HomeMy WebLinkAboutNovember 13, 2006 Regular
ADMIN/STRA TION
Mavor
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Nawrocki
Tammera Ericson Diehm
Bruce Kelzenberg
Citv Mallafler
Walter R. Fehst
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TOD (763) 706-3692
Visil Our Wehsile al: www.ci.columhia-heighls.ml1.us
November 9, 2006
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
November 13,2006, 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 Deputy City Clerk at 763-706-3611,
to make arrangements. (TDDI706-3692 for deaf or hearing impaired only)
1. CALL TO ORDER/tROLL CALLIINVOCATION
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention ofthe Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
A) Proclamations November 12-18,2006, is American Education Week
B) Presentations-Ted Landwehr: Rising to New Heights Acknowledgement of Make A Difference Day
Proj ects/ Awards
C) Introduction of New Employees-None
D) Recognition
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) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve City Council Meeting Minutes for October 23, 2006, Regular City Council Meeting
MOTION: Move to approve the minutes of the October 23, 2006, regular City Council meeting as
presented.
2) Accept Boards and Commissions Meeting Minutes
MOTION: Move to approve the minutes of the following boards/commissions:
a) Minutes of the July 25, 2006, Housing and Redevelopment Authority Meeting
b) Minutes of the August 22, 2006, Economic Development Authority (EDA) Meeting
c) Minutes of the October 3, 2006, Public Library Board of Trustees Meeting
d) Minutes of the November 8, 2006, Planning and Zoning Commission Meeting
3) Set Work Session Meeting Date
MOTION: Move to schedule a City Council Work Session for Monday, November 20,2006,
beginning at 7:00 p.m. in Conference Room 1.
THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
November 13, 2006
Page 2 of6
4) Adopt Resolution No. 2006-218, being a Resolution to Accept Gifts Received by the City of
Columbia Heights
MOTION: Move to waive the reading of Resolution No. 2006-218, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2006-218, being a resolution to accept gifts received by
the City of Columbia Heights.
5) Adopt Resolution 2006-240, being a Resolution Approving a Conditional Use Permit for an
Addition to a Senior Living Facility Located at 4444 Reservoir Boulevard
MOTION: Move to waive the reading of Resolution 2006-240, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-240, approving a Conditional Use Permit for an
addition to a senior living facility at the Crest View Campus, located at 4444 Reservoir Boulevard,
subject to the conditions stated in the Resolution.
6) Adopt Resolution 2006-239, being a Resolution Approving Setback Variances for a House and
Driveway Located at 3806 Jackson Street
MOTION: Move to waive the reading of Resolution 2006-239, there being ample copies available
to the public.
MOTION: Move to adopt Resolution No. 2006-239, approving the IS-foot side yard setback
variance and the 5-foot corner side yard setback variance for the construction of a new house and
two 3-foot side yard setback variances for the construction of a shared driveway at 3806 Jackson
Street, subject to the conditions stated in the Resolution.
7) Issue Rental Housing License to Bob Landucci, 3810-3812 3rd Street N.E.
MOTION: Move to issue a rental housing license to Bob Landucci to operate the rental property
located at 3810-3812 3rd Street N.E. in that the provisions of the residential maintenance code have
been complied with.
8) Approve the Items Listed for Rental Housing License Applications
MOTION: Move to approve the items listed for rental housing license applications for November
13,2006.
9) Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for November 13,
2006, as presented, regarding the new licenses for 2006 and the renewals for 2007.
10) Approve Payment of Bills
MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached
check register covering Check Number 119071 through 119397 in the amount of $2,032,360.42.
6. PUBLIC HEARINGS
A) Second Reading of Ordinance No. 1515, Zoning Amendment to the Zoning Code as it Relates to the
GB, General Business District and Auto Lots
MOTION: Move to waive the reading of Ordinance No. 1515, being ample copies available to the
public.
MOTION: Move to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City
Code of 2005, adopting the proposed zoning amendments.
City Council Agenda
November 13, 2006
Page 3 of6
B) Approve a Comprehensive Plan Amendment (Resolution 2006-241), First Reading of Ordinance 1519,
Pertaining to Rezoning of Property, and Approve Preliminary Plat for 2101 37th Avenue (Resolution
2006-242)
MOTION: Move to waive the reading of Resolution 2006-241, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to
reguide a specific area of land from GB, General Business to R-3, Limited Multiple Family Residential,
for the property located at 2101 - 3 7th Avenue.
MOTION: Move to waive the reading of Ordinance No. 1519, there being ample copies available to the
public.
MOTION: Move to set the second reading of Ordinance No. 1519 for Monday, November 27,2006 at
approximately 7:00 p.m. in the City Council Chambers.
MOTION: Move to waive the reading of Resolution 2006-242, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15
stated conditions as approved by the Planning Commission.
C) Adopt Resolution 2006-220, Approving Revocation for 1081-1083 Polk Circle N.E.
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-220,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-220, Resolution 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 license held by Anthony Ajewole regarding rental property at 1081-1083
Polk Circle N.E.
D) Adopt Resolution 2006-221, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-221, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-221, a resolution of the City Council of the City of
Columbia Heights declaring the property at 1110 Gould Avenue N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
E) Adopt Resolution 2006-222, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-222, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-222, a resolution ofthe City Council of the City of
Columbia Heights declaring the property at 3709 Polk Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
F) Adopt Resolution 2006-223, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-223, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-223, a resolution of the City Council of the City of
Columbia Heights declaring the property at 3816 Tyler Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
City Council Agenda
November 13,2006
Page 4 of6
G) Adopt Resolution 2006-224, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-224, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-224, a resolution of the City Council of the City of
Columbia Heights declaring the property at 3848 Jackson Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
H) Adopt Resolution 2006-226, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-226, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-226, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4011 5th Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
I) Adopt Resolution 2006-227, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-227, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-227, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4021 Jefferson Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
J) Adopt Resolution 2006-229, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-229, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-229, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4110 6th Street N .E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
K) Adopt Resolution 2006-230, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-230, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-230, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4138 Quincy Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
L) Adopt Resolution 2006-231, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-231, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-231, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4149 ih Street N.E. a nuisance and approving the abatement
of violations from the property pursuant to City Code section 8.206.
M) Adopt Resolution 2006-232, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-232, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-232, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4242 Quincy Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
City Council Agenda
November 13,2006
Page 5 of6
N) Adopt Resolution 2006-233, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No, 2006-233, there
being ample copies available to the public,
MOTION: Move to adopt Resolution No, 2006-233, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4440 Jefferson Street N,E, a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
0) Adopt Resolution 2006-234, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No, 2006-234, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-234, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4605 Polk Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
P) Adopt Resolution 2006-235, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-235, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-235, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4929 6th Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
Q) Adopt Resolution 2006-236, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-236, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-236, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4935 5th Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
R) Adopt Resolution 2006-237, Declaring Property a Nuisance/Approving Abatement of Violations
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-237, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2006-237, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4949-51 Jackson Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
B) Bid Considerations-None
C) Other Business
1) Authorization to Purchase Property
MOTION: Move to authorize the Mayor and City Manager to enter into purchase agreements for
the three properties at a total cost of $1 ,300,000, with funding coming from the Liquor fund and
inter-fund loans until the bonds are sold.
2) Resolution Awarding the Sale of$4.075.000 General Obligation Improvements Bonds. Series
2006A
MOTION: Move to waive the reading of Resolution 2006-238, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2006-238, being a resolution authorizing the sale of
$4,075,000 in General Obligation Improvement Bonds, Series 2006A.
City Council Agenda
November 13, 2006
Page 6 of6
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
B) Report of the City Attorney
9. CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
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PROCLAMA TION
WHEREAS, the schools represent a major investment by any community; and
WHEREAS, teachers are a most important part of our community' leadership;
and
WHEREAS, schools represent the best possible avenue of improving the
quality of life in our country; and
WHEREAS, involved citizens provide a most important facet III the
community schools; and
WHEREAS, there is a need for better communication and a more cooperative
relationship between professional educators and the community.
NOW, THEREFORE, I, Mayor Gary L. Peterson of the City of Columbia
Heights do hereby proclaim November 12-18,2006, to be:
AMERICAN EDUCATION WEEK
and urge all citizen to reaffirm their commitment to improving and supporting
education at all levels, and translate this commitment into action by visiting our local
schools.
Mayor Gary L. Peterson
CITY COUNCIL LETTER
Meeting of: November 13, 2006
AGENDA SECTION: PROCLAMATIONS, PRESENTA-
TIONS, RECOGNITION, & GUESTS
ORIGINATING DEPARTMENT:
CITY MANAGER'S
APPROVAL
;A../1
NO:
BY: TED LANDWEHR,
PRESIDENT OF
"RISING TO NEW
HEIGHTS"
DATE:
October 28, 2006, was national Make a Difference Day. This unique national program
inspires and rewards volunteers. It is a day of helping others--a celebration of neighbors
helping neighbors. "Rising to New Heights" urged people to look around the community and come
up with a project and register it with the organization. Tonight "Rising to New Heights" wishes
to specially recognize those projects and the people who did them.
ITEM: RECOGNITION OF MAKE A DIFFERENCE DAY
PROJECTS SUBMITTED TO "RISING TO NEW
HEIGHTS"
BY:
DATE:
NO:
{3.
The following people/groups submitted projects to "Rising to New Heights":
Hats for our Minnesota Military Personnel (Pat Sowada)
Project: The group is crocheting or knitting beanies for men and women deployed in Iraq. The
soldiers wear these beanies under their helmets during the day for comfort or at night for
warmth as it gets cold in the desert.
Participants: The "Beanie Club" - About 15 women in Columbia Heights
Columbia Heights Seniors
Project: The Seniors are knitting and crocheting stocking-like hats for our soldiers in Iraq.
Columbia Heights Seniors.
Columbia Heights Employees
Project: This year, 35 city employees collect numerous items for needy families to be
distributed by SACA. These items included sheets, towels, utensils, dishes, pots and pans,
clothing, birthday bags, Thanksgiving basket, money, hygiene essentials, dinners, etc.
Amy Moser, Becky Loader, Councilmember Bruce Kelzenberg, Councilmember Bruce
Nawrocki, Carole Blowers, Cher Bakken, Cristy Tombarge, Dana Weigman, Deanne Saefke, Diane Arne,
Mayor Gary Peterson, Henry Henry, Jeanine Schmidt, Jeff Sargent, Joanne Baker, Joanne Peterson,
Karen Moeller, Karen Olson, Keith Windschitl, Kelly Olson, Kevin Hansen, Larry Pepin, Larry
Scott, LeAnn Ottney, Linda Magee, Liz Bray, Marsha Tubbs, Mary Dugdale, Nancy Soldatow, Paul
Grosse, Pat Sowada, Paula Haynus, Shelley Hanson, Steve Leese, and Tom Johnson.
John and Marvin Sowada
Project: The Sowadas again donated approximately 400 pounds of vegetables from their farm
garden to SACA throughout the summer. This fall, they donated pumpkins, gourds and squash to
SACA. This October, they donated approximately 800 pounds of vegetables to SACA.
Participants: John and Marvin Sowada
Northeast Bank Employees
Project: Together for Tara Fundraiser. The purpose of this event was to come together as a
community to raise funds for Tara Peterson, a 27 year old single mom, facing the fight of her
life with Precursor B-cell Acute Lymphoblastic Leukemia (Precursor B Cell ALL) .
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: November 13, 2006
AGENDA SECTION: PROCLAMATIONS, PRESENTA-
TIONS, RECOGNITION, & GUESTS
ORIGINATING DEPARTMENT:
CITY MANAGER'S
APPROVAL
NO:
NO:
BY: TED LANDWEHR,
PRESIDENT OF
~RISING TO NEW
HEIGHTS"
DATE:
BY:
DATE:
ITEM: RECOGNITION OF MAKE A DIFFERENCE DAY
PROJECTS SUBMITTED TO ~RISING TO NEW
HEIGHTS"
Page 2 of 2 Pages
Participants: This event was sponsored by Fuel Mart, Inc., Jacob Restaurant Group, and Sarna's,
Inc. There were 15 members on the Together for Tara committee, and almost 30 volunteers the
night of the event. In addition, local businesses and individuals donated over 200 silent
auction items.
Ashlyn and Austin Altmeyer
Project: Ashlyn and Austin are a sister and brother team who helped their neighbor, Mr. Duffy,
clean out his gutters and they raked his yard. They also collected food for SACA.
Participants: Ashlyn and Austin Altmeyer
Participants have been contacted in advance to attend tonight's council meeting and to be
recognized by Ted Landwehr, President of ~Rising to New Heights".
COUNCIL ACTION:
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
OCTOBER 23, 2006
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The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October
23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg
Absent: Councilmember Williams
Rev. Janice Bornhoft, First Lutheran Church gave the invocation
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed public hearings for rental license revocation of 1204-1206 Cheery Lane and
abatement of 4015 Reservoir Boulevard.
Nawrocki requested to add discussion on the newsletter and activity center architectural study.
PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS - none
CONSENT AGENDA
Walt Fehst, City Manager, took Councilmembers through the consent agenda items.
Nawrocki requested to remove 5, 6, and 7.
1) Approve City Council Meeting Minutes for October 9.2006 regular City Council meeting
Motion to approve the minutes of the October 9,2006 regular City Council meeting as presented.
2) Establish the 2006 General Election Canvas for Friday. November 10. 2006 at 7:30 a.m.
Nawrocki indicated that Councilmembers should be contacted before special meetings are set.
Motion to establish the Canvass ofthe 2006 General Election results for Friday, November 10, 2006
beginning at 7:30 a.m. in the City Council Chambers.
3) Authorize the award of electrical service for Prestemon Park Athletic Field lighting
Motion to award the Prestemon Park Athletic Field lighting electrical service to Aid Electric in the
amount of $22,900 based upon their low, qualified, responsible bid with funds to be appropriated
from Fund 412-50607-5130; and, furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same.
4) Approve fund transfer - General Fund to Police Department Budget to reimburse Overtime fund.
Motion to transfer $1,587.46 received from Unique Thrift Stores, $775 received from I.C.C. Fun
Fest, and $275 received from the Anoka County Predatory Offender Sweep - a total of$2,637.46
from the General Fund to the Police Department 2006 budget under line #1020, Police overtime.
5) Adopt Resolution 2006-214. being a Resolution authorizing application for the Met Council Tax
Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park -
removed
City Council Minutes
October 23,2006
Page 2 of 30
6) Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated
soils and abatement of hazardous materials in the Industrial Park (Phase III) - removed
7) Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment
and Economic Development for a contamination Clean Up Grant and commitment of local match.
Removed
8) Approve the items listed for rental housing license applications
Motion to approve the items listed for rental housing license applications for October 23,2006.
9) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for October 23,2006 as
presented.
10) Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 118900 through 119070 in the amount of $614,138.38.
Nawrocki indicated one license is for the VFW. He has abstained in the past as he was an officer, but
is no longer an officer.
Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda with the exception of items
#5, 6, and 7. Upon vote: All ayes. Motion carried.
5. Adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax
Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park.
Nawrocki asked for an explanation of these items, how much additional we are applying for, and
what ProSource would get from this.
Randy Schumacher, Assistant Community Development Director, stated that the first grant is for
north of the old foundry site. It was not included in the Phase II funding. We will submit for
$148,000 for clean up ofthat one piece of property. Schumacher stated that the Honeywell grant is a
supplement to the original grant because of additional contamination that was not previously
detected. He explained the contamination clean up process. This grant would be for somewhere
between $400,000 and $500,000.
Nawrocki stated that Shafer Richardson was already paid for that property and it has been built on.
Schumacher stated that, per the original agreement, we make the contamination cleanup
applications.
Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-214, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-214, being a Resolution
authorizing application for the Met Council Tax Base Revitalization Account for a supplement
cleanup grant for Phase I of the Industrial Park.
Nawrocki questioned ifthe grant is not received, will the cost come from Tax Increment Financing
(TIF). Schumacher stated it would then be a Shafer Richardson cost.
City Council Minutes
October 23, 2006
Page 3 of 30
Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2006-214
AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT
WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives
Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to make application for funds
under the Tax Base Revitalization Account; and
WHEREAS the City has identified a clean-up project within the City that meets the Tax Base Revitalization account's
purpose/s and criteria; and
WHEREAS the City has the institutional, managerial and fmancial capability to ensure adequate project administration;
and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract
agreements; and
WHEREAS the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in
the Tax Base Revitalization Grant application submitted November 1, 2006.
BE IT FURTHER RESOLVED that ProSource Technologies, Inc. is hereby authorized to apply to the Metropolitan
Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to
implement the project on behalf of the applicant.
6. Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated
soils and abatement of hazardous materials in the Industrial Park (Phase III)
Schumacher stated that we received a $1,298,000 grant from the Met Council. We bid the project
with five bids received. This will include removal of hazardous material from the buildings and the
site. Shafer Richardson will develop this site with commercial business, an eight story high rise and
residential buildings.
