NN N
NNW N W N N lO N r C lfl ri m i.fl C M W � O N d' m
r� W MNNrrI rlM M ,im Mm MM ri�DCNN +-I rl MHMN rIHr MNmN
H
W O fl M M M N M d'M b O Ifl
ri
>
U u'
H
w w
00
E
H a \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
H V iL r M M M M M M M M M M M MM M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
U V
x m0000000000000000000000000000000000000000000000
U'
z
H 1k r W Ol O i-1 N M C N l0 r m T O rl N M C N l0 r m Ol O ri N M C N l0 r CO 41 O rl N M d' N�O r m Ol O ri N M
F rYi 01 D l O l 0 0 0 0 0 0 0 0 0 0 r l r i r 1 H `i r l r l r l r l f l N N N N N N N N N N M M M M M M M M M M C C C C
U1 U N N N M M M M M M M M M M M M M M M M M M M M M M t+l M M M M M M M M M M M M M M M M M M M M M
H W Ifl I!1 LI1 N II1 V1 N N N N N N N N N N N Ifl LI1 I(1 Ifl N N N N N N N N N LI1 Ill L!1 lIl LI1 N N N N N N N N N N Ifl lfl
a x aaHwcccaaacccaccc � cwcacwaw <ry a� a arc aa� cccccawaca� c a� w a� rn
0 H
OU
m0
x u
o HM 2 a w a H
H zm E w UU Om Ea
u H O m
HUHr.� O w U]2QHr-� lx � zz U Hp QO V z0
v O Li.J z a U W £ R C ro r7 H 0a H H z p a u H a U
.CN aHUmu u a x m W H w' z �, c H µ'm UOF zw' x
U\ O a4za z z r1 P+ wzc4 w W w w mw z zwz EO wOF
m M Lb wHg H O w VN W OHmw' � m zl4 U < O H O Q wuz
'a
o O H
\H H zum OK zzw H w U O a [� H wW' W
E wiz FU E w w H mO 0 H [4H w OHzF
O z U
H9 " wzz � a Q O E w a H z a U W H w E W
14 a z W H Q � W W g m w z Q H Q x O O W U H w\a z m w w E >U W H
C7 r.� F W HU Ox0 za W� W W W Ow2G � Om W XK W wOHH wO HM - wp
W CL H E a •W H W H O W H H W H H x W W F H w U H w w0 " W H m �z a
0 V�N Fa /FC'a a' W H w QW2: W w0 Hw www'uH�W 7 uH uH uXvZ vH u4 u xW v rouo Qw Q W ww 3 a w w a wz cW� xz w H[ W H HQ H m x rj x w Ox USl P w CW Q
W z
V
0 Q IIPHU w U W MOHH H Ia W 0 w x w " H W H W
H Q w x H P H Q E \ b w O a a H Q H H H z H E W D W H H E w 0 O H w H
w W H wUx a\ z O HH U O C Oww u ww
P4 ur� RUw oUZO Hp4 M44wry " PM M W H zM Wwo
E o o KC H ww pw 0 m QEl xHM4 0 wmwQ ao 14 q q . z
2 a H wO £ w w v Nuuz z W ho W UP U
H
a o z
r, r, xaa
a z
H H
U N x
Z U
go W
zN x
H\ U
W a�
H
x
LJ � h O O O M (`l O Ol m O O Ol M Ifl O ri m Ol o N M Ol Ifl O O Q� d� O h 0 0 0 0 1p C ri O h V1 b M
H h �POO hip l0mh000. 0. �M . y. M . . . r. OlOOOl.Ol r1 APO . If. . . . l0O �PHN N
O O 1p M M C h h M M O M N M M M rl d' m � O M M O� Ol l0 Ol l0 m h M 01 h h In b Ifl Ifl Ol If1 h
A,' W � C M m Ifl p If1 OI r N Itl M rl H C \O C d' O rl C m N N m M m �M O h W rl M
H
O N rl h M h O rl N ri M rl N ri ri VI O Ol h
N N N m H H ry C
� N
Oo �
U >
wa w
0 . E
H [7 iYi M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M
U U
000000000000000000000 . 00000000000000000 .