Nawrocki questioned who owns the buildings now and when Council authorized bids for this
project. Schumacher stated Shafer Richardson owns it and this was just part of the agreement
process. Schumacher stated that the bids were just part of the process.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2006-215, there being
an ample amount of copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-215, a Resolution accepting the
low bid from Veit & Company Inc. for the building demolition, removal of contaminated soil and
the abatement/removal of hazardous materials in the Industrial Park (Phase III) in the amount of
$914,817.00. Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2006-215
RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND REMOVAL OF CONTAMINATED SOIL
IN THE INDUSTRIAL PARK (PHASE III), COLUMBIA HEIGHTS, MN
WHEREAS, pursuant to an advertisement for bids for the demolition of the GreifInc. building, the Steel Tech building,
and various out buildings in Phase III of the Industrial Park Redevelopment Plan; bids were received, opened and
tabulated according to law, and the following bids were received complying with the advertisement,
AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA:
1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid
amount of $914,817.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase III
area, according to the plans and specifications as outlined in the bid request dated October 9,2006 and on file in the
office of Community Development.
City Council Minutes
October 23, 2006
Page 4 of 30
The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids,
except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been
signed.
7. Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment
and Economic Development for a contamination Clean Up Grant and commitment of local match.
Fehst stated this is for the little parking lot north ofthe Phase II condos, which they were not aware
were to be part ofthe original clean up. Nawrocki asked if we do not get the money, who would be
responsible. Fehst stated it would be Shafer Richardson's responsibility.
Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-217, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-217, being a Resolution
approving application to MN Dept. of Employment and Economic Development for a contamination
Clean Up Grant and commitment oflocal match. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-217
CITY OF COLUMBIA HEIGHTS, MINNESOTA - RESOLUTION AUTHORIZING APPLICATION FOR
MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION
CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH
WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for
redevelopment of industrial area properties; and
WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and
environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further
deterioration and promote redevelopment of the industrial area; and
WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial
properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a
Response Action Plan (RAP) to the MPCA for cleanup; and
WHEREAS, the total legislative appropriation for this grant program for fiscal years 2006-07 is $4,362,000, and the
DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available
to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to
be repaid at a five-percent interest rate; and
NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination
Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October
23,2006, by the City of Columbia Heights for Phase IIA of the Industrial Park; and
BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination
Cleanup Grant Program to be submitted on November 1,2006, and that Walt R Fehst, City Manager, is hereby authorized
to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and
BE IT FURTHER RESOL YED that the City of Columbia Heights has the legal authority to apply for [mancial
assistance, and the institutional, managerial, and [mancial capability to ensure adequate project administration; and
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are
committed to the project identified; and
BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights,
City Council Minutes
October 23, 2006
Page 5 of 30
Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia
Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and
BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are
necessary to implement the project(s) on behalf of the applicant; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has
approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic
Development (DEED).
PUBLIC HEARINGS
A) 2nd Reading: Adopt Ordinance 1517, being a Zoning Amendment to the Zoning Code as it relates to
Swimming Pools and Portable Pools.
Nawrocki questioned the two different ordinances attached. Jeff Sargent, City Planner, stated one shows
the ordinance with changes and the second shows current code with highlighted changes.
Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1517, being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1517, being an ordinance amending
Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Upon vote: All
ayes. Motion carried.
Copy of this ordinance can be found at the end of this document.
B) 2nd Reading: Adopt Ordinance 1516, Zoning Amendment to the Zoning Code as it Relates to
Correctional Residential Care Facilities.
Fehst stated this is zoning for correctional residential care facilities, where concerns caused a
moratorium to be put in place. This ordinance would limit these facilities to Zone II and 12 and include
distance limits between such facilities.
Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1516, being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1516, being an ordinance amending
Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All
ayes. Motion carried.
Diehm asked when the first reading of this ordinance was. Patty Muscovitz, Deputy City Clerk,
indicated that the first reading was at the last City Council meeting.
Copy of this ordinance can be found at the end of this document.
C) Adopt Resolution No. 2006-208, being a Resolution for Rental Housing License Revocation at 4244
Washington Street N.E.
Fire Chief Gary Gorman indicated this revocation was for failure to schedule an inspection and submit
fees.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-208, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
City Council Minutes
October 23, 2006
Page 6 of 30
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-208, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) of the rental license held by Scott Barrett regarding rental property at
4244 Washington Street N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-208
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) of that certain residential rental license held by Scott Barrett (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4244 Washington Street NE, Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and
reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public
hearing to be held on October 23,2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
I. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license
the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records.
2. That on October 3, 2006, inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Failure to re-license the rental license for the property, failure to submit the
application and the fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F7429 is hereby
revoked,
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
D) Adopt Resolution No. 2006-209, being a Resolution for Rental Housing License Revocation at 660-662
4712 Avenue N.E.
Gorman stated this is one of several properties owned by this person that they have walked away
from and is in the process of foreclosure. There is a party interested in buying the property.
Revocation is for failure to schedule a renewal inspection.
Nawrocki questioned what would happen to the renters. Gorman stated that the property would be
posted and following 60 days they will not be allowed to live there. If the bank takes over, they will
also be evicted. Gorman indicated it would be best if the property were purchased before it goes
back to the bank.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-209, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
City Council Minutes
October 23, 2006
Page 7 of 30
Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-209, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) of the rental license held by Christopher and Tracy Decker regarding
rental property at 660-662 47-112 Avenue N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-209
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter
"License Holder").
Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue NE, Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and
reasons for the proposed Council action contained herein was given to the License Holder on September 27, 2006 of an
public hearing to be held on October 23, 2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about July 15,2006, inspection office staff sent a letter requesting the owner of the property to re-license the
rental property. The letter was mailed by regular mail to the owner at the address listed in the property records.
2. That on September 27, 2006, inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Failure to schedule a license renewal inspection for the interior of the
building/rental units.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F7819B is hereby
revoked,
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
E) Adopt Resolution No. 2006-210, being a Resolution for Rental Housing License Revocation at 1204-
1206 Cheery Lane N.E. - removed
F) Adopt Resolution No. 2006-211, being a Resolution for Rental Housing License Revocation at 1211-
1213 Cheery Lane N.E.
Gorman stated the licensing paper work has been completed, but the fees have not been paid.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-211, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-211, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1211-
1213 Cheery Lane N.E. as amended to remove 3A. Upon vote: All ayes. Motion carried.
City Council Minutes
October 23, 2006
Page 8 of 30
RESOLUTION 2006-211
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and
reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public
hearing to be held on October 23,2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-
license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on October 3, 2006, inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's
Residential Maintenance Code were found to exist, to-wit: Failure to schedule a license renewal inspection for the
interior of the building/rental units, Failure to submit a rental license renewal application and required fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F7428 is hereby
revoked,
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
G) Adopt Resolution No. 2006-212, being a Resolution for Rental Housing License Revocation at 4544
Fillmore Street N .E.
Gorman stated the inspection is complete, but the owner failed to submit the application and the
fees.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-212, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-212, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5AA08(A) of the rental license held by Kyle Smith regarding rental property at 4544
Fillmore Street N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-212
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Kyle Smith (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4544 Fillmore Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and
City Council Minutes
October 23, 2006
Page 9 of 30
reasons for the proposed Council action contained herein was given to the License Holder on October 2, 2006 of an public
hearing to be held on October 23,2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about September 18, 2006, inspection office staff sent a letter requesting the owner of the property to license the
rental property. The letter was mailed by regular mail to the owner at the address listed in the property records.
2. That on October 2,2006, inspection office staff reviewed the property file and noted that the property remained unlicensed.
A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to-wit: Failure to submit a rental license renewal application and required fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number U4544 is hereby
revoked,
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking
the license as held by License Holder.
H) Adopt Resolution No. 2006-213, being a Resolution for Rental Housing License Revocation at 4642
Taylor Street N.E.
Gorman listed violations inside and outside on the property.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-213, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-213, Resolution 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 license held by Becky Xiong regarding rental property at
4642 Taylor Street N.E. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-213
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A,
Article IV, Section 5A.408(A) of that certain residential rental license held by Becky Xiong (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4642 Taylor Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and
reasons for the proposed Council action contained herein was given to the License Holder on September 20, 2006 of an
public hearing to be held on October 23,2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on August 15, 2006, inspectors for the City of Columbia Heights, inspected the property described above and
noted six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed
on the Rental Housing License Application.
2. That on September 20, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted six
violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the
City Council Minutes
October 23, 2006
Page 10 of30
rental housing license application.
3. That on October 16, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property
and noted five violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the
address listed on the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's
Residential Maintenance Code were found to exist, to-wit Failure to correct RMC violations. The violations are as
follows; Downstairs, Shall remove the sheetrock in the southeast corner bedroom and remove the mold from the structure,
Downstairs, Shall replace the removed sheetrock in the southeast corner bedroom, Shall paint the sheetrock, Outside, Shall
correct the drainage problem in the front. Water is entering the structure and causing mold. Shall install downspouts on
the structure, Shall remove the scrub growth from all around the property, Shall remove all/any outside storage from the
property. Items include, But not limited to: Miscellaneous junk behind the garage.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F7574 is hereby
revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder.
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
I) Adopt Resolution No. 2006-192, being a Resolution for abatement of violations at 4228 5th Street
Gorman stated this rental property was vacant, but has violations requiring abatement.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-192, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-192, a resolution ofthe City
Council of the City of Columbia Heights declaring the property at 4228 5th Street N.E. a nuisance and
approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-192
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Robert Barron (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4228 5th Street N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
14,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 30, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 14, 2006, inspectors reinspected the property listed above. Inspectors noted that four violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16,2006, inspectors reinspected the property and found that four violations remained uncorrected.
City Council Minutes
October 23, 2006
Page 1101'30
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall remove any/all scrub growth from around the house and around the garage, Shall repair the siding
on the garage on the south side, Shall scrape and paint the trim on the house and the garage, Shall remove stump on north
side of property near the alley. Must be ground down to 6 inches below grade then filled in.
4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4228 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4228 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
J) Adopt Resolution No. 2006-193, being a Resolution for abatement of violations at 233 42nd Avenue
Gorman stated the western 45 feet of this property is still owned by the previous owner of this
address. It is a landlocked piece of property. Violations are on this strip of property. Gorman
indicated the property on a map.
Diehm asked if the resolution should to be more specific to the property. Gorman stated the name
listed is the owner of the property strip. Jim Hoeft, City Attorney, indicated this property should be
listed by the PIN Number 35-30-24-23-0161.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-193, with the address being replaced with the property identification number,
there being ample copies available to the public. Upon vote: All Ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-193, a resolution of the City
Council ofthe City of Columbia Heights declaring the property at 35-30-24-23-0161, a nuisance and
approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
Nawrocki referred to the poorly kept area adjacent to this. Gorman stated that area is due for inspection
shortly. Nawrocki referred to 4242 3rd Street where there was a complaint of an open dumpster. Fehst
stated he is not sure that the ordinance requires them to be closed. Nawrocki stated that they should be
closed.
Nawrocki stated that at the comer of 44th and 3rd Street, the twin home has been under construction for a
long period of time and questioned when it would be finished.
RESOLUTION 2006-193
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gary Dungey (Hereinafter
"Owner of Record").
Whereas, the owner ofrecord is the legal owner of the real property located at PIN 35-30-24-23-0161. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes
City Council Minutes
October 23, 2006
Page 12 of30
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
14,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on October 12, 2005 an inspection was conducted on the property listed above. Inspectors found one violation. A
compliance order was sent via regular mail to the owner at the address.
2. That on October 21,2005, inspectors re-inspected the property listed above. Inspectors noted that one violation remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records. At that time, an extension was requested and granted until September 14, 2006
3. That on September 14, 2006, inspectors reinspected the property and found that one violation remained uncorrected.
4. That on October 16, 2006 inspectors re-inspected the property and found that one violation remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove any/all dead trees and remove their stumps to below ground level.
6 . That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at PIN 35-30-24-23-0161. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at PIN 35-30-24-23-0161 constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
K) Adopt Resolution No. 2006-194, being a Resolution for abatement of violations at 3853 Central Avenue
Gorman stated that only peeling paint removal has not been completed at this time.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-194, there being ample copies available to the public, with the removal of item
A. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-194, a resolution ofthe City
Council ofthe City of Columbia Heights declaring the property at 3853 Central Avenue N.E. a nuisance
and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-194
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by FC Celtic LLC (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3853 Central Ave N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
28,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
City Council Minutes
October 23, 2006
Page 13 of30
FINDINGS OF FACT
1. That on August 18,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall scrape and paint house where it is peeling.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3853 Central Ave N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 3853 Central Ave N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
L) Adopt Resolution No. 2006-195, being a Resolution for abatement of violations at 3713 Quincy Street
Gorman stated there are two violations regarding painting. The outdoor storage has been removed.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-195, with item B removed, there being ample copies available to the public.
Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-195, a resolution of the City
Council of the City of Columbia Heights declaring the property at 3713 Quincy Street N.E. a nuisance
and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-195
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Rory B. Franzen
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3713 Quincy St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
28,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
City Council Minutes
October 23,2006
Page 14 of30
2. That on September 22, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall repair holes in overhead garage doors and paint doors, Shall remove any/all outside storage from the
property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; Tires from along side garage
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3713 Quincy St N.E. is in violation of the provisions of the Columbia Heights City Code as set
forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 3713 Quincy St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
M) Adopt Resolution No. 2006-196, being a Resolution for abatement of violations at 666 40th Avenue
Gorman stated this is the old dental lab property. Violations still remain outside on the property.
Address numbers have been completed.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-196, with the removal of building numbers, there being ample copies available
to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-196, a resolution ofthe City
Council of the City of Columbia Heights declaring the property at 666 40th Avenue N.E. a nuisance and
approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-196
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael J Thoennes DDS
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 666 40th Ave N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
21,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 10, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 21,2006 inspectors re-inspected the property listed above. Inspectors noted that six violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16,2006, inspectors reinspected the property and found that six violations remained uncorrected.
City Council Minutes
October 23, 2006
Page 15 of30
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove all downed tree branches in the back yard, Shall remove branches from roof of structure, Shall
remove all brush piles from the back yard, Shall clean out all gutters, Shall cut down any/all scrub growth from NE comer of
building.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 666 40th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set
forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 666 40th Ave N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
N) Adopt Resolution No. 2006-197, being a Resolution for abatement of violations at 1401-1403 Parkview
Lane
Gorman stated the property has been vacant for 1.5 years. The last mailings sent were returned.
There are many violations on the property that have not been touched.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-197, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-197, a resolution of the City
Council ofthe City of Columbia Heights declaring the property at 1401-1403 Parkview Lane N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-197
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia
Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
20,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found ten violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 20, 2006, inspectors reinspected the property listed above. Inspectors noted that ten violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16,2006, inspectors reinspected the property and found that ten violations remained uncorrected.
City Council Minutes
October 23,2006
Page 16 of30
4 .That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove the scrub growth from the property, Shall scrape and paint the trim on the house, Shall repair
the loose handrail in front, Shall replace the missing front storm door, Shall repair all windows and screens that are damaged,
Shall repair the handrail on the 1403 side, in the rear, Shall cut and remove all/any long grass and weeds from the property,
Shall repair the damaged stucco on the west side of 1401, Shall repair or replace the shingles on the shed in back, Shall paint
the shed in back.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner ofrecord, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
0) Adopt Resolution No. 2006-198, being a Resolution for abatement of violations at 1401-1403 Parkview
Lane
Gorman stated that there was a broken window on the 1401 side and when we were not able to
contact the owner, an immediate abatement was ordered.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-198, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-198, a resolution of the City
Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes.
Motion carried.
RESOLUTION 2006-198
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia
Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6,
2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
I. That on August 15, 2006 an inspection was conducted on the property listed above. Inspectors found one violation that
needed immediate correction. The Fire Chief called the phone number on file and left a message ordering that the 1401 side
be secured.
City Council Minutes
October 23, 2006
Page 17 ono
2. That on August 29,2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained
uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. On August 30, 2006 an approved City
of Columbia Heights contractor performed the immediate abatement and boarded up the broken window.
3. That on August 39, 2006 and October 6,2006, notices were sent to the owner via regular mail at the address listed on file.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall immediately repair the broken window in the door of the 1401 side.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
P) Adopt Resolution No. 2006-199, being a Resolution for abatement of violations at 623 37th Avenue
Gorman stated that staff belief this property is vacant, with three violations cited.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-199, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-199, a resolution of the City
Council of the City of Columbia Heights declaring the property at 623 37th Avenue N.E. a nuisance and
approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-199
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jennifer Hughes
(Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 623 37th Ave N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
22,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 22, 2006 inspectors re-inspected the property listed above. Inspectors noted that three violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected.
City Council Minutes
October 23, 2006
Page 18 of30
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall install address numbers on the garage, Shall remove all scrub growth along the house and garage, Shall
replace rotted and missing siding and fascia board on the garage and paint garage.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
l. That the property located at 623 37th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set
forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
l. The property located at 623 37th Ave N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Q) Adopt Resolution No. 2006-200, being a Resolution for abatement of violations at 1412 Parkview Lane
Gorman stated that two violations have been corrected, but the missing trim has not been corrected.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-200, including only missing trim, there being ample copies available to the
public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-200, a resolution of the City
Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes.
Motion carried.
RESOLUTION 2006-200
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Edith Johnson (Hereinafter
"Owner of Record").
Whereas, the owner ofrecord is the legal owner of the real property located at 1412 Parkview Lane N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
20,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 20,2006 inspectors re-inspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16,2006, inspectors reinspected the property and found that one violation remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall replace missing trim on the front of the house.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
City Council Minutes
October 23, 2006
Page 19 of30
CONCLUSIONS OF COUNCIL
1. That the property located at 1412 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code
as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 1412 Parkview Lane N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
R) Adopt Resolution No. 2006-201, being a Resolution for abatement of violations at 4701 University
Avenue
Gorman indicated there are three violations on the property, with the belief that the property is
vacant.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-201, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-201, a resolution of the City
Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes.
Motion carried.
RESOLUTION 2006-201
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Juliet Kaweesa (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4701 University Ave N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
28,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 23,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that three violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove large tree stump from yard, Shall install address numbers on the rear of the property, Shall
repair/replace the missing/damaged siding on the garage.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
City Council Minutes
October 23, 2006
Page 20 of 30
1. That the property located at 4701 University Ave N.E. is in violation of the provisions of the Columbia Heights City Code
as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4701 University Ave N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
S) Adopt Resolution No. 2006-202, being a Resolution for abatement of violations at 4015 Reservoir
Boulevard Removed
T) Adopt Resolution No. 2006-203, being a Resolution for abatement of violations at 4338 2nd Street
Gorman stated there is one violation on the property at this time. There have been other violations
that the building official has been involved in. This property is also believed to be vacant.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-203, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-203, a resolution of the City
Council of the City of Columbia Heights declaring the property at 4338 2nd Street N.E. a nuisance and
approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
Nawrocki stated that we have assessed people for street work in this area, but the work is not complete.
RESOLUTION 2006-203
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Gorman (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4338 2nd St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
27,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 27,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records.
3. That on October 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove large brush pile from the property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
City Council Minutes
October 23, 2006
Page 21 of30
CONCLUSIONS OF COUNCIL
1. That the property located at 4338 2nd St N.E. is in violation of the provisions of the Columbia Heights City Code as set
forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4338 2nd St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
U) Adopt Resolution No. 2006-204, being a Resolution for abatement of violations at 4208 Jackson Street
Gorman stated there is a large tree stump in the rear of the property.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-204, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-204, a resolution ofthe
City Council ofthe City of Columbia Heights declaring the property at 4208 Jackson Street N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-204
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Scott Anderson (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4208 Jackson St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
21,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records. An extension was requested and granted.
3. That on September 21,2006, inspectors reinspected the property and found that two violations remained uncorrected.
4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove the dead tree (tree stump) in the rear of the property to within 2-4 inches below the ground
level.
6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4208 Jackson St N.E. is in violation of the provisions of the Columbia Heights City Code as
City Council Minutes
October 23, 2006
Page 22 of 30
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4208 Jackson St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
V) Adopt Resolution No. 2006-205, being a Resolution for abatement of violations at 4201 Van Buren
Street
Gorman stated there is one violation of outdoor debris.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-205, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-205, a resolution ofthe City
Council of the City of Columbia Heights declaring the property at 4201 Van Buren Street N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206.
Diehm asked for a clarification of violations on the property. Gorman showed her a photo.
Upon vote: All ayes. Motion carried.
RESOLUTION 2006-205
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Laura Aguilar (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4201 Van Buren St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
21,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records. An extension was requested and granted.
3. That on September 21,2006, inspectors reinspected the property and found that one violation remained uncorrected.
That on October 16,2006, inspectors re-inspected the property and found that one violation remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove area of bricks and garbage by the alley and shall sod/seed/landscape area.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
City Council Minutes
October 23, 2006
Page 23 of 30
1. That the property located at 4201 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4201 Van Buren St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
W) Adopt Resolution No. 2006-206, being a Resolution for abatement of violations at 4207 Van Buren
Street
Gorman stated there is a double tub in the back with grass and weeds. Nawrocki questioned if the
tube was put out with the garbage if it would it be picked up. Gorman stated that if it were broken up
the hauler could take it. Fehst stated that the hauler can not remove an item this heavy.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution No. 2006-206, there being ample copies available to the public. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-206, a resolution ofthe City
Council of the City of Columbia Heights declaring the property at 4207 Van Buren Street N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-206
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Oued Sota(Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4207 Van Buren St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
21,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 6,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records. An extension was requested and granted.
3. That on September 21,2006, inspectors reinspected the property and found that one violation remained uncorrected.
4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove the concrete wash sink from the property.
6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
City Council Minutes
October 23, 2006
Page 24 of 30
CONCLUSIONS OF COUNCIL
1. That the property located at 4207 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3.That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4207 VanBuren St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
X) Adopt Resolution No. 2006-207, being a Resolution for abatement of violations at 3922 Van Buren
Street
Gorman stated this property has one outside storage violation remaining. He stated the frustration of
staff, as this violation would only require putting a tire and some plastic in the garage. Fehst stated
that we take tires at the recycling center on Saturdays from 9 a.m. to 1 p.m. Gorman stated that the
owners were giving this information. The wheelbarrow has been removed.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-207, with the removal of the wheelbarrow, there being ample copies available
to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-207, a resolution of the City
Council of the City of Columbia Heights declaring the property at 3922 Van Buren Street N.E. a
nuisance and approving the abatement of violations from the property pursuant to City Code section
8.206. Upon vote: All ayes. Motion carried.
RESOLUTION 2006-207
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jeffery Droll(Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3922 Van Buren St N.E. Columbia Heights,
Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September
21,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 21,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation
remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the
property records. An extension was requested and granted.
3. That on October 16, 2006, inspectors reinspected the property and found that one violation remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall remove any/all outside storage including but not limited to; Tire, Plastic.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
City Council Minutes
October 23, 2006
Page 25 of 30
CONCLUSIONS OF COUNCIL
1. That the property located at 3922 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3.That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 3922 Van Buren St N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Y) Adopt Resolution No. 2006-216, being a Resolution for abatement of violations at 4625 Tyler Street
Unit #8
Gorman stated this relates to the rental license revocation with sewer backup in unit #8. We had
someone fix the items and a cleaning company handle major mold issues in the basement and removal
of the main floor carpeting due to mold. Personal items of the tenant that were in the basement were
removed and are currently trying to be salvaged. We have not had recent contact with the owner. Units
in this building have been posted as uninhabitable and the water has been turned off. The outside area
was also cleaned up. Tenants are slowly leaving the building. Peterson suggested relocation of the
remaining residents. Gorman indicated the resources recommended to the residents. Peterson suggested
we contact the Salvation Army. Hoeft stated that anyone remaining is probably not paying rent and
wants to stay.
Deb Johnson, 4626 Pierce Street, commended the Fire Chief on these hearings, as they are long past
due. It is good that people are required to take care of their property. She asked how the properties are
cleaned and how long it takes. Gorman stated that on small abatements the Fire Department does the
work and on larger jobs contractors are hired. Gorman stated that ten abatements from two council
meetings ago are ready for the contractor. It takes time to obtain administrative search warrants and to
meet with the contractor. Johnson pointed out that the names for license revocation are on the agenda,
but not for the abatements. Gorman stated the names are on the resolution.
Mayor Peterson asked if anyone was present to address this item. There was not.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2006-216, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-216, a resolution of the City
Council ofthe City of Columbia Heights declaring the property at 4625 Tyler Street Unit #8 a nuisance
and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon
vote: All ayes. Motion carried.
RESOLUTION 2006-216
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement
of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street N.E., Unit #8, Columbia
Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes
and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6,
2006
City Council Minutes
October 23, 2006
Page 26 of 30
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the
City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found two violations that
needed immediate correction. A compliance order was sent via regular mail to the owner at the address.
2. That on August 23,2006, the City of Columbia Heights Building Official inspected the property inspected the unit after
being notified of the conditions by the Fire Department. The Building Official declared the unit uninhabitable. The Building
Official posted the unit as such and notified the tenants and the owner.
3. That on September 7,2006 after receiving no response from the building owner the Fire Chief ordered an immediate
abatement and a contractor was hired and work to correct the issues began on September 7, 2006.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found
to exist, to wit: Shall repair the drains in the property that are repeatedly backing up and causing flooding in the unit. Shall
have a professional check the drains in the unit and provide the City with a report detailing their repair and shall properly
remove all water and/or moisture from the basement. Shall properly clean and sanitize the basement of all/any water or mold
damage in the basement.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this
hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4625 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant
to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be,
have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
ITEMS FOR CONSIDERATION
Other Business
1) Newsletter concerns
Nawrocki stated the newsletter would not come out until after the election. This could have been
used to publish an article about the Charter amendment. We were critical of the Charter Commission
for missing the opportunity to use the water bills to send out information, but then we don't use the
newsletter. On the budget article items were left off and made rosy. The budget information is
incomplete. There is a chart from the Anoka County Union with proposed increases from 15
communities in Anoka County and we have the low indicated increase, but it does not say that we
have the sixth highest total property tax rate. It does not talk about the water, sewer and storm sewer
increase or the street assessments.
2) Activity Center
Nawrocki stated that Council was told city staffhas hired an architect regarding locations of an
activity center. He stated that there should be competitive bids. It should not be assumed they would
be used throughout the entire project. Nawrocki referred to reserve funds used for consultant fees
and his assumption that is where the architect fees would come from.
ADMINISTRATIVE REPORTS
Report of the City Manager
. Good article in October 25 Northeaster on what we need to do to maintain our housing stock and
the improvement to our city. He referred to increased property values.
. Thanked Ms. Johnson for her positive comments regarding nuisance abatement.
. The Minneapolis City Council will host a "meet your neighbors" on November 29th at the
downtown library. All inner ring suburbs will be invited.
City Council Minutes
October 23, 2006
Page 27 of 30
. The Library budget meeting will be at 6:30 p.m. on Wednesday at Murzyn Hall and the
Recreation budget will be presented at 7:00 p.m.
Nawrocki
. Questioned the times of the budget meetings. Concerned with time spent on the power point
presentation there will not be time to go into the budget details.
. We have not completed the road repairs, but we have assessed residents. When will it be done?
Fehst stated he wouldforvvard that information.
. 5151 and University - they picked up the tires and put them on a truck, but the truck is still on the
property and the fence has not been fixed. What are we doing about it? Fehst stated they have
reduced the number of cars and are working with us. They continue to be cited for violations.
. Savers outside storage needs to be removed and the fire lane cleared. Fehst stated that staff
would look into this.
. 3841 3rd Street is being cleaned up a little, but has more work to do. Fehst stated that staffwill
follow up on this.
. 43rd and Central- restaurant property is a mess. Fehst gave the background on the property and
stated that we do not have a commercial maintenance code at this time. If there are health
concerns, we can force the issue.
. Wagamons lot has several cars, some without current license plates. Fehst stated that the police
have been notified to tag such cars and Wagamons have been not~fied.
. We used to get a Friday report on these issues, but do not receive it anymore. Fehst stated it was
not needed for one week.
Report of the City Attorney - none
CITIZENS FORUM
Deb Johnson, 4626 Pierce, asked ifthe green sheet is public information. Fehst stated it is an internal
document available at the library. Johnson suggested placing it on the web site.
COUNCIL CORNER
Kelzenberg
. Read a police item from the green sheet to show a sample of what our officers do. Most problems are
in Grid 8 and that is why we want to clean up that area.
. There is a campaign going on right now for enforcement of seat belt use.
Peterson
. Suggested additional police patrol funds continue throughout the winter. It can be discussed in the
budget process.
. Sister City Committee fund raising dinner was a great success. They raised about $5,500 for the
children's hospital in Lomianki. This was noticed in a national publication.
. Appreciate our service men and women. We just lost a serviceman from Beardsly, MN. No matter
your opinion on the war, support our troops.
. The General Election is November 7. Encouraged everyone to get out and vote.
Diehm
. Attended the Crest View Gala and Parkview Villa bazaar. They were great events.
. The Fire Department did an excellent job on their open house last Saturday.
. Value for the month is non-violence.
. Make a Difference Day is coming up - take time to do a kindness for someone.
. November 2 there will be a play at Highland Elementary School
City Council Minutes
October 23, 2006
Page 28 of 30
. Halloween is coming up; pay attention to kids out trick or treating.
. The General Election is coming up; regardless of your political view, get out to vote.
Nawrocki
. Regarding the activity center study - some people make it sound like we don't have an activity
center, but we have had one since 1938. Visited Murzyn Hall last Thursday night and the rooms
were all being used.
. Attended the quarterly meeting ofthe Suburban Rate Authority. At their annual meeting on January
17 representatives from Xcel will be present. Asked that Xcel personnel that handle service calls be
present.
. League of MN Cities - serving on the revenue committee that is developing policies for the coming
year. Copy of the draft of policies is available to borrow.
. Fire Department Open House was a great event, with things for young and old to do. The CERT
group was there. Encouraged residents to sign up.
Peterson
. Attended the Fire Department Open House and viewed a chest compressor they have on loan. After
two minutes a person is ineffective in giving CPR and this piece of equipment would be a great
thing. Stated he put on the firefighter boots, jacket, pants, and hat. When he just walked across the
room he was exhausted. How they save people and buildings in this heavy equipment is amazing.
Indicated respect for the jobs of police officers and firefighters.
. Referred to an even that Keith Roberts will sing at.
. Don't take yourselves too seriously; do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:47 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
ORDINANCE NO. 1517
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS
AND PORTABLE POOLS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows:
~ 9.103 DEFINITIONS.
SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of3.5 feet
or a capacity ofless than 3,000 gallons of water.
Chapter 9, Article I, Section 9.106 (C)( 4) of the Columbia Heights City Code, is thereby amended to read as follows:
~ 9.106 GENERAL DEVELOPMENT STANDARDS.
(C) Accessory uses and structures
(4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational
facilities are subject to the following standards:
(a) The facility in not operated as a business or private club.
(b) The facility is not located within any required front or side yard.
(c) The facility is set back at least five feet from any property line, including any walks, paved areas or related
structures or equipment.
(d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable
wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured
City Council Minutes
October 23, 2006
Page 29 ono
with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or
accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that
are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access
by children, including the removal of all ladders or stairs whenever the pool is not in use.
(e) For in-ground pools, the pool is set back at least six feet from the principal structure.
(t) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front
yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot
tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally
sound enough to support the bearing load of the hot tub.
(g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front
yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or
other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the
pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar
year.
(h) Lighting shall be so oriented so as not to cast light on adjacent properties.
(i) The facility shall not be located within any drainage or utility easement.
(j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an
adjacent lot.
(k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall
require a building permit from the city.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
ORDINANCE NO. 1516
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I-I, LIGHT
INDUSTRIAL DISTRICT AND THE 1-2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows:
~ 9.103 DEFINITIONS.
RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly
provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and
treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are
licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes,
schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for
licensure by the Minnesota Department of Corrections.
Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is thereby amended to read as follows:
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific Development Standards. The following uses are subject to specific development standards:
(37) Residential care facility, correctional.
(a) The use shall be located at least \4 mile (1,320 feet) from all existing residential care facilities and correctional
residential care facilities, regardless of the licensing status of such facilities measured from property line to property line.
(b) The use shall only be located in the I-I, Light Industrial District and the 1-2, General Industrial District parcels
throughout the City.
(c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure.
(d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of300
square feet for each resident over two. The maximum number of residents shall not exceed four (4).
(e) On-site services shall be for residents of the facility only.
(f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is
located.
(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and
character of the surroundings, and exterior building materials shall be compatible with other buildings in the
neighborhood.
(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and
other site improvements consistent with the character if the neighborhood.
(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of
Minnesota.
City Council Minutes
October 23, 2006
Page 30 of 30
(j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be
required.
Chapter 9, Article I, Section 9.111 (D)(3) of the Columbia Heights City Code, Is thereby amended to read as follows:
~ 9.111 INDUSTRIAL DISTRICTS.
(D) I-I, Light Industrial District.
(3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light
Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the
regulations for specific uses set forth in ~ 9.107, Specific Development Standards.
(a) Caretaker's residence.
(b) Outdoor sales and/or display.
(c) Outdoor storage.
(d) Parking ramp.
( e) Concrete, asphalt or rock crushing operation.
(f) Salvage operation/transfer station.
(g) Adult entertainment use.
(h) State licensed residential care facility, correctional.
Chapter 9, Article I, Section 9.111 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows:
~ 9.111 INDUSTRIAL DISTRICTS.
(E) 1-2, General Industrial District.
(3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General
Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the
regulations for specific uses set forth in ~ 9.107, Specific Development Standards.
(a) Caretaker's residence.
(b) Outdoor sales and/or display.
(c) Outdoor storage.
(d) Parking ramp.
(e) Concrete, asphalt or rock crushing operation.
(f) Salvage operation/transfer station.
(g) Adult entertainment use.
(h) State licensed residential care facility, correctional.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF JULY 25, 2006
5,4.a)o.)
Call to Order - The Regular Meeting of the Columbia Heights Housing &
Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at
7:28 p.m., July 25, 2006, in the Parkview Villa Community Room B, 965 40th Avenue
NE, Columbia Heights, Minnesota.
Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr.,
Patricia Jindra, and Bruce Kelzenberg
Pledge of Allegiance
CONSENT AGENDA
Approve the Minutes of April 25, 2006 Regular Meeting and Financial Report for the
months of April, May and June 2006, Resolution 2006-05.
Nawrocki asked on page 1, under investment revenue, how does it work. Lindig stated the
investment income is managed by the City advisors and once a year the City finance
department informs them what the investment performance was and what share of that
investment income is for Parkview Villa South.