W \\0\ 0000\0000\\\\\\0000\\0000\\\\\\
. . . 0 0 0 .0 0 0 0 0 0 0 0 0 . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
V HH � � H � H ,� ,� H ,� HHHH ,� HHHHH ,� HHHHH � � HHH ,� HHHHHHH
U
z
H yk C Ifl l0hm61O riNMd� N10hm61O rlNM � m �PhmOlO riNMC�1I1\OhmDlO riNM
E �' w wd� a� a W mminmmuim uim min �o io io iP�o �P io iP �ohhhh hh hh hhmm W m
H W lfl l(1 Ifl N N Ifl In 111 Ifl m Ifl 111 l(1 l(1 IP U) Ifl N If1 Ifl N LI1 Ifl M N 1I1 l(1 Ifl In Ifl m N Ifl Ifl In 1f1 Ifl 1f1 Ifl Ifl
S4 H
oU
.H 0
N
m O
xu
XN OV W H E m 2 izi mx 2 rL EH
u H W' U V O F H H U H F 00
No uU' w zo mU H a m H W a0 Ulm WW
.: N z z m H m z W H F W F u w 'a m w w u '4
U\ H H w u U m ow . 9 U H U 'l U w
m F W' Z6 z OTC Hz W z 'a W O 7. H z ;4
O a P `a .,q H U x F H m U q m w' w H W z z. H H z
\ q' m0 M F4 z W. 0 H V 0 W 3C44H xX:
O UHp0 NUm 3 'P44U W H c4 1> U a has z H
H H (k Z E. O sp W m W W E 4zw 40 < Hm m Pa
FwH 3HH mN W zz w -U> WW z. H V W� � rjwUwE U' C7� H F
m x z x F x O z W H W W z C F z q w o z a r�. H F
m H w w w u H q > H W x m H a W 9 U P >, p
V q r1, B W a W H W s 3 D W U H 3 W u g 0 m 0 U w >+ 0 W WOW o W
w W u H p O o ' ou o w N ,'4 FC HNw w o H F � UU> > m UPi\
E S O W S H HD O E V m 0 W w U Z H H p rM V U W F4
s az m W .'"J W0 [1 MW V' a0z W' rl w � W zN W Hmaz W W mry' Hz ,1'
W W x zuup❑ 5 ww W aEllgo Q H W F W HIq wu Wows wm
E O O W z V UWOOr.� W W W W FaOggE xHza W ,N a 0.' W UH NNw � q
m q U FOHHrj 0.' C43zzzzgFinagH W HH V H W aHmz[9z > Oq W EE V' a �
>+ z U muwmw FFg2z W � Hrzl rW� m �U m 'a W CL RC W W g3gHHzC4 z C4 CGw W 3
mH > £ � £ � E 2. £ EE � zaar>; w am wil° mran cFilm carlFEE F [3. � > 333a 33XN
a H 0
a z
H H
U N �4
z H U
g o W
z N x
H 0 U
wa
o x x
m\ z z
w w
mm
H
x
u � M
H N
x V O in
r
as �
roo �
N C
� M
0 M
U
0 w W
O o H
w FC
N
H 14
q
H U u
U U
W
x
v
u m
z
H Y O
H x o
m u o
H W
a x
U
NH W
UV H
Al z
W H
� O a
x v a
X N N
U H q
FN O
U� V
m W
o C4
E
W C4
F qOq
� Z N
m w a
H > El
aH H
O
H F
U N
zH F
ao a
zN o
w a W
o x a
a � W
mw
H U'
xa
c� a
H a
wa
x
W
as
H
p] O
N
a h
00
U �
wva
00 .
0 a
o m
H a a
HL7 U'
U
m �
�. r. r. M N N O �O l0 t0 t0 l0 1. If. N M . N M 6. 111 M �--. . 1. O. M 0. .