Nawrocki stated in both the north and south supplies you talked about a need to correct
some errors in the way some invoices were coded to various expense categories, can you
tell me a little about that. Lindig stated when he was going through his review after the first
quarter, he noticed a fair amount of expenses that should have been maintenance and
construction that were coded to general supplies and vise a versa, so he made corrections.
Nawrocki asked about the City of Columbia Heights billing. Lindig stated it is the water bill
and labor transfer for bob and Cher's time for their work performed for Parkview Villa north
and south. Nawrocki said, frankly he felt it was another way to make the budget look better
by tapping revenue, when we are paying Walker a hundred and some thousand for
management. Streetar stated the City has a contract with the HRA and in that contract it
states the City will recover its labor costs, which doesn't include the copier paper costs and
other costs. Nawrocki stated he would like a better breakdown of how he is coming up with
that labor cost. Streetar stated on the form b that each department fills out it is the hourly
rate and fringe, the City specifically decides how we are going to arrive at that amount.
Cher and I have a pretty good idea of how much time we spend working on items for
Parkview Villa. For example, recently we spent approximately 15 to 20 hours working on
Davis Bacon issues and HUD monitoring.
Motion by Williams, second by Kelzenberg, to approve the consent agenda Items #4 and
#5 as listed. All ayes. Motion Carried.
BUSINESS ITEMS
Housing & Redevelopment Authority Minutes
July 25,2006
Page 2 of 10
Report of Management Company
Todd Kline stated he is assuming the role of Lisa Toms and if the board has any questions
on the report, for the months of April, Mayor June he would be happy to answer them.
Nawrocki stated in the May report you talk about using staff and saving approximately
$8,000, how much did we anticipate spending for this and has the work been done yet.
Kline stated they originally were going to do the work themselves with our maintenance
person, but they will be going out for bids instead, using outside contractors and that he
wasn't aware where that amount came from.
Jindra stated at the resident council meeting it was stated we didn't have the expertise or
equipment to do it. Kline stated that was true. Diehm stated the $8,000 was maybe an
estimated amount.
Streetar stated in the capital improvement plan for the south building which was from 2004
it says painting the common areas and windows was estimated to be $11,000. So that is
probably between $15 and $18,000 today. Paint for the interior garage was $9,000. That
was the two painting items in the capital improvements plan.
Resident Council Minutes
Jindra asked the board if there were any questions. There were none.
Citizen Forum
Resident Ron Peters, Unit 414 stated Dana isn't here to defend herself, they transferred
from apartment 423 to 414, Dana swore up and down the unit would be clean, he has
pictures he took, which show where they had to clean. Their old apartment was just fine
except for the Star Bar noise and that they still had to pay the $400 to move into the new
unit. Ecklund Jr. stated he had a meeting with the Peters and Dana, which determined
there was some things that came out of the meeting and felt they should be reimbursed for
half of the money. Mrs. Peters provided Chair Diehm with pictures of the apartment.
Nawrocki stated regarding the Star Bar, he has talked to the Police Department who stated
that part of their operation is going to be removed and the discount store would be moving
into that space.
Motion by Williams, second by Ecklund Jr. to give the Peters a refund of $200 of the
move in fees. All ayes. Motion Carried.
Resident, Dorothy Schafer, Unit 425, asked why do they have to pay the $425 to move
internally. Diehm stated we had to administer a program for internal moves, which is for
the cleaning, painting, etc. to get the unit ready. Schafer stated that is too much. Jindra
stated it was because people were moving around the building so often and it was costing
us money and staff time.
Housing & Redevelopment Authority Minutes
July 25, 2006
Page 3 of 10
Nawrocki stated whenever you move you should be able to move into a clean unit, normal
wear and tear you shouldn't be responsible for and when you move out you would have to
do some cleaning.
Schafer stated that the stove and refrigerator goes with her each time she has moved.
Nawrocki stated he has never heard of that. Diehm stated with the new modernization of
apartments we wouldn't be able to do that.
Resident, Jan Honeyford, Unit 205 asked if has a building plumbing problem been brought
up in the past, as she had laundry soap come up in her sink, it has happened in the past,
she can't do anything in the sink, it has an odor, she has been here almost a year, this is
the first day in five days that this hasn't backed up, she hasn't filed a work order as the first
time she did Dana stated that happens all of the time. Kline stated he would appreciate it
when this happens that she fills out a work order. Streetar stated he used to be a plumber,
the drain you can put the stopper in a lock position, as a temporary fix until a plumber
comes.
Resident, Vivian Fahey Unit 225, has the same problem, has lived here for about two
years, Terry came and cleaned the drain from her apartment down to the first floor, but, he
wasn't sure where it was coming from. Diehm asked if she was near the laundry room.
Fahey stated she wasn't.
Resident, Renie Suftka unit 104 stated she has lived there forever, they have tried
everything, blown out the pipes, which worked for a while, has heard because they don't
have a basement that there is only one pipe for all of the drains to run into and that is the
problem. Diehm stated we would ask for an update on this from management.
Ecklund stated Honeyford said she had written this issue up, and said that he has written
up items also, but would like to get a response from staff as to when they are going to be
able to do the work. Diehm asked Kline if there was a policy for this. Kline stated he
wasn't sure, but would check into it. Resident, Unit 123, stated she has the same problem.
Diehm stated she hoped the residents understand that is why we have a member taking
minutes at the resident council meetings, and that they should feel free to talk to her before
the meetings.
Set Public Hearing for the 2007 PHA Plan
Lindig stated as part of the HUD requirements we have to submit a PHA plan, which has to
be approved by the Board, one of the requires is that a public hearing be published 45
days in advance and would like to have the board approve conducting the public hearing
for October 24th.
Motion by Nawrocki, second by Williams, to set a Public Hearing date of Tuesday, October
24, 2006, at 7:00 pm at Parkview Villa for the purpose of receiving public input on the 2006
Public Housing Authority (PHA) Plan. All ayes. Motion Carried.
Housing & Redevelopment Authority Minutes
July 25, 2006
Page 4 of 10
ih Floor Modernization
Kline stated this is in line with the other modernization project plans, we are asking that the
board approves the contract with Unicorp using all of the remaining 2004 Capital
Improvement Funds before the September deadline. Diehm stated this would include new
entry doors, kitchen cabinets, appliances, lighting, countertops, bathroom vanities, kitchen
and bathroom faucets, and would also include new carpet in the main hallways of the floor.
Nawrocki stated the estimate is $11,000, which is $2,000 over the other floors. Lindig
stated the $11,000 per unit included all of the repairs on the ih floor and going back to the
8th and 9th floors to install new medicine cabinets and faucets.
Diehm stated she has heard good comments from the residents that have already received
this. Resident, Diane Powell, Unit 905, stated she loves the remodeling that was done to
her apartment.
Motion by Jindra, second by Williams, to approve the bids and award the contract for
Phase 3 of Parkview Villa North Apartment Modernization Project to Unicorp for an amount
not to exceed $107,500; and furthermore, to authorize the Chair and Executive Director to
enter into an agreement for the same. All ayes. Motion Carried.
7th Floor Appliance Purchase
Lindig stated as part of the ih floor modernization project, we usually bid the appliances
separately. Staff would utiiize the City for removal of the old appliances at no charge. The
three bids that were received were: 1) Alllnc at $8,971; 2) Warner Stellian at $9, 776.80
and 3) Guyers at $8,520. Normally, we would go with the lowest bidder, but in this case
we are recommending that we use Alllnc again for the 7th floor appliance purchases to
make sure the appliances match the other floors.
Diehm agreed it would be good to stay with the same kind of appliances.
Ecklund stated for the $400 more, he would rather go with All Appliances again.
Motion by Ecklund Jr., second by Williams, to approve the bid from All, Inc. to complete
the appliance services during our ih floor rehab in an amount not to exceed $8,971.00;
and furthermore to authorize the Chair and Executive Director to enter into an agreement
for the same. All ayes. Motion Carried.
South Building Roof Repair on East Side of Building
Kline stated that after the last storm there was a leak noticed from the ceiling where the
north and south building adjoin. Staff called a contractor immediately who said we should
call back the contractor that did the work, as this should still be under warranty. Omni
roofing came out and repaired the roof and alerted staff there is more work to be done
caused from hail damage. Repairs would consist of tearing off the old shingles and ice and
water shield, replacing them and seal the areas as needed. The bids received were Sox &
Company Construction LLC for $750; D & B Home Improvements for $1,250; and Omni
Housing & Redevelopment Authority Minutes
July 25,2006
Page 5 of 10
Roofs for $1,750. Staff recommends the HRA approve the lowest bid from Sox &
Company Construction, LLC.
Nawrocki stated what was the problem with the other contractor had. Kline stated he
wasn't sure as it happened before he started. Ecklund Jr. stated he heard that he made a
hole in the roof and determined that additional repairs needed to be made.
Motion by Williams, second by Ecklund Jr., to Approve Sox & Company Construction, LLC
that has given us the lowest bid for the roof repairs not to exceed the amount of $750; and
furthermore, to authorize the Chair and Executive Director to enter into an agreement for
the same. All ayes. Motion Carried.
Curb Appeal Project
Kline stated the inside of the building is looking pretty good and would like to see the
outside updated also. The area is over grown and the weed barrier has deteriorated. Staff
obtained three bids for adding three retaining walls, existing rock removal, mulch and
perennial flowers or shrubs be added, and on each side of the driveway we are
recommending to remove the rock and slope and add mulch those areas. The three bids
were $8,864 from Twin City Lawn Care, $8,987.55 for Villa Landscapes and $9,480 from
Noble Landscape. The South Building Capital Fund Budget for FY2006 would be used for
financing the project. Staff recommends approval of the contract with Twin City Lawn
Care.
Ecklund Jr. stated they have been trying to get this done for the past 2 ~ years, but do we
have to go that elaborate, as that is a lot of money.
Nawrocki questioned the expenditure, and the need for this at this time, didn't feel that curb
appeal is bad, it is unacceptable to use all of the funds coming from the capital funds, this
isn't fair, it is like when we increase the management fees for Walker, we increased the
rents in the south building, the capital improvement money is set aside for things more like
roof repairs.
Williams stated he would like to see more what it would look like now. Jindra stated she
didn't think it looked that bad. Kelzenberg stated he also didn't think it looked that bad.
Diehm asked Ecklund Jr. if he talked to Dana about this, or the Residents Council.
Ecklund stated he talked to Dana.
Diehm asked Streetar if it would be inappropriate to give the residents council like $1,000
to be used. Streetar stated the VFW and a portion of the laundry machine proceeds, goes
to the Residents Council. Nawrocki stated Streetar was right the VFW is giving the
Resident Council money.
Ecklund stated the Residents Council did plant and put their money into the flagpole circle.
Resident, Mr. Schafer stated years ago when they first came to Parkview Villa, the circle
was a mess, they made quilts and used the money to buy plants for that area.
Housing & Redevelopment Authority Minutes
July 25, 2006
Page 6 of 10
Motion by Nawrocki, second by Williams that this matter be referred to the Residents
Council. All ayes. Motion Carried.
Heating/Cooling Systems in Community Room B
Kline stated in the last couple of years, staff has had trouble maintaining the two large air
conditioner/heating units in Community Room B. Recently we had the working unit
recharged, but the other one will not hold Freon. Staff is looking to replace this unit in
2006, using Capital Funds. Three bids were received from: 1)Owens Companies for
$17,600, 2) Boiler Services for $16,534 and 3) LBP Mechanical for $13,920. Staff
recommends approval of the contract with LBP mechanical.
Ecklund asked if that was both units, or just one. Kline stated it was for only one this year.
Nawrocki asked where the money is coming from. Lindig stated he believed it would be
coming from the capital improvement funds for the south building.
Motion by Kelzenberg, second by Williams, to Approve the low bid from LBP Mechanical,
Inc. not to exceed the amount of $13,920, from the South Capital Improvement Funds; and
furthermore, to authorize the Chair and Executive Director to enter into an agreement for
the same. All ayes. Motion Carried.
TV Antenna System
Kline stated in the past staff has looked into getting a discount rate from Comcast for
Cable TV. The reduced rate is only applicable if 100% of the residents hook up to
Comcast. Staff recently completed a survey to find out what residents would like to do.
We received a total of 60 surveys back, with 41 residents already using Comcast, 18
use the antenna system, and one that does not use any. Staff called a contractor to
educate residents and find out approximately how much repair or installing a new
rooftop TV antenna would cost. We found out that with the new technology coming in
2007 converting analog to digital televisions, even if we replaced the current antenna, it
would not be compatible. The other option is to connect to the City network through
Comcast Universal hook up. Residents would receive better reception and a couple
more channels for free. Therefore, staff is recommending connecting to Comcast
Universal through the City connection for both the North and South buildings.
Nawrocki asked what is the service you get through the City. Diehm stated it is the City
contract with Comcast. Diehm stated it is a free service, make sure if you call that you tell
them you are from Columbia Heights and the service is free, because it is part of the City
Contract.
Ecklund stated his cost is $60 a month, because he gets a lot of channels, but it is free if
you only want the local or universal connection.
Motion by Williams, second by Jindra, to utilize the Comcast Universal City Connection
provided by the City at Parkview Villa North and South. All ayes. Motion Carried.
Housing & Redevelopment Authority Minutes
July 25,2006
Page 7 of lO
Rent Transition Extension Alternative
Streetar stated what you being asked to consider this evening is extending the rent
transition period for Parkview Villa South residents living in 15 of the 45 units, as those
residents in the 15 units will experience significant increases in rent beginning on January
1,2007 and may have to move. In 2004, due to shortfalls at Parkview Villa South, the HRA
implemented a 3-year plan to increase rents to ensure adequate revenues to pay the
necessary property operating and capital costs. This problem initiated from Crest view not
charging the residents in the south building the correct increases, they were charging them
the same as the residents in the north building, which was incorrect. The plan called for
moderate and level rent increases for current residents each year, over a three-year
period, with a final increase on January 1, 2007. The HRA encouraged residents to apply
for the North building, if needed. On January 1, 2007, rent for a 1-bedroom apartment
would be $545 per month, and for a 2-bedroom $695 per month. The table shows the rent
each unit is currently paying, and the amount to be paid on January 1st. With this extended
rent transition, residents would pay $16.23/month in 2007, $16.94/month in 2008 and
$17.67/month in 2009. The remaining 15 experiencing an average monthly increase of
$191, which could result in some residents having to move. In order to continue to serve
the senior residents of Columbia Heights, staff is recommending for these 15 units,
increasing their rent each year on January 1st by 4.35% or about $16/month, allowing them
to remain in their home.
Nawrocki asked what window replacement is he talking about earlier in the meeting and
what is the current fund balance.
Streetar stated it was all of the windows in the south building. TKDA did a study for us a
couple of years ago that stated the windows in the south building needed to be replaced.
Nawrocki asked what the fund balance was again. What Nawrocki may be referring to is a
couple of years ago there was a sum of $700,000, which was the difference between what
it costs to build the building and what the bonds were sold for, which could not be used for
capital funding per state statue. We refinanced the bonds that were used down from 7 to 2
percent. That money was used to reduce the principal of those bonds. There is $540,000
in Parkview Villa South fund balance.
Motion by Ecklund Jr., second by Kelzenberg, to Approve extended rent transition period
alternative. All ayes. Motion Carried.
Walker Contract Extension
Streetar stated what you are being asked tonight is to extend the contract with Walker,
which began on February 1, 2004 and ends on January 30, 2007. The HRA has the
choice to extend the current contract for one year or prepare a request for proposal for a
new management company.
Staff recommends extending the contract for two reasons: 1) Staff's experience with
Walker has been good, they have been thorough in the administration of the operating of
the capital budgets, work effectively with HUD, they acknowledged the opinion of
Housing & Redevelopment Authority Minutes
July 25,2006
Page 8 of 10
commissioners that the on-site manager could do a better job, and has been competent.
The current property manager will be taking a new position in mid July and Walker will be
hiring a new manager for Park View; and 2) the City Council is undertaking significant
projects including: Parkview redevelopment, the contract with Grand Central lofts, 4dh &
University, 3ih & Stinson, Community Center, Heritage Heights, NEI redevelopment and a
10 year Comprehensive Plan. The Comprehensive plan would require a fair amount of time
to prepare this by both City Council and staff. All of these require a lot of staff's time and to
go out for bids the City Council would have to reprioritize the projects for the Community
Development Department. Walker has agreed to a one-year extension, which would allow
the City to get through some of the other things staff is working on for the City.
Diehm asked what Walker's transition plan is for replacing Dana's position. O'Donnell
stated she will be in transition between both buildings until someone is hired and would be
training the new person. Diehm asked if this position would be filled internally. O'Donnell
stated there wasn't anyone qualified for the position.
Nawrocki stated 1) Parkview management is important: 2) he hasn't been very happy with
the management 3) we talked about the cost that staff is being paid through the Parkview
budget and felt it was more than enough money to go out for bids, 4) the financial report is
much easier to read and he appreciated that; 5) with increasing Walkers management fees
his opinion would be against the extension and 6) his concern is always for the residents.
Diehm stated any management company that comes in would have the expertise and
knowledge to run the HUD building, but if the residents were overwhelmingly happy with
the management, she wouldn't consider going out for bids, if we go out for bids we will be
signing up for a 3 year contract, with this extension we would be locked into a 1 year
agreement, if we go with an RFP we are locking us into a 3 year agreement, therefore, she
would like to see Walker receive some input from the board in the hiring process and would
be in favor of the extension.
Nawrocki stated he had better results with Crestview when he expressed concerns with
them, performance is important too, the price you pay is important, when we entered into
the agreement with Walker the 60-day termination clause was put in and that Walker has
used that to their advantage to receive more money.
Kelzenberg stated running a business is a lot of work, Dana did put in a good effort, and he
is in favor of the extension. Jindra stated she hasn't been too happy with the management,
would feel better if Walker includes the boards input on the hiring process, and she would
be in favor of the extension. O'Donnell stated he would like to see they have some
involvement with the process.
Williams stated he wasn't sure how the people feel about it, and wondered what Ecklund
felt. Ecklund stated he felt uncomfortable with Dana training in the new person. O'Donnell
stated Dana will train in the new person on the HUD forms and policies, it is their only
option, it isn't a relationship training.
Housing & Redevelopment Authority Minutes
July 25,2006
Page 9 of 10
Nawrocki stated he thought the board was supposed to have input in the hiring and didn't
feel that we did. Diehm stated she sat in on Dana's interview and that Walker would be
putting their best foot forward, as they are aware of the problems that we have had in the
past.
Williams stated he hasn't heard anything from the residents, needs to hear from the
people, they need to convince him, and asked what do the residents think.
Renie Suftka, Unit 104 stated she didn't have a personal problem with Dana herself, she
has a problem with Walker as it is a business, not a community, she doesn't like paying for
a light bulb to be replaced, but doesn't think a 70 year old woman should be on a chair
replacing it. It is a hard job, and that there is always someone that doesn't like
management.
Resident Peters, Unit 415 stated you should go out for bids after the one year extension,
and have it ready incase Walker doesn't prove themselves.
Ecklund stated he is hoping we get someone that everyone likes and now Walker staff
knows what we are looking for. O'Donnell stated this does make sense to him to involve
the board with hiring process. Ecklund stated he is willing to approve the extension.
Dorothy Schafer, Unit 425, it is hard to come in here and blend with everybody, we have
always had rules around here, to come in here and say it's my way or the highway is
wrong, but she would approve the one year extension.
Resident Diane Powell, Unit 905, stated rather than a 3-yearcommitment, she would like to
see a 1-year extension, and that Kline is hearing our concerns tonight and hopefully this
will work out.
Nawrocki stated there is the possibility to bring some people in here temporary, there are
options, don't get stuck on this 3-year agreement, we could always go back to managing it
ourselves.
Streetar stated he was a property manager, for Dominion managing a large complex, and
in his option Walker has done an extremely good job working with the paperwork for HUD,
but would suggest Walker start paying attention to the residents, and spend more time with
them. Williams stated he appreciated the residents giving Walker a second chance, as
they didn't give William with Crestview a chance two years ago and therefore, he will vote
for the extension.
Motion by Kelzenberg, second by Diehm, to approve the contract amendment extending
the contract for one year under the same terms and conditions.
Upon Vote: Jindra- aye, Williams- aye, Kelzenberg-aye, Nawrocki-nay, Diehm-aye. Motion
Carried.
Housing & Redevelopment Authority Minutes
July 25,2006
Page 10 of 10
Other Business
The next regular HRA meeting will be Tuesday, October 24, 2006 at Parkview Villa.
Adjournment
Chair, Diehm adjourned the meeting at 9:43 p.m.
Respectfully subplitted,
? ';. /"
C'k -7/ #,~1-'J-
Cheryl"Bakken
Recording Secretary
H:\HRAMinutes 2006\7-25-2006
5. a . -a} p)
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
August 22,2006
CALL TO ORDER/ROLL CALL
President, Murzyn, Jr. called the meeting to order at 7:00 p.m.
Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki,
Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approve Minutes of July, 2006 regular meeting and the Financial Report and Payment
of Bills for the month of July on Resolution 2006-06.
Motion by Peterson, second by Williams, to approve the consent agenda Items #3 and
#4 as listed. All ayes. Motion Carried.
BUSINESS ITEMS
Redevelopment of 2101 37th Avenue, AKA The Apache Theatre
Streetar stated in March the EDA entered into a Preliminary Development Agreement
with Pratt Ordway Properties for the redevelopment of the Apache Theatre parcel. The
initial plans for the site was for two, two to three story senior buildings. The first
included between 45 and 65 assisted living units, with 15 seNing memory care
residents and the second building included between 45 and 65 independent senior
units, where residents could purchase assisted living seNices as necessary. The City
requested the plans be modified to sell approximately one acre of the land for a City
Liquor Store adjacent to 37th A venue and Hart Boulevard for approximately $506,000.
At the August City Council work session, staff was directed to modify the proposal
eliminating one senior building with the remaining building to include 64 units with 15
units seNing memory care residents. The developer is requesting up to $115,000 of
financial assistance to pay for the demolition of the Apache Theatre. Staff has secured
$75,000 of CDBG funds from Anoka County and recommends reallocating $35,000 of
the $200,000 CDBG funds the City received for the demolition of the Mady's and
Columbia Heights Rental buildings, leavin~ $165,000 for the demolition. This funding
would become available by September 30 h. In summary staff is recommending three
things: 1) approve the redevelopment concept; 2) authorize the reallocation of $35, 000
of CDBG funds and 3) authorize staff to prepare a redevelopment agreement between
the EDA and Pratt Ordway Properties, Inc. to be approved at the September 26th EDA
meeting.
Murzyn Jr. asked Bill Elrite, Finance Director how much square footage does the Liquor
Store currently have. Elrite stated there was about 10,500 square feet. Murzyn Jr.
stated it would be about the same size.
Economic Development Authority Meeting Minutes
August 22, 2006
Page 2 of 4
Williams stated he would like to see the City do something with the Hart Lake and
Boulevard area, we have talked about this before but, nothing got done, maybe we
could move the road back a little. Murzyn Jr. stated he had seen a proposal that did do
that but was probably pretty costly and asked Pratt if this is something that could be
built into the agreement. Len Pratt, Pratt Ordway Properties stated they saw the
opportunity to reroute Hart Boulevard, which is under state funding, agreed that if their
entrance to the senior building and the liquor store wouldn't change, this would work
and would actually be a plus, but it would take time. Jindra stated, there are a lot of
people in the apartments there, and asked how would they get out. Peterson stated
they would have to straighten out the road.
Nawrocki stated: 1) Hart Boulevard can't be a dead end as it is a state aid road and has
to have an outlet; 2) in the memo it talks about the City Council work session August
ih, staff was directed to prepare a purchase agreement for approval at a subsequent
council meeting. At work sessions you don't make motions or decisions. Streetar stated
that was correct, but you can give staff direction. Nawrocki stated 3) we were talking
about purchasing the property from the dentist and gas station owners on University
A venue, which the dentist was willing to sell, why are we looking at this area. Peterson
stated his understanding was that we were going to move ahead with this one, as it's a
prime opportunity, certainly we are getting a fair deal out of the land and still want to
move ahead with the one on Central also. Fehst stated he had advised council that
right now it doesn't look to good, as far as the price of that property, we do have Welsh
negotiating on our behalf with three property owners, but if for some reason that one
got too expensive we could walk away from that one and continue to lease at our
present site, and that the store on University isn't doing so well and if that is the case
we would consider closing that one. Peterson stated the forecast is to make money on
this project, if we go out of the liquor business down the road, we would still have a nice
piece of property and could have a building to sell. Fehst stated we could use some
technology to keep the maintenance costs down and Mark Ruff from Ehlers and
associates has given us an indication that all of the studies they have done or seen
have all resulted in increased sales.
Murzyn Jr. asked if he has it correct, as far as the liquor store project, it is a concern of
the City Council to vote on this. Diehm stated that was correct. Nawrocki asked why is
the EDA talking about this tonight when this is a City Council decision. Streetar stated
it is because the EDA has a Preliminary Development Agreement with Pratt Ordway for
the redevelopment of the site.
Williams asked who owns the little triangle parcel on the corner. Fehst stated it was the
railroad. Peterson stated he has always thought we should have something like a train
or something to celebrate the railroad, like other cities have.
Motion by Peterson, second by Kelzenberg, to authorize the reallocation of $35,000 of
CDBG funds, approve the redevelopment concept, and authorize staff to prepare a
redevelopment agreement between the Economic Development Authority (EDA) and
Pratt Ordway Properties, Inc. to be approved at the September 26,2006 meeting.
Economic Development Authority Meeting Minutes
August 22, 2006
Page 3 of 4
Diehm asked Peterson and Kelzenberg if they would consider changing the motion to
read "considered for approval on September 26th EDA meeting", instead of approved.
The commissioners agreed to amend the motion.
Amended motion by Peterson, second by Kelzenberg, to authorize the reallocation of
$35,000 of CDBG funds, approve the redevelopment concept, and authorize staff to
prepare a redevelopment agreement between the Economic Development Authority
(EDA) and Pratt Ordway Properties, Inc. to be considered for approval at the
September 26, 2006 meeting.
Upon Vote: Jindra-aye, Nawrocki-nay, Kelzenberg-aye, Williams-aye, Peterson-aye,
Diehm-aye, Murzyn Jr. -aye. Motion Carried.
Murzyn Jr. stated he would like to close the meeting at this time to discuss the next
agenda item and would re-open the meeting after discussion. Nawrocki asked what is
the purpose of closing this meeting. Streetar stated he had talked to Steve Bubul, the
City attorney, who stated the EDA could close a meeting without a vote.
The meeting was then closed at 7:23 pm.
The meeting was re-opened at 8:07 pm.
Authorization to Negotiate Acquisition of Mady's Retail Property by the EDA
Murzyn Jr. stated the board has discussed this item and asked if there were any
comments or questions.
Nawrocki asked where the money would be coming from. Streetar stated it would come
from the Capital Equipment funds, inter fund loan from the City to the EDA.
Motion by Williams, second by Peterson, to authorize staff to negotiate with the Mady-
Foss Partnership.
Upon Vote: Jindra-aye, Nawrocki-nay, Kelzenberg-aye, Williams-aye, Peterson-aye,
Diehm-aye, Murzyn Jr. -aye. Motion Carried.
ADMINISTRATIVE REPORTS
Streetar stated that staff was contacted by Howe Leathers with the Lions Club who
wanted to get the local Hispanic community involved with their organization. Staff gave
them some ideas of community meetings and proposed meeting places to get them
started.
Williams stated he met the Mayor of Lino Lakes recently, who spoke highly of Randy
Schumacher and that we should be proud to have him working in our City.
Park View
Schumacher stated the cleanup of Phase /I is now complete and the first five building
Economic Development Authority Meeting Minutes
August 22, 2006
Page 4 of 4
pads have been constructed. Sewer and water will be completed in the next six to eight
weeks. Ryland has sold 67 units in Phase I and 3 units in Phase /I to date.
ADJOURNMENT
Motion by Diehm, second by Williams, to adjourn the meeting at 8:15 p.m.
Respectfully submitted,
.;",/ ..~/
C/ ,,---::?f ..
<"",,,,<e
Cheryl Bakken
Community Development Secretary
H :\EDAminutes2006\8-22 -2006
5. A. ~)c)
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
October 3, 2006
The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine
Vesley, Patricia Sowada, Lynette Thomson, Bruce Kelzenberg, and Becky Loader.
Nancy Hoium was absent.
It was moved, seconded, and passed to approve the minutes of the September 5,2006, Board meeting as mailed.
Bill list dated 9/25/06, was reviewed. It was moved, seconded and passed that they be paid.
Bill list dated 10/9/06, was reviewed. It was moved, seconded and passed that they also be paid.
The accounting was reviewed.
Old Business:
1. Budget hearing with the City Council is scheduled for October 25,2006, 6:30 p.m. at Murzyn Hall. Pat
Sowada volunteered to bring a cheese and cracker tray for the meeting. The Recreation Department is
scheduled to have their budget meeting second. The Board will be sent a reminder notice and the room to
be used for the meeting will be indicated at that time.
2. The Board discussed the redevelopment information presented by Bob Streetar at the meeting last month.
Barb informed the group that the Activity Center Advisory Committee will be meeting on Wednesday,
October 11. Catherine and Lynette will try to attend. The Board discussed what possible steps could be
taken next.
3. Three new pages have been hired and began training September 25: Betsy Bush, Tracy Shaffer and Stacey
Hendren.
4. Year-end funds were discussed. It was moved, seconded, and passed to transfer the following funds:
$763.72 from 2170 Program Supplies to 2171 General Supplies
$300.00 from 5120 Building Improvement to 2020 Computer Supplies
$700.00 from 5120 Building Improvement to 2171 General Supplies
$41.00 from 2182 Electronic Databases to 2030 Printing and Printed Forms
$191.85 from 3430 Advertising Other to 2030 Printing and Printed Forms
$180.00 from 2183 Audio Cassettes to 2185 Compact Discs
New Business:
1. Discussed the article about Rondo Branch of St. Paul Public Library from the St, Paul Pioneer Press.
2. The article from the "At a Glance" section of the St. Paul Pioneer Press about Columbia Heights was
reviewed.
3. Thank you from Nancy Soldatow was reviewed.
4. Thank you from Elaine Dietz-Mamaril was reviewed.
5. The Board expressed the opinion that they would like to see the budget be increased to allow staff to go to
professional conventions such as ALA in the future.
6. Draft of contract with the County is still in process.
7. Becky has met with Kevin Hansen and a contractor to get the 'cap' on the building repaired/replaced.
8. The Board moved, seconded, and passed the following change in policy concerning rental videos. The
feature film rental videos will be $1.00 for 7 days; feature film videos older than 5 years will now be free
of charge.
9. The article fTOm the St. Paul Pioneer Press about the changing role of libraries was reviewed.
10. Pat Sowada presented a plaque to Becky and the library from the Sister City International, for the generous
support of many projects.
11. Catherine submitted a card and brochures by a local artist, "Sculpture by KIMBER" to be added to the file
of information about a sculpture for the courtyard.
There being no further business the meeting was adjourned at 7:50 p.m.
Respectfully submitted,
t:::~J-~~.z) ?n. 0~
Jlanine Schmidt
Secretary to the Library Board of Trustees.
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.
2
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
NOVEMBER 8,2006
7:00 PM
f.
~
57.A-.~
I
The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek.
Roll Call:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were JetISargent (City Planner), Shelley Hanson (Secretary), and Bruce Kelzenberg
(Council Liaison).
Motion by Peterson, seconded by Fiorendino, to approve the minutesfi'om the meeting of October 3,
2006. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE:
APPLICANT:
LOCATION:
REQUEST:
2006-1102
Eric Wade Russell
3806 Jackson Street
VARIANCE A 5-foot side yard setback variance to the north, a 15-
foot side yard setback variance to the south for a new house, and two
3-foot side yard setback variances for a driveway.
INTRODUCTION
At this time, Wade Russell is requesting four (4) variances in association with the construction ofa new
house located just south of the house located at 3806 Jackson Street. Two variances are needed for the
placement of the principal structure on the property. They include a 5-foot side yard setback variance to
the north lot line and a IS-foot side yard setback variance to the south lot line, per Code Section 9.109
(C). The other two variances are needed for the placement of a shared driveway. Both properties will
require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C).
The applicant proposes to construct a new house just south of the existing house located at 3806 Jackson
Street. The cun-ent legal description of the propeliy in question describes two separate lots. Because
these are buildable lots of record, the applicant is able to split these parcels through Anoka County, and
request the necessary variances through the City of Columbia Heights. The lots of records are
undersized according to today's lot size requirements in the R-3 District. However, there is a provision
in the Zoning Code that allows the construction of a new principal structure on a buildable lot of record,
as long as the lot of record meets 60% of the minimum lot area or lot width requirements for the district
in which it is located,
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and proposed use is a
single-family residence. The use is consistent with the types of uses found in Low Density
classifications. The proposal will include a new house and garage on the southem parcel and a new
garage for the existing structure on the northem parcel.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
NOVEMBER 8, 2006
ZONING CODE
The property is zoned R-3, Limited Multiple Family Residential District, as are all the properties in the
area. The R-3 District requires the following minimum setback requirements:
Front yard:
Side yard:
Corner side yard:
Rear yard:
Average Requirement
20 feet
30 feet
25 feet
The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width.
Any new improvement to the property would have to meet the minimum side yard setback of 20 feet.
Given this, the current setback requirements would make it impossible for the applicant to build
anything on her propeliy without first obtaining a variance to do so. If this property were located in the
R2-A, One and Two Family Residential District, no variance would be required for the side yard
setbacks for the proposed building.
Code Section 9.106 (B)(4) of the Zoning Code states that a lot of record shall be deemed a buildable lot
provided it has frontage on a public right-of-way and meets the setback and area requirements for the
district in which it is located, or adjusted to conform as follows: a lot or lot of record upon the effective
date of [the code] which is in a residential district and which doe not meet the requirements of [the code]
as to area or width, may be utilized for single-family detached dwelling purposes provided the
measurements of such lot meets 100% of the front yard, side yard and rear yard setback requirements for
the district h'1 which it is located and 60% oftlle minimum lot area or lot width requirements for the
district in which it is located. The parcel in which the applicant would like to construct a new house is
40' X 129.15', or 5,166 square feet in area, or 79.5% ofthe minimum standard. Given that the lot area
requirements are met, the applicant would still require the setback variances in order for this property to
be considered buildable.