W W
N w H C I/ N Ifl C C Cd' C C CIfIN Hf� IYI O'1 lfl l0 lO Cl0N TOIN h w r r
O U} N H t`l � M M N N
1� W
N Q 41 O J M� N N N H m of C H H r i N O l- r r �
x m N ri lP (n �P lD
H H
X Q Q
U
N
u
U
I x I
I a H I
Q w f°QOw w
w 9 0 p aw H PHWWN El 0
�-IHUN `Ho W CI E H � xO I
aOz
ONE U' I Q W H H O W W
O H W z ow M a U p �-I H H h H
aHHO mug < :4 El Fr.� OI H F m0
Ew W zH a�w W a'�W za W E U W Na' W i
w M > w Hm F ctmH • 'JO W a >1 .'H D `F) 0' 1 0
H W H H a 0.' rLHE .7E aF W II--�� EE a E i U
z Qm 7 O U ma a W P4 H H a�, F zQ H 1 U
H 0 1 H W O ', H E W EEC Flaw W m o W W FC
m •• H 71 '<" qa x as Q aH HOaHHH 3 zuHE-I W W
H E E HH W U FCE a u aHaHFw W O H uz 0 X
aH a •• am w a aapr� Qp m ua w r^,j,Iw z
H .. a 1 Q C H HNRA E Q'U QHny W H
W"Ja ww zHHQwxaH HH W P4 P4 m Oct P: LLGG WH W w x4
UN a u 1 W E H a W w w H H w W W p p W E o F .7 X m W u
Z 9 m z EFC FC W W H w m w wwwaaaa a' H.$ w0 aHz wzmw a a' � I w a
a' O U W w O Q H r1 H w H p H x H H(.(' a' r.( H f( W W H H rj auw z O z a W z U m 14
14
zN w QI i� uwmua �cHxHmHHVUUUw3mamaHVHw
m\ 'jv `� ri H C N Ifl O ri ri N lO h N Ol H If1 O ri Ol H N M C� Ol rl ri O M C I� E H
U OJ `J O O O H N VI �P h f r L^ m N r1 H N M M O O O O O Ifl O N of OJ W O O
a' H w w I H N N N N N N M !`IM M M M C C W CC� �P IP\P lP lP 1Pf rOJ CO W H w W I (Yj H
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of October 8, 2012
AGENDA SECTION: Public Hearings ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2012-130 being BY: Jeff Sargent, City Planner BY:
Resolution for the Approval of a 30-inch DATE: October 3, 2012
height variance for a fence in the front
and at 3919 Reservoir Blvd.
BACKGROUND:
At this time,the applicant is requesting a 30-inch height variance to install a 6-foot fence in his front yard per Code
Section 9.106(E)(2)(d). City Staff noticed that the 6-foot fence was being constructed in the front yard and informed
the applicant that he would need a variance in order to retain the structure. For this reason, he is requesting the
variance.
The house at 3919 Reservoir Boulevard sits within 5 feet of the rear property line, leaving no rear yard on the
property. The reason why the applicant constructed the fence was to promote more privacy on his property than he
currently has. The 6-foot fence extends along the southern property line from the front of his house and stops when
it lines up with the rear of the neighboring house.
RECOMMENDATION:
The Planning and Zoning Commission held a Public Hearing for the request on October 2, 2012. The Planning
Commission recommended approval of the proposed variance with a 5-0 vote.
RECOMMENDED MOTION:
MOTION: Move to waive the reading of Resolution 2012-130, there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2012-130, approving the 30-inch height variance for a fence in the front
yard at 3919 Reservoir Boulevard NE, subject to the conditions outlined in Resolution No. 2012-130.
Attachments:Resolution 2012-130;P+ZMemo;Location Map;Application materials
COUNCIL ACTION:
65
RESOLUTION NO. 2012-130
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR JASON NORDEN
WHEREAS, a proposal (Case # 2012-1001) has been submitted by Jason Norden to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3919 Reservoir Boulevard NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: a 30-inch height variance to
install a 6-foot fence in his front yard per Code Section 9.106 (E)(2)(d).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on October 2, 2012;
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, strict adherence to the
provisions of this article would cause practical difficulties in conforming to the zoning
ordinance. The applicant, however, is proposing to use the property in a reasonable
manner not permitted by the zoning ordinance.
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 practical difficulties are caused by the provisions of this article and have not been
created by any person currently having a 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.
66
Resolution No. 2012-130 Page 2
FURTHER,BE IT RESOLVED,that the attached plans,maps,and other information shall become
part of this variance and approval; and in granting this variance the city and the applicant agree that
this variance shall become null and void if the project has not been completed within one (1)
calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the
application shall become part of the permit.
Passed this 8"' day of October, 2012
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk
67
3919 Reservoir Blvd
5
40TH AVE
O b O N O 0 0 N N M O O N N N 1202 3964 3 1400
950 m g o 0 0 0 0 0 o gj5 g197
39) 79
2 8S
I--- r p N N M M 0 0 0 M A 1121 3g 3 m 55 gj
3g g52 38j S
Sgss 5 `O 3g gCg "''YSp
NO N A�Om--i 0 0 3gp \Q- SPO.3o J� 3 ays7 3o3gp2 3g
3940 W 1055 3g 383 3pi g3 X36, 3 3gY
W 3. 25 ` 383 3g�319 3 8319
� 3 gam? 3193 �g?o o So g3`T 319
9 �, u' 319 3 3 3 1
1036 '8 19 2) 397 319 gig 7 3g7920
1000 3912 3 3 dg7p 5 3g3g�2) 3197 S
N 319 3 g?u, 319'971 319 ?7 ,egg ?