FINDINGS OF FACT
The following are required findings that the
request:
1.
City Council must make before approving a variance
Because of the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the spec(fic parcel of land involved, strict adherence to the provisions of
this article would cause undue hardship.
The hardship for this property is that the property is not wide enough to accommodate any type
of new construction. The minimum setback requirements imposed by the Zoning Code disallow
the applicant to construct anything on the propeliy. For this reason, the applicant is unable to use
her land in the same manner as other residents in the R-3 District.
The topography of the property along the alley is excessive as well. An option that the applicant
has is to orient the garages towards the alley. This would be extremely difficult to do, as it
would require excessive land excavation. Utilizing a shared driveway for the properties would
enable the applicant to construct the garages without the hardship of extensive excavation.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
NOVEMBER 8, 2006
2. The conditions upon which the variance is based are unique to the spec?fic parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the variance is
based are unique to all 40-foot lots in the R-3 District. By conducting a survey of all single-
family houses in the R-3 District, it was detennined that the average lot width for these parcels
was approximately 51 feet.
3. 771e difficulty or hardship is caused by the provisions of this article and has not been created
by any person currently having a legal interest in the property.
The provisions of the Zoning Code require setback standards that are too extreme for this
particular piece of property in the R-3 District. In the R2-A District, this proposed building
would not require setback variances. The applicant has not created the hardship being used to
justify the granting of the variance requests.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density Residential
housing. Improvements on a pre-existing low-density parcel are consistent with the 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.
Granting these variance requests would support the type of housing that the Comprehensive Plan
support. The addition of a new house in the area would be consistent with the type of housing
surrounding it. The addition of a garage for the existing principal structure would also bring the
existing property in more compliance, as the Zoning Code requires a minimum 20' x 20' garage
on all residential properties.
After reviewing this variance application, Staff concludes that the setback requirements for the R-3
District pertaining to one and two family dwellings do not allow the construction of a single family
home. Granting the applicant's variance requests would allow the applicant to use the property in the
same fashion as any other single-family dwelling owners can utilize theirs in the R-3 District. Staff
recommends approval of the variance requests.
Questions from Commission members:
Szurek asked whether the lot had been split yet. Sargent explained that the parcel was originally platted
as two separate lots. The existing house sits on one of the lots. Because they were already platted as
two lots, he can separate them without Council approval.
Szurek questioned what address would be assigned to the new house. Sargent answered that the new
address will be assigned by personnel in the Building Department. Szurek then asked if the new house
would meet the side yard setback of 5 feet, which is the requirement if the property were zoned
differently, as most other residential properties are. He stated that it would meet that requirement. He
went on to explain that the existing house is grand fathered in at a 4 foot setback to the side property line.
That is where the house was placed years ago and the property line is not being changed at all.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
NOVEMBER 8, 2006
Szurek then questioned placement of the driveway, and whether it was going to be up against the house.
She is worried about drainage. Sargent responded that since this will be new construction, it will have to
be designed to drain properly. He reminded the members that it is a condition of approval and the owner
will have to provide the proper elevations and drainage information to Engineering for approval prior to
the permit being issued.
Thompson was also concerned about drainage issues, as elevations weren't provided with this request.
He doesn't like the shared driveway situation and he was hesitant to grant approval for variances to
accOlllil1odate the driveway as proposed without all the infol111ation. Again, Sargent stated that the
Engineering Dept. will have to approve the construction of the driveways to ensure that drainage is
directed correctly.
The Public Hearing was opened.
No one wished to speak on this matter.
Eric W. Russell, owner ofthe property who lives at 2994 Old Hwy 8, Roseville, stated he will work with
the Engineering Dept to make sure the excavating and drainage are done properly. He plans on moving
his mother into the existing house at 3806 Jackson St. so he doesn't want to adversely affect that
property either.
Thompson asked him if he had considered excavating the rear yard where the garages will be located, so
that they could be accessed off the alley rather than having the driveway run the length of the property
from Jackson St. He said he had considered it, but he felt it might be too cost prohibitive. He will
decide prior to submitting the building plans.
The Public Hearing was closed.
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve 5-foot side yard setback variance and the 15-foot side yard setback variance for the
construction of a new house, and the two 3-foot side yard setback variances for the construction of a
new shared driveway for the property located at 3806 Jackson Street with thefollowing conditions:
I. All application materials, maps, drawings and other descriptive information submitted
with this application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-ofway" permit fiAOll1 the
Engineering Departmentfor the construction of the curb cutfor the new driveway.
3. The garages shall be architecturally compatible to the principal structures, incOllJorating
similar building rnaterials and colors.
4. The applicant shall establish a drive1vay easement agreement for the shared driveH'ay
and record it with Anoka County.
Thompson-no, Fiorendino-abstained, Schmitt, Peterson, Szurek-aye. MOTION PASSED.
The following resolution will go to the City Council on November 13,2006.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
NOVEMBER 8, 2006
DRAFT RESOLUTION NO. xx:xx
RESOLUTION APPROVlNG A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR ERIC WADE RUSSELL
WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting
a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3806 Jackson Street
LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to Minneapolis, Anoka
County, Minnesota.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new
house per Code Section 9.109 (C), a IS-foot side yard setback variance for a new house per Code Section
9.109 (C), and two 3-foot side yard setback variances for a new driveway per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
November 8, 2006;
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 surroUl)ding 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 pal1:icular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel of land involved, where strict adherence to the provisions of this
Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved
and are generally not applicable to other properties within the same zoning classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by
any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive
Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or materially
injurious to the enjoyment, use, development or value of property or improvements in the vicinity.
FURTHER, BE IT RESOLVED, that the attached conditions, 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 ~md 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:
1. All application materials, maps, drawings and other descriptive information submitted with this
application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-oj:way" permit/rom the Engineering
Departmentfor the construction of the curb cut for the new driveway.
3. The garages shall be architecturally compatible to the principal structures, incorporating similar
building materials and colors.
4. The applicant shall establish a driveway easenzent agreement for the shared driveway and record it
with Anoka County.
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
NOVEMBER 8, 2006
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-1103
Crest View Corporation
4444 Reservoir Boulevard
Conditional Use Permit for Senior Living Facility
INTRODUCTION
At this time, the applicant is proposing an addition to the Crest View Senior Communities building,
located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the
use of the property as a senior care facility is a Conditional Use. Any time an applicant requests an
expansion to an existing Conditional Use, they must go through the Conditional Use Permit process.
The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home,
which is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing
senior residents additional indoor parking spaces. Currently, some indoor parking space is provided, but
additional garage space is needed.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides this area towards High Density Residential. The addition to the
existing senior living facility is a high-density residential use, and is consistent with the Comprehensive
Plan for the area.
Zoning Ordinance
The property is zoned R-3, Multiple Family Residential. The properties to the east and south are zoned
R-1, Low Density Residential. The propeliies to the west are zone R2-A, One and Two Family
Residential. The propeliies to the north are the Minneapolis Waterworks Site and Keyes Park.
The R-3 District allows for congregate living facilities, including nursing homes, senior housing and
assisted living facilities with a Conditional Use Permit. When an existing establislm1ent requests an
expansion, an additional Conditional Use Permit is required to assure that the expansion meets the
minimum standards of the District.
Parking. The Code requires one (1) parking stall for every two (2) beds in a nursing home, and one (1)
stall per every two (2) units in a senior housing or assisted living facility. The number of beds on the
Crest View Campus is as follows:
Crest View Lutheran Home
The Boulevard Housing with Services
Royce Place Assisted Living & Crest View Care Office
Columbia Village Housing with Services HUD 202
122 Beds = 61 Stalls
75 Beds = 38 Stalls
50 Beds 25 Stalls
40 Beds 20 Stalls
Total:
287 Beds = 144 Stalls
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
NOVEMBER 8, 2006
With a total of 287 beds on the campus, coupled with the fact that there is no more than one bed per
room, the required number of parking spaces for the entire campus is 144 stalls. CUlTently, the entire
campus has 187 outside parking stalls and 17 covered parking stalls on site.
The proposed plan would reduce the number of outside parking stalls by three (3), but would increase
the number of inside parking stalls by 20. When the project is complete, the campus as a whole would
include 221 parking stalls, exceeding the City's minimum requirements.
Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the
parking garage. The construction of the new parking garage would require the removal of a fire lane
needed to access a portion of the campus. The Fire Chief stated that a new tire lane would need to be
added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View
Lutheran Home.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to
grant a Conditional Use Pem1it. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as detennined by the Zoning Administrator.
The proposed use is specifically mentioned as a Conditional Use in the R-3, Multiple Family
Residential District.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The use is in harmony with the general purpose and intent of the comprehensive plan, as it is
High Density Residential.
(c) The use will not impose hazards or disturbing influences on neighboring propeliies.
The proposed additions would be appropriate for the existing use of the buildings. The
proposed additions would also meet all required setbacks for the R-3 District, and thus shall
not impose hazards or disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
All setback requirements will be met with the proposed additions to the existing structures.
For this reason, the use of the properties in the immediate vicinity Hiill not be diminished.
(e) The use will be designed, constructed, operated and maintained in a mam1er that is
compatible with the appearance of the existing or intended character of the sUlTounding area.
The proposed addition to the building will not alter the way that the existing business has
been operating throughout its existence. The use will be designed, constructed and
maintained in a proper fashion.
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
NOVEMBER 8, 2006
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
The use and property upon which the use is located are adequately served by essential public
facilities and services.
(g) Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation oftraffic.
The City Engineer has revieH'ed the proposed plans and did not have any issues with traffic
congestion. Typically, this type of use does not generate an excess amount of traffic in the
area.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
The proposed addition will help facilitate a senior living facility, which is permitted as a
Conditional Use in the District it is located. It is intended that the use will not cause a
negative cumulative effect on the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
The use complies with all other applicable regulations for the district in which it is located.
City Staff recommends that the Plam1ing Commission recommend approval ofthe proposed addition to
the senior living facility with the conditions noted in the motion.
Ouestions from Commission members:
Schmitt asked whether the addition of the fire lane needs to be submitted prior to the City Council
approving the request. Sargent said as long it is a condition of approval, that would suffice. The Fire
Chief needs to approve the new Fire Lane location as part of the review prior to the building permit
being issued. And as he is the person who approves it, he will know whether it meets the requirements
or not.
Mike Trossen, the Architect for the project, was present to answer questions.
Fiorendino asked who the primary users of the new garage parking would be. Trossen stated it would be
the residents of the Blvd. Apmiments which is the facility for Independent Senior Living.
Public Hearing was opened:
No one wished to speak on this issue.
Public Hearing was closed:
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
NOVEMBER 8, 2006
Motion by Schmitt, seconded byFiroendino, that the Planning COInmission recommends the City
Council approve the Conditional Use Permit for an addition to the senior livingfacility located at 4444
Reservoir Boulevard, 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 required state and local codes will be met and infull compliance.
2. All application materials, maps, drawings and descriptive i111'ormation submitted with this
application shall become part of the permit.
3. Afire lane will be added, and located no less than 150feef.from the Crest View Lutheran Home.
Plans to be approved by the Fire Chief prior to the issuance of a building permit for the
additions.
All ayes. MOTION PASSED.
The following Resolution will go to the City Council November 13, 2006.
RESOLUTION NO. XXXX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
CREST VIEW CORPORATION
WITHIN THE CITY OF. COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4444 Reservoir Boulevard
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pennit per Code Section
9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family
Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
November 8, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed conditional use pennit upon the health, safety, and welfare of the community
and its Comprehensive Plan, as well as any concems related to compatibility of uses, traffic, property values,
light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following findings of the Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the propeliy is located, or is a
substantially similar use as detennined by the Zoning Administrator.
2. The use is in hannony with the general purpose and intent ofthe Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring propelties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with
the appearance of the existing or intended character of the surrounding area.
PLANNING & ZONING COMMISSION MINUTES
PAGE 10
NOVEMBER 8,2006
6. The use and property upon which the use is located are adequately served by essential public facilities and
servlces.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to
provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other infonnation shall become pali of
this pennit and approval; and in granting this permit the city and the applicant agree that this pennit shall become
null and void if the project has not been completed within one (J) calendar vear after the approval date, subject to
petition for renewal ofthe permit.
CONDITIONS ATTACHED:
1. All required state and local codes will be met and in full compliance.
2. All application materials, maps, drawings and descriptive information submitted with this application
shall become part of the pennit.
3. A fire lane will be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to
be approved by the Fire Chief prior to the issuance of a building pennit for the additions.
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-1104
Pratt Ordway, LLC
2101- 37th Avenue
Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat
Approval.
INTRODUCTION
At this time, Pratt Ordway, LLC is requesting three (3) approvals in association with the construction of
a senior assisted living facility. They are as follows:
1. A Comprehensive Plan Amendment to reguide a portion of the subject property from
Commercial to High Density Residential.
2. A Zoning Amendment to rezone a portion of the subject property from GB. General Business
to R-3, Limited Multiple Family Residential.
3. A Preliminary Plat approval.
The project in its entirety will require the following approvals: A Comprehensive Plan Amendment, a
Zoning Amendment, a Preliminary Plat, a Final Plat, a Site Plan Approval, and a Conditional Use
Permit. It is intended that the applicant will apply for all of these within a 60 to 90-day time period.
The applicant is proposing the split the subject property located at 2101 - 3 ih Avenue into two parcels.
The nOlihem parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living
facility to be constructed and managed by ComfOlis of Horne.
ComfOlis of Horne is an established company and currently operates assisted living communities in
Hugo and Blaine, and nine (9) communities in Wisconsin. There are also communities in White Bear
Lake, Cottage Grove, Forest Lake, NOlih Branch, Lino Lakes and Maplewood in development.
PLANNING & ZONING COMMISSION MINUTES
PAGE 11
NOVEMBER 8, 2006
ComfOlis of Home provides various types of senior housing and levels of care to its customers, but will
focus on an assisted living facility in Columbia Heights.
The proposed Comforts of Home building will incorporate a Montessori school as well. The school will
be run independently from the assisted living facility, and will be located on the north end of the
building.
The southem parcel will be approximately one (1) acre in size. This propeliy will be a commercial pad
and possibly the location of a new City-owned liquor store.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides the property at 2101 - 3ih Avenue "Commercial". Consequently, the
proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property
needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason,
the applicant is requesting a Comprehensive Plan Amendment to reguide the northem parcel from
"COlllillercial" to "High Density Residential". It should be noted that the parcel just north of the subject
property is also guided towards High Density Residential in the Comprehensive Plan.
Zoning Ordinance
The property at 2101 - 3ih Avenue is currently zoned GB, General Business. As part of the overall
request for the use of the land, the applicant would like to rezone the northem 2.4 7 acres of the property
to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting
property zoning classifications, and would enable Comforts of Home to locate on the parcel with a
Conditional Use Permit.
The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land
area for everyone (1) unit for a congregate living facility. The proposed assisted living facility will
have 58 units, requiring a minimum of23,200 square feet ofland. The proposed land area for the parcel
will be 107,593 square feet, meeting the minimum land area requirement for the district.
FINDINGS OF FACT
Zoning Amendment
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
The proposed zoning amendment 111ill rezone a portion of the subject property from GB, General
Business, to R-3, Limited Multiple Family Residential. The applicant is concurrently requesting
a Comprehensive Plan Amendment, which would make the proposed zoning amendment
consistent with the new Comprehensive Plan designation of High Density Residential.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owner.
The proposed zoning amendment lvould rezone a parcel of land for the proposed use of a ..,enior
assisted living facility. This type of use would be a benefit to the general public. The
Comprehensive Plan indicates a housing goal of ljfe-cycle housing available to the public. It
also encourages the City to ensure that the community's elderly residents and residents with
.\]7ecial needs have safe, sanitary and affordable housing.
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
NOVEMBER 8, 2006
3. Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of property within the general area
of the property in question are compatible with the proposed zoning classification.
The proposed zoning classification of the parcel in question is R-3, Limited Multiple Family
Residential. This is consistent with the existing zoning of the parcel abutting the subject property
to the north. For this reason, the proposed zoning classification would be compatible with the
existing zoning of the property in the general area.
4. Where the amendment is to change the zoning classification of a particular property, there
has been a change in the character or trend of development in the general area of the propeliy
in question, which has taken place since such property was placed in the current zoning
classification.
The use o.fthis property has been as a movie theater since 1971, when it was built. In 2004, the
theater closed as a result of a declining competitiveness of this location as a theater site.
Consequently, while the market for movie theaters has declined, the demand for senior assisted
living housing has grown.
Preliminary Plat
Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving ~ preliminary plat:
1. The proposed preliminary plat conforms to the requirements of 99.114.
The preliminary plat has been reviewed by the City Engineer in regards to the proposed grading
and drainage of the property, all utilities, as well as the storm water management on site. The
landscape plan and lighting plan will be reviewed at the time of the Final Platfor the project.
2. The proposed subdivision is consistent with the Comprehensive Plan.
Once the Comprehensive Plan is amended to guide the northern parcel as High Density
Residential, the proposed subdivision will be consistent with the Comprehensive Plan. The
southern parcel remains guided as "Commercial ".
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good plamling and site engineering design principles.