Oo 19719 .7 195
W E 3 719 1 31919 5
971 3�?gO 06, 3`9)y. . 319 ,95, 319 gls• 3yO9Sp 6
s 3900 gg`�p 3905 21 3901 '7 1221 3901
39TH AVE
77 950 3850 38 '71919 110 3 3868 1200 3 3851216 319 1220 CO
Sop? �Q 30519 >5 383osg8? 0 3 ug)3 3 3gS�Qr 5 5 3e3a)s)g e
3�0 �� 355s aos�' 3o Soa 383,sp 3 300;7 ���
3
`7838 3853 .719 Spg 5 388 'r8 u'B�SpS o 35 88S 3836
35 57
382 Ss. .75 f(/ dg S'j 83 3 8S 3830
8 5 319°8 3 38
3826
p 3 8319 38i7B28 8 3i7 8�7g 319 8?8 3193 p) ���9
833 319 ?2 3S, X78 ?2 „d3 8
3 6q3 3816
3838�> 3 386�g 38 3�S 387 75 5 3 38�)7 3809 3812
?� 87 38 719 38 ? 3 823 3807
3B o 3 7S 3 os 8i 3803 3806
3 7S 3819 35 877 3 880 ,7 i757S 8 3800 3801
38 81919 3> 8 3;883> 3)3)'75 38`781919'7 3732 373 3732
3726 3725 3726
7
3722 3721 3720
3720 3719
3710 W 3711 3712
A M N r
Location Map
68
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2012-1001
DATE: October 2, 2012
TO: Columbia Heights Planning Commission
APPLICANT: Jason Norden
LOCATION: 3919 Reservoir Boulevard NE
REQUEST: A 30-inch Height Variance for a Fence
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, the applicant is requesting a 30-inch height variance to install a 6-foot fence
in his front yard per Code Section 9.106 (E)(2)(d). City Staff noticed that the 6-foot
fence was being constructed in the front yard and informed the applicant that he would
need a variance in order to retain the structure. For this reason, he is requesting the
variance.
ZONING ORDINANCE
The property located at 3919 Reservoir Boulevard is zoned R2-A, One and Two Family
Residential, as are all the properties in the immediate vicinity. The Zoning Code
Section 9.106 (E)(2)(d) states that screening fences constructed in the front yard may
not exceed 42 inches in height. The applicant has constructed a six-foot fence (72
inches) in the front yard, requiring a 30-inch height variance.
The house at 3919 Reservoir Boulevard sits within 5 feet of the rear property line,
leaving no rear yard on the property. The reason why the applicant constructed the
fence was to promote more privacy on his property than he currently has. The 6-foot
fence extends along the southern property line from the front of his house and stops
when it lines up with the rear of the neighboring house.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Residential. The use of fences in
residential areas is allowed, and for this reason, the proposal is consistent with the
Comprehensive Plan.
City of Columbia Heights Planning Commission October 2, 2012
3919 Reservoir Blvd. - Fence Variance Case # 2012-1001
FINDINGS OF FACT (Variance)
Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met
in order for the City Council to grant a variance. They are as follows:
a) Because of the particular physical surroundings, or the shape, configuration,
topography, or other conditions of the specific parcel of land involved, strict
adherence to the provisions of this article would cause practical difficulties in
conforming to the zoning ordinance. The applicant, however, is proposing to
use the property in a reasonable manner not permitted by the zoning
ordinance.
The applicant's house was constructed within 5 feet of the rear property line,
leaving the property with no rear yard. Being that the applicant would like to
create some privacy on his property, he has constructed a 6-foot fence in an area
that would be his rear yard if his house was set back the same distance as the
neighboring properties. Because the 6-foot fence does not extend into the front
yard of the neighboring properties, the applicant is using his property in a
reasonable manner.
,O
s
I�II�
39
5
39TH AVE NE
Page 2
70
City of Columbia Heights Planning Commission October 2, 2012
3919 Reservoir Blvd. - Fence Variance Case # 2012-1001
b) The conditions upon which the variance is based are unique to the specific
parcel of land involved and are generally not applicable to other properties
within the same zoning classification.
The conditions upon which the variance is based on the fact that the house is
placed within 5 feet of the rear property line, leaving the property with no rear
yard. This is a unique circumstance, as principle structures are required to be
placed no closer than 20% of the lot depth in the R2-A, One and Two Family
Residential District.
c) The practical difficulties are caused by the provisions of this article and have
not been created by any person currently having a legal interest in the
property.
The applicant bought the house in its current condition. The practical difficulties
in this case are caused by the provisions of the Zoning Code not allowing fences
in excess of 42 inches in the front yard.
d) The granting of the variance is in harmony with the general purpose and
intent of the comprehensive plan.
The Comprehensive Plan guides this area as Residential. The use of fences in
residential areas is allowed, and for this reason, the proposal is consistent with
the Comprehensive Plan.
e) The granting of the variance will not be materially detrimental to the public
welfare or materially injurious to the enjoyment, use, development or value of
property or improvements in the vicinity.
The placement of the 6-foot portion of the fence is consistent with the placement
of 6-foot fences in relation to the neighboring properties. At no point does the 6-
foot portion of the fence extend in front of either of the neighboring properties.
For this reason, the variance would not be materially detrimental to the public
welfare.
RECOMMENDATION
Staff recommends approval of the 30-inch height variance for a fence located in the
front yard because of the practical difficulties that are imposed on the property due to
the placement of the house on the lot.
Motion: That the Planning Commission recommends that the City Council approve the
30-inch height variance to install a 6-foot fence in his front yard per Code Section 9.106
(E)(2)(d), subject to certain conditions of approval that have been found to be necessary
to protect the public interest and ensure compliance with the provisions of the Zoning
Page 3
71
City of Columbia Heights Planning Commission October 2, 2012
3919 Reservoir Blvd. - Fence Variance Case # 2012-1001
and Development Ordinance, including:
1. All application materials, maps, drawings, and descriptive information submitted
with the application shall become part of the permit.
ATTACHMENTS
• Draft Resolution
• Location Map
• Site Plan
Page 4
72
``'1IJJ O
3717
=. SCANNED
73
Columbia Heights Planning and Zoning Commission and City Council Members,
My name is Jason Norden,my wife IZelly and I are new residents in Columbia Heights and
purchased 3919 Reservoir Blvd in August 2011.We are seeking a variance for a 6'privacy fence
located on the south side of the property between 3915 Reservoir and 3919 Reservoir.The
reasons I believe this variance should be granted are as follows.
a) Our dwelling location is setback to 5'from the alley. Due to this we do not have a back
yard like other homes in the neighborhood.So do to the configuration of the dwelling on
this parcel of land I believe it to be difficult to conform to the zoning ordinance.It is a
fact according to the code,if our neighbor at 3915 Reservoir built the same exact fence it
would be okay to be 6'at the location I am asking for the variance on.There is one
property on the block with the about the same setback as ours which is 3969 Reservoir.
They must have a variance for this similar reason because they have a 6'chain link fence
along the-whole front of their yard.
b) Because of the deep setback of this home the variance would be unique to this area with
the exception of 3969 Reservoir which has a 6'chain link fence across the whole front of
their yard. Ours is only a privacy divider on one side of our property.As seen in the plan
3915 Reservoir is set back 95'from the alley-which seems a pretty typical set back to this
area.
c) Because of the unique setback of this home built in 1920 we do not have a private area to
use our property in a reasonable manner.Which was no fault of our owns.We also have a
16 year old son who has cerebral palsy and is in a wheelchair and as a homeowner in this
city with a disabled family member,having this fence will allow future improvements to
the home to make it more handicap accessible like possibly expanding our drive way
along the fence line up to our sitting area right behind the garage.My son cannot fit his
wheelchair anywhere else on the property but in the front to enjoy time outside with
family and friends with privacy.
d) This home is a residential property and allowing the fence variance would be consistent
with the general purpose and intent of a comprehensive plan.
e) Granting this variance would not be detrimental to any of the public because of the
location and fact that if the owners of 3915 wanted to erect a 6'fence on their property in
this same location they would not even need a permit let alone a variance. It is of no
harm and is improving the look and property value of this home and probably adjacent
home 3915 Reservoir.
It is with this humble request that my wife IZelly,sons De-sin, Payton and I would appreciate this
consideration as new home owners in the beautiful City of Columbia Heights to enjoy our home
and community in a reasonable manner.
Thank You,
Jason Norden
74
r
Fir-� , - 1 - - - •�. �.'i.) f zdtr.'-�t•' ti.
.'i— —.
Our Family 6'Fence Location
IX
Our Family Enjoying Privacy Fence Another View of Fence
«7 {a
"P
View of 3969 Reseri'oir Blvd with 6'Fence in front of property and set back close to alley.
75
O •
Y � Y
r
o .
r
1
_ '.4t �►;
ti
k
+ f