Kevin Hansen, City Engineer, has received and reviewed all engineering plans for the
preliminary plat application. He has indicated that the site is located within the Rice Creek
Watershed District, and would need to be reviewed by that body prior to the City approving the
Final Plat. Mr. Hansen also encourages the use of rain gardens to help with the treatment of
surface waters for the site. The applicant has agreed to look into this possibility. Because this
site has been previously built on, all other sanitary services for the property are in placed and
sized correctly for the proposed project.
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above. Assuming
those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will
need to be modified a bit between the time the preliminary plat is approved and the final plat is
submitted for approval. Staff recommends approval of the requests.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
NOVEMBER 8, 2006
Questions from Commission members:
Fiorendino asked when the Lot Split would need to occur? Sargent stated that by approving the
Preliminary Plat, the lot split is complete. Fiorendino then asked why staff thinks it is better to develop
the site as residential rather than commercial? Sargent responded that one goal of the Comprehensive
Plan is to ensure that life cycle housing is kept up and that Sr. housing is provided for current residents.
Because this site has already been vacant for more than two years without much interest from
conm1ercial developers, staff felt it would be a nice fit for that area. By abutting the new Assisted
Living Bldg. to the current apaliments that house mostly seniors to the n01ih, this is a natural fit to the
area overlooking Hart Lake. It is exactly what the City wanted to do with this area, even though only a
small part is being done at this time.
The question was asked if the City would be purchasing the site for the possible Liquor Store or leasing
the space. Sargent said if the plan goes through, the City would be purchasing the site, but a final
decision has not been made on that at this time.
Schmitt questioned how a Liquor store could be located so closely to the Montessori School. We have a
300 foot minimum distance between such uses according to our City Ordinance.
Sargent explained that if the Liquor Store were to be located first, the Montessori School could then
locate there if they so choose. :However, if the Montessori School were there first, then the Liquor Store
would not be allowed to go in that close to the school. All parties are aware of the proposed plans, al1d
have determined that it wouldn't be an issue. He said there would be approximately 220 ft between the
twu buildings as the planned conmlercial sitc is being moved forward toward 3 th Avenue. Right no\^!,
the current Liquor Store is in much closer proximity to where the Montessori School would possibly be
located. Sargent went on to explain that at this time the Commission is not being asked to approve a
site plan and that the Liquor Store is just a proposed usc of the commercial site at this time. The
decision the members must make tonight is whether to approve amendments to the Comprehensive Plan,
the Zoning Ordinal1ce, and the Preliminary Plat.
Fiorendino asked if city staff felt this was in the best interest of the City to find a way aroill1d the
Ordinance requirements, and to locate a Liquor Store at this paliicular site. Sargent explained that it was
not his decision to make.
Peterson also felt that the welfare of the community and children should be protected and that this
proposed use is not in keeping with the intent of the established Ordinance. Sargent again reminded
members that this decision is not part of the request before them tonight. Those issues will be addressed
at the time the Site Plan is considered. By then, a more concrete plan for the intended use will be
known.
The Public Hearing was opened:
Ray Muno of 3813 Hayes St. at first was concemed about losing retail property. But after looking at the
plan he thought it would be a nice fit in the area. He feels storm water and drainage issues would be
addressed by nice landscaping and garden areas, that in tum, will protect Hart Lake. He also thinks the
Liquor Store issue is not w01ih wOITying about as the current Liquor Store is actually closer to the
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
NOVEMBER 8, 2006
proposed location ofthe Montessori site. He did express his opinion that he thought 3ih Place should
be reconstructed and realigned now that Minneapolis does not have ownership or control of it any
longer.
Sargent said they will be looking at that, not necessarily as part of this project, but sometime in the
future as staff also knows this needs to be done.
Darryl Gamer from Pratt Ordway stated that the use of the commercial site is yet to be determined. The
only thing known for sure at this point is the Assisted Living Building and the Montessori School are
part of the plan.
The Public Hearing was closed.
A10tion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the preliminary plat based on following 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
Developltlent Ordinance. including:
1. The development agreement must reflect an agreement between the City and the developer on
what utilities an4 streets within the project will be the City's long-term. maintenance and repair
responsibilities. .
2. The Plat should identify the name of the proposed development.
3. All construction traffic must be controlled and shall be directed through the vehicle tracking
pads, as indicated on the SrVP P P plan.
4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
5. if any existing curb and gutter grades are less than one percent (1%) at the driveway cuts,
provide a concrete cross gutter.
6. All erosion control measures shall be installed and inspected by the City prior to any site
activities beginning.
7. Any site grading prior to final plat approval will require an excavation permit, obtained from the
Engineering department.
8. An NP DES permit will be required, at the time of construction. The City also reserves the right
to require additional erosion control measures during construction, as conditions warrant.
9. All restoration of twi areas in the Public Right-o/-Way (ROTiV) shall be by four (4) inches of
topsoil/sodding.
10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty
four (24) hour advance notice of an inspection is required.
11. All utilities (water lnain, sanitary sewer and storm sewer), shall meet the City of Columbia
Heights SIJecifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate permit
for surface water management. All ayes. MOTION PASSED.
PLANNING & ZONING COMMISSION MINUTES
PAGElS
NOVEMBER 8, 2006
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the Comprehensive Plan Amendment to change the guidance of the landfi'om "COlnmercial" to
"High Density Residential n. All ayes. MOTION PASSED.
Motion by Peterson, seconded by Schmitt,that the Planning Commission recommend that the City
Council approve the rezoning of the northern property from GB, General Business, to R-3, Limited
"Multiple ~Family Residential based on follmving conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the Zoning and
Development Ordinance, including:
1. The approval of the rezoning of the property is contingent on the Metropolitan Council's
approval of the Comprehensive Plan Amendment.
All ayes. MOTION PASSED.
The following Ordinance and Resolutions will go to the City Council November 13,2006. Sargent
explained the Ordinance will have to have two readings, and will become effective 30 days later. Once
that is in effect and the Comprehensive Plan has been amended, then the Final Plat, Site Plan, and
Conditional Use Permits can be addressed.
ORDINANCE XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPI\1ENT ORDINANCE NO. 1428,
PERTALNING TO THE REZONlNG OF A CERTAIN PROPERTY LOCATED AT 2101- 37TH
AVENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a :;pecific area in the City to
focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the
flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and
WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides
flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use;
and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX,
and is in the public interest and not solely for the benefit of a single property owner; and
WHEREAS, the zoning classification of the property for the proposed development is compatible with the
proposed R-3, Limited Multiple Family Residential classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
PLANNING & ZONING COMMISSION MINUTES
PAGE 16
NOVEMBER 8, 2006
RESOLUTION XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE
PROPERTY LOCATED AT 2101 - 37TH AVENUE NE, IN THE CITY OF COLUMBIA HEIGHTS.
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject
property in the Comprehensive Plan does not allow the flexibility needed to accommodate successfitl
redevelopment in accordance with the proposed development; and
WHEREAS, the proposed development is consistent with the description of the High Density Residential
District; and
WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units
plus per acre, with higher densities in locations with convenient access to transportation corridors and the
proposed development consists of congregate housing, in which the zoning code allows the proposed 23 units per
acre; and
WHEREAS,. the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as
reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail
and services, using High Density Residential zoning, and supporting a healthy living environment; and
wHEREAS, the Cily's approval olthe Comprehensive Plan amendmentfor the subject property is contingent on
Jdetropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and
BE IT FURTHER RESOL VED that the Planning and Zoning Commission conducted a public hearing to review
the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land
use designation for the subject properties from Commercial to High Density Residential.
RESOLUTION NO. XXXX
RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION
WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City Council
requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site:
ADDRESS: 2101- 3ih Avenue NE
EXISTING LEGAL DESCRlPTION: On File at City Hall
PROPOSED LEGAL DESCRIPTION: TBA
THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION.
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to traffic, propeliy values, light, air, danger of fire, and risk
to public safety, in the surrounding area; and has held the required public hearing on this proposal on November
8, 2006.
PLANNING & ZONING COMMISSION MINUTES
PAGE 17
NOVEMBER 8, 2006
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following findings ofthe Planning Commission:
1. The proposed preliminary plat conforms to the requirements of S9.114.
2. The proposed subdivision is consistent with the Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that IS consistent with good
planning and site engineering design principles
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other infonnation shall become
part of this subdivision approval.
CONDITIONS:
1. The development agreement must reflect an agreement between the City and the developer on what
utilities and streets within the project will be the City's long-term maintenance and repair
responsibilities.
2. The Plat should identify the name of the proposed development.
3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as
indicated on the SWP P P plan.
4. The City standardfor drive entrances is a concrete apron matching the concrete curb and gutter.
5. J.f any existing curb and gutter grades are less than one percent (1%) at the drivev.'ay cuts, provide a
concrete cross gutter.
6. All erosion control measures shall be installed and inspected by the City prior to any site activities
beginning.
7... Any site grading prior to final plat approval will require an excavation permit, obtained fi'om the
Engineering department.
8. An NP DES permit will be required, at the time of construction. The City also reserves the right to require
additional erosion control measures during construction, as conditions warrant.
9. All restoration of turf areas in the Public Right-(~f-Way (ROTV) shall be by four (4) inches of
topsoil/sodding.
10. All work within Public ROW shall be inspected by the City Engineering Department. Tvventyfour (24)
hour advance notice of an inspection is required.
11. All utilities (water main, sanitmy sewer and storm sewer), shall meet the City of Columbia Heights
specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for
sUl:face water management.
NEW BUSINESS
None.
OTHER BUSINESS
No other business.
The meeting lVGS adjourned at 8: J 2 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 13,2006
ITEM: Establish Work Session
Meeting Date for November 20,
2006
NO: s: 4. 3
BY: Walter R. Fehst
DATE: November 13,2006
CITY MANAGER'S
APPROVAL I,
BY:
AGENDA SECTION:
NO: 5-A-3
Consent
ORIGINATING DEPARTMENT:
Administration
DATE:
It is suggested to schedule a City Council Work Session for Monday, November 13,2006
beginning at 7:00 p.m. in Conference Room 1.
RECOMMENDED MOTION:
MOTION: Move to schedule a City Council Work Session for Monday, November 13,
2006 beginning at 7:00 p.m. in Conference Room 1.
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT
NO:
MEETING OF: NOVEMBER 13,2006
ORIGINATING DEPT: CITY MANAGER
FINANCE APPROV AL
ITEM: RESOLUTION ACCEPTING GIFTS
RECEIVED BY THE CITY OF COLUMBIA
HEIGHTS
BY: JOE KLOIBER
BY:
. A.
If
DATE: OCTOBER 30, 2006
Staff requests that the City Council adopt the attached resolution, to accept the gifts listed in the
resolution. The new clock tower and items relating to the clock tower make up $41,244.02 of the
total $54,799.90 listed.
The primary intent of this resolution is to comply with Minnesota Statute 465.03 Gifts to
Municipalities. The statute provides that municipalities can accept gifts subject to donor terms,
if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should
be noted that the statute prohibits accepting gifts with religious or sectarian purposes.
Staff recommends that the City Council adopt the following motions:
RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-218, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2006-218 being a resolution to accept
gifts received by the City of Columbia Heights.
lPK
CounciILetter_Res20(Xj_218_ Gifts.doc
Attachment
COUNCIL ACTION:
RESOLUTION NO. 2006-218
ACCEPT GIFTS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS
WHEREAS, the City Of Columbia Heights has received the following gifts;
DATE DONOR
4/312006 CHRISTOPHER-TOASTMASTERS
6/212006 COLUMBIA HEIGHTS LIONS CLUB
4/312006 COLUMBIA HEIGHTS WOMEN OF TODA Y
9/1 5/2006 COLUMBIA HEIGHTS WOMEN OF TODA Y
8/8/2006 COLUMBIA HEIGHTS ACTIVITY FUND
10/9/2006 COLUMBIA HEIGHTS ACTIVITY FUND
5/1512006 COLUMBIA HEIGHTS ATHLETIC BOOSTERS
8/14/2006 KIWANIS CLUB OF COLUMBIA HEIGHTS
5/24/2006 THE KORDlAK COMPANY
6/2/2006 CRESTVIEW CORPORATION
6/2/2006 FIRST COMMUNITY CREDIT UNION
6/13/2006 COLUMBIA HEIGHTS POST 230
6/16/2006 NORTHEAST BANK
7/10/2006 TWIN CITIES NORTH CHAMBER OF COMMERCE
8/6/2006 AMERICAN LEGION
8/3 I/2006 COLUMBIA HEIGHTS LIONS CLUB
SUBTOTAL FUND 881 CONTRIBUTED PROJECTS - RECREA TJON
4/512006 APPRECIATION NITE FUNDRAISER
4/5/2006 APPRECIATION NITE FUNDRAISER
9/29/2006 VALUES FIRST
6/19/2006 WALMART
7/3/2006 LEVINE/RICHARD
7/24/2006 THE FLANARY GROUP,INC.
4/18/2006 COLUMBIA HEIGHTS POST 230
5/12/2006 COLUMBIA HEIGHTS POST 230
6/23/2006 COLUMBIA HEIGHTS POST 230
8/1 7/2006 COLUMBIA HEIGHTS POST 230
9/15/2006 COLUMBIA HEIGHTS POST 230
10/10/2006 COLUMBIA HEIGHTS POST 230
12/1 0/2005 DU-ALL
8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND
8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND
8/2/2006 COLUMBIA HEIGHTS ACTIVITY FUND
8/22/2006 COLUMBIA HEIGHTS ACTIVITY FUND
SUBTOTAL FlIND 883 CONTRIBUTED PROJECTS - GENERAL
GRAND TOTAL
AMOUNT PURPOSE
150,00 RECREATION
250,00 RECREATION
50.00 RECREATION
100.00 RECREATION
I ,050.00 RECREATION: Piano (noncash)
4,500.00 RECREATION: Light/sound equip (noncash)
650.00 YOUTH ATHLETICS
150.00 YOUTH MURAL
25.00 FIREWORKS
25,00 FIREWORKS
150.00 FIREWORKS
1,000,00 FIREWORKS
100,00 FIREWORKS
100,00 FIREWORKS
500,00 FIREWORKS
700,00 FIREWORKS
9,500.00
550,75 POLICE
550,75 FIRE
169.38 FIRE: Child car seats
1,000.00 LIBRARY: Children's programs
100,00 LIBRARY: Adult books
100,00 LIBRARY: Amercian girl
130,00 PVV RESIDENTS COUNCIL
130,00 PVV RESIDENTS COUNCIL
130,00 PVV RESIDENTS COUNCIL
130,00 PVV RESIDENTS COUNCIL
170,00 PVV RESIDENTS COUNCIL
500,00 SISTER CITIES PROGRAM
375,00 EMPLOYEE ACTIVITY: Event tickets (noncash)
33,880,00 CLOCKTOWER: (noncash)
475,00 CLOCKTOWER: prepaid maintenance (noncash)
4,689,02 CLOCKTOWER: Base materials and labor
2,200.00 CLOCKTOWER: Electrician
45,279.90
54,779.90
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia
Heights accepts these gifts, subject to the donor-prescribed terms listed below:
Passed this 13th day of November, 2006
Offered by:
Seconded by:
Roll Call:
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
Mayor Gary L. Peterson
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: November 13, 2006
AGENDA SECTION: Consent Agenda
NO:
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROV AL
ITEM: Approval of a Conditional Use Permit for
an addition to a senior living facility located at
4444 Reservoir Blvd. Resolution 2006-240.
BY: Jeff Sargent, City Planner
DATE: November 9,2006
BY:
BACKGROUND:
At this time, the applicant is proposing an addition to the Crest View Senior Communities building,
located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the use
of the property as a senior care facility is a Conditional Use. Any time an applicant requests an expansion
to an existing Conditional Use, they must go through the Conditional Use Permit process.
The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home, which
is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing senior
residents additional indoor parking spaces. Currently, some indoor parking space is provided, but
additional garage space is needed.
With a total of287 beds on the campus, coupled with the fact that there is no more than one bed per room,
the required number of parking spaces for the entire campus is 144 stalls. Currently, the entire campus
has 187 outside parking stalls and 17 covered parking stalls on site.
Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the
parking garage. The construction of the new parking garage would require the removal of a fire lane
needed to access a portion of the campus. The Fire Chief stated that a new fire lane would need to be
added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View
Lutheran Home.
RECOMMENDATION: The Planning Commission held a public hearing on November 8, 2006, and
recommended that the City Council approve the minor subdivision and variances, with a 5-0 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-240, there being ample copies available to the public.
Move to adopt Resolution No. 2006-240, approving a Conditional Use Permit for an addition to a senior
living facility at the Crest View Campus, located at 4444 Reservoir Blvd., subject to the conditions stated
in the Resolution.
A h
R I . tv, 2006 240 PI
R
A l'
M . I
ttac ments: eso utlOn o. - , annznJ< eport, pp lcatlOn atena s
COUNCIL ACTION:
RESOLUTION NO. 2006-240
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
CREST VIEW CORPORATION
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to
the City Council requesting a conditional use permit from the City of Columbia Heights at the
following site:
ADDRESS: 4444 Reservoir Boulevard
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3,
Limited Multiple-Family Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on November 8, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character ofthe surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
Resolution No. 2006-240
2
facilities and services.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
that this permit shall become null and void if the project has not been completed within one (1)
calendar vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All required state and local codes will be met and in full compliance.
2. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
3. A fire lane wiii be added, and located no less than 150 feet from the Crest View Lutheran
Home. Plans to be approved by the Fire Chief prior to the issuance of a building permit for
the additions.
Passed this day of November 2006
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-1103
DATE:
November 8, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
Crest View Corporation
LOCATION:
4444 Reservoir Boulevard
REQUEST:
Conditional Use Permit for Senior Living Facility
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, the applicant is proposing an addition to the Crest View Senior
Communities building, located at 4444 Reservoir Boulevard. The property is zoned R-3,
Multiple Family Residential, and the use of the property as a senior care facility is a
Conditional Use. Any time an applicant requests an expansion to an existing
Conditional Use, they must go through the Conditional Use Permit process.
The proposed addition will add a lobby and related renovation for the Crest View
Lutheran Home, which is currently lacking on site. In addition, a new 20-stall parking
garage will be added, allowing senior residents additional indoor parking spaces.
Currently, some indoor parking space is provided, but additional garage space is
needed.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides this area towards High Density Residential. The
addition to the existing senior living facility is a high-density residential use, and is
consistent with the Comprehensive Plan for the area.
Zoning Ordinance
The property is zoned R-3, Multiple Family Residential. The properties to the east and
south are zoned R-1, Low Density Residential. The properties to the west are zone R2-
A, One and Two Family Residential. The properties to the north are the Minneapolis
City of Columbia Heights Planning Commission
Crest View Corporation - Conditional Use Permit
November 8, 2006
Case # 2006-1103
Waterworks Site and Keyes Park.
The R-3 District allows for congregate living facilities, including nursing homes, senior
housing and assisted living facilities with a Conditional Use Permit. When an existing
establishment requests an expansion, an additional Conditional Use Permit is required
to assure that the expansion meets the minimum standards of the District.
Parkinq. The Code requires one (1) parking stall for every two (2) beds in a nursing
home, and one (1) stall per every two (2) units in a senior housing or assisted living
facility. The number of beds on the Crest View Campus is as follows:
Crest View Lutheran Home
The Boulevard Housing with Services
Royce Place Assisted Living & Crest View Care Office
Columbia Village Housing with Services HUD 202
122 Beds = 61 Stalls
75 Beds = 38 Stalls
50 Beds = 25 Stalls
40 Beds = 20 Stalls
Total:
287 Beds = 144 Stalls
With a total of 287 beds on the campus, coupled with the fact that there is no more than
one bed per room, the required number of parking spaces for the entire campus is 144
stalls. Currently, the entire campus has 187 outside parking stalls and 17 covered
parking stalls on site.
The propose plan would reduce the number of outside parking stalls by three (3), but
would increase the number of inside parking stalls by 20. When the project is complete,
the campus as a whole would include 221 parking stalls, meeting the City's minimum
req u irements.
Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the
building and the parking garage. The construction of the new parking garage would
require the removal of a fire lane needed to access a portion of the campus. The Fire
Chief stated that a new fire lane needs to be added to the south of the proposed 20-stall
garage, to be within a minimum 150 feet of the Crest View Lutheran Home.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in
order for the City to grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the
property is located, or is a substantially similar use as determined by the
Zoning Administrator.
The proposed use is specifically mentioned as a Conditional Use in the R-3,
Multiple Family Residential District.
Page 2
City of Columbia Heights Planning Commission
Crest View Corporation - Conditional Use Permit
November 8, 2006
Case # 2006-1103
(b) The use is in harmony with the general purpose and intent of the
comprehensive plan.
The use is in harmony with the general purpose and intent of the
comprehensive plan, as it is High Density Residential..
(c) The use will not impose hazards or disturbing influences on neighboring
properties.
The proposed additions would be appropriate for the existing use of the
buildings. The proposed additions would also meet all required setbacks for
the R-3 District and thus shall not impose hazards or disturbing influences on
neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate
vicinity.
All setback requirements will be met with the proposed additions to the
existing structures. For this reason, the use of the properties in the
immediate vicinity will not be diminished.
(e) The use will be designed, constructed, operated and maintained in a manner
that is compatible with the appearance of the existing or intended character of
the surrounding area.
The proposed addition to the building will not alter the way that the existing
business has been operating throughout its existence. The use will be
designed, constructed and maintained in a proper fashion.
(f) The use and property upon which the use is located are adequately served by
essential public facilities and services.
The use and property upon which the use is located are adequately served by
essential public facilities and services.
(g) Adequate measures have been or will be taken to minimize traffic congestion
on the public streets and to provide for appropriate on-site circulation of
traffic.
The City Engineer has reviewed the proposed plans and did not have any
issues with traffic congestion. Typically, this type of use does not generate an
excess amount of traffic in the area.
Page 3
City of Columbia Heights Planning Commission
Crest View Corporation - Conditional Use Permit
November 8, 2006
Case # 2006-1103
(h) The use will not cause a negative cumulative effect, when considered in
conjunction with the cumulative effect of other uses is the immediate vicinity.
The proposed addition will help facilitate a senior living facility, which is
permitted as a Conditional Use in the District it is located. It is intended that
the use will not cause a negative cumulative effect on the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which
it is located.
The use complies with all other applicable regulations for the district in which
it is located.
RECOMMENDATION
City Staff recommends that the Planning Commission recommend approval of the
proposed addition to the senior living facility.
Motion: The Planning Commission recommends that the City Council approve the
Conditional Use Permit for an addition to the senior living facility located at 4444
Reservoir Boulevard, 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 required state and local codes will be met and in full compliance.
2. All application materials, maps, drawings and descriptive information submitted
with this application shall become part of the permit.
3. A fire lane will be added, and located no less than 150 feet from the Crest View
Lutheran Home. Plans to be approved by the Fire Chief prior to the issuance of
a building permit for the additions.
ATTACHMENTS
· Draft Resolution
· Location Map
· Survey / Site Plan
· Application materials
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LEGAL DESCRIPTION
Beq/fWfng 01 (] pOlrlt on the wesl IlneofReservo/r [ioulevorej In Ihe Cily of Colunblo }-felghts which Is n feel south of
the north line of Section J6, Township JO Norlh RanQe 74 wesl, Ihence west and pD('ollel wllh the sold norlh line of
See Ion ]6' (] dlslance of 8JI.83 feel. flore or less, 100 point 30 feet eost of the west lIne of the Eosl One Elghlh of I.tIe
Nor hwest Quarter of sOld Section 36 and on the eost line McLeod Street Northeast. os IOld oul north and south In
Reservoir Hills: thence south on the east line of solei McLi!od Street Northeast. 0 distance of 5]5 feet: thence east ond
parallel wllh Ihe norlh line of Secl/on 36, Township JO Norlh, Ronge }4 Wesl, (] dIstance of 831,83 feel, non) or leL,
100 pOlnl on Ihe west line of Reservoir Boulevon!: Ihence north on Ihe wesl line of ReservoIr Boulevard. 0 distance of
5 J -'5 . r e e r tor h e po I n I of beg Inn I n q .
Together 11'1 th.
An eosenenl for roadway purposes os conlolned In Ihe Deed
June 17. /992 In Ihe office of I!Je Anoka Counly Recor(fer 0\'
Except Iflg fherefron.
That port of Ihe Norlheast Quorler or Seellon J6, [oWlish/pIQ, POf)qE: 24, Anoku (oun/y. Mlnnesola, e}escrltJcd os
follows' Connenclnq althe North Quarter Corner of said cllon 36, Ihence Soulh 00 (jeqrees 04 !'I1f/utes 12 seconds
West (osHmcd tJCarlfJgJ along the Wesl line of SOld No{'lheosl Ouorler, () (jlstonce of 252,50 feci 10 the North line of the
soulh 315,50 feet of the n6rth 568 00 feel of Ihe Norlheasl Qual' IeI': Ihence Soulh 89 degrees 34 nlnules 34 seconds
E 0'$ f '. 0 Ion 9 5 a I d 11 0 I' I h 1111 e 0 f the so (1 I h J I ~) . .5 0 fee I, 0 d i j Ion ceo r 2,5. 00 [' eel, 1 he () c e So {j t h 52 de q r e e s 45 n /11 ute s I 0
seconds Eosl, 75.17 feet 10 the norlhwest C()fller of 0 2 sl\){y bricK building. Ihence Soulh 00 degrees 16 nlnutes 00
sFiconds lIesl, along !he roce of sold bUilding. 54.00 reel, 10 Ihe Soul!Jwest corner of SOld building: Ihence S'oulh IJ .
de.grees 5J rllnu!es 10 seconds East. .34,}9 ree! to Ihe OCIUdl pC'lnl of IJt!qlnnlnq of /rocl !o be described. thence Sou III 40
degrees 00 nlnu!es 00 seconds Wesl,I06.68 feet, Ihen:~e lIest, 24. reet 10 Ihe west line of sold Nor'theost Quarler,
Itlonce Soulh 00 degrees 04 nlnutes 12 seconds lIest. along SOld wesl line, 10072 feel 10 the soulh line of the north
568,'00 feel of SOld Northeast Quorler:lhence South 89 degrees 34 nlnules ]1 seconds East. olong SOld south line.
208100 feet, thence North 27.38 feet: th~nce North 40 degrees 00 n/nutes 00 seconds' East, 8202 feet.' thence North 50
degrees 00 nlnules 00 seconds Wes!, /67,90 reet .' thence North 89 degrees J4 nrnules ,H seconds Wesl., 28,00 feel 10
G pornt whIch bears North 40 degrees OOnlnules 00 secqnds Eusl {ron the pOint (If boginnlng, thence South 40 deQrefJs
00 I7lnutes 00 seconds West. 17.99 feet 10 the polnl of beglnnlll!)
urlenon! Eosenent doled June 12, 1992. recorded
unenl No, 984JJ9.
October 9, 2006
City of Columbia Heights
Conditional Use Permit
Reason for Request
Crest View Senior Communities
Crest View Lutheran Home - Addition and Renovation
The Boulevard - Garage Addition
1. Written Narrative describing the intended use of the property and justification for
request.
Crest View Senior Communities is requesting the Condition Use Permit to
provide:
a. New Lobby Addition and related Renovation for Crest View Lutheran
Home. The justification is that the new addition will provide lobby and
fellowship space for residents and guests of the facility. Such space is
currently lacking.
b. Ne'vv 20 stall Parking Garage Addition for The Boulevard.
The justification is that the new Garage will allow senior residents
additional indoor parking space. Some indoor parking space is provided,
but additional garage space is needed.
2. Describe any modifications and/or limitations of use that have been made to
insure it's compatibility with the surrounding uses and with the purpose and intent
of the zoning ordinance and comprehensive plan.
a. Current Zoning for the Crest View Campus is R-3 - Multifamily
Residential District. The applicant believes that the proposed project is
compatible with the surrounding uses, the zoning ordinance and the
comprehensive plan.
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Crest View Lutheran
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SHEET 7
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: November 13,2006
AGENDA SECTION: Consent Items
NO: ~., ,
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROV AL
BY:
ITEM: Approval of two setback variances for a
house and two setback variances for a driveway
located at 3806 Jackson Street.
Resolution 2006-239.
BY: Jeff Sargent, City Planner
DA TE: November 9, 2006
BACKGROUND:
At this time, Wade Russell is requesting four (4) variances in association with the construction of a new
house located just south of the house located at 3806 Jackson Street. Two variances are needed for the
placement of the principal structure on the property. They include a 5-foot side yard setback variance to
the north lot line and a IS-foot side yard setback variance to the south lot line, per Code Section 9.109 (C).
The other two variances are needed for the placement of a shared driveway. The two properties will
require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C).
The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width.
Any new improvement to the property would have to meet the minimum side yard setback of 20 feet.
Given this, the current setback requirements would make it impossible for the applicant to building
anything on the property without first obtaining a variance to do so. If this property were located in the
R2-A, One and Two Family Residential District, no variance would be required for the side yard setbacks
for the proposed building.
RECOMMENDATION:
The Planning Commission held a public hearing on November 8, 2006 and recommended that the City
Council approve Conditional Use Permit based on the stated conditions, with a 3-1 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-239, there being ample copies available to the public.
Move to adopt Resolution No. 2006-239, approving the IS-foot side yard setback variance and the 5-foot
corner side yard setback variance for the construction of a new house and two 3-foot side yard setback
variances for the construction of a shared driveway at 3806 Jackson Street, subject to the conditions stated
in the Resolution.
A
R
M 2006 239 PI
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COUNCIL ACTION:
RESOLUTION NO. 2006-239
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR ERIC WADE RUSSELL
WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3806 Jackson Street
LEGAL DESCRIPTION: Lot 14 and 15, Block 85, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback
variance for a new house per Code Section 9.109 (C), a IS-foot side yard setback variance
for a new house per Code Section 9.109 (C), and two 3-foot side yard setback variances for a
new driveway per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on November 8, 2006;
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 ofthe
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 ofland involved, where strict adherence to the
provisions of this Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel ofland
involved and are generally not applicable to other properties within the same zoning
classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been
created by any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
5. The granting of the variance will not be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development or value of property or
improvements in the vicinity.
Resolution No. 2006-239
FURTHER, BE IT RESOLVED, that the attached conditions, 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:
1.
All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
2.
The applicant shall obtain a "Work Within the Right-of-way" permit from the
Engineering Department for the construction of the curb cut for the new driveway.
3.
The garages shall be architecturally compatible to the principal structures,
incorporating similar building materials and colors.
4.
The applicant shall establish a driveway easement agreement for the shared driveway
and record it with Anoka County.
Passed this
day of November 2006
Offered by:
Seconded by:
Roll Call:
Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2006-1102
DATE: November 8, 2006
TO: Columbia Heights Planning Commission
APPLICANT: Eric Wade Russell
LOCATION: 3806 Jackson Street
REQUEST: A 5-foot side yard setback variance to the north, a 15-foot side yard
setback variance to the south for a new house, and two 3-foot side
yard setback variances for a driveway.
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Wade Russell is requesting four (4) variances in association with the
construction of a new house located just south of the house located at 3806 Jackson
Street. Two variances are needed for the placement of the principal structure on the
property. They include a 5-foot side yard setback variance to the north lot line and a 15-
foot side yard setback variance to the south lot line, per Code Section 9.109 (C). The
other two variances are needed for the placement of a shared driveway. Both properties
will require a 3-foot side yard setback variance for the driveway per Code Section 9.109
(C).
The applicant proposes to construct a new house just south of the existing house located
at 3806 Jackson Street. The current legal description of the property in question describes
two separate lots. Because these are buildable lots of record, the applicant is able to split
these parcels through Anoka County, and request the necessary variances through the City
of Columbia Heights. The lots of records are undersized according to today's lot size
requirements in the R-3 District. However, there is a provision in the Zoning Code that
allows the construction of a new principal structure on a buildable lot of record, as long as
the lot of record meets 60% of the minimum lot area or lot width requirements for the
district in which it is located.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and the
proposed use is a single-family residence. The use is consistent with the types of uses
City of Columbia Heights Planning Commission
Eric Wade Russell, Variance
November 8, 2006
Case # 2006-1102
found in Low Density classifications. The proposal will include a new house and garage on
the southern parcel and a new garage for the existing structure on the northern parcel.
ZONING CODE
The property is zoned R-3, Limited Multiple Family Residential District, as are all the
properties in the area. The R-3 District requires the following minimum setback
requirements:
Front yard:
Side yard:
Corner side yard:
Rear yard:
Average Requirement
20 feet
30 feet
25 feet
The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40
feet in width. Any new improvement to the property would have to meet the minimum side
yard setback of 20 feet. Given this, the current setback requirements would make it
impossible for the applicant to building anything on the property without first obtaining a
variance to do so. If this property were located in the R2-A, One and Two Family
Residential District, no variance would be required for the side yard setbacks for the
proposed building.
Code Section 9.106 (B)(4) of the Zoning Code states that a lot of record shall be deemed a
buildable lot provided it has frontage on a public right-of-way and meets the setback and
area requirements for the district in which it is located, or adjusted to conform as follows: a
lot or lot of record upon the effective date of [the code] which is in a residential district and
which doe not meet the requirements of [the code] as to area or width, may be utilized for
single-family detached dwelling purposes provided the measurements of such lot meets
100% of the front yard, side yard and rear yard setback requirements for the district in
which it is located and 60% of the minimum lot area or lot width requirements for the district
in which it is located. The parcel in which the applicant would like to construct a new house
is 40' X 129.15', or 5,166 square feet in area, or 79.5% of the minimum standard. Given
that the lot area requirements are met, the applicant would still require the setback
variances in order for this property to be considered buildable.
FINDINGS OF FACT
The following are required findings that the City Council must make before approving a
variance request:
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 undue hardship.
The hardship for this property is that the property is not wide enough to
accommodate any type of new construction. The minimum setback requirements
Page 2
City of Columbia Heights Planning Commission
Eric Wade Russell, Variance
November 8, 2006
Case # 2006-1102
imposed by the Zoning Code disallow the applicant to construct anything on the
property. For this reason, the applicant is unable to use the land in the same
manner as other residents in the R-3 District.
The topography of the property along the alley is excessive as well. An option that
the applicant has is to orient the garages towards the alley. This would be
extremely difficult to do, as it would require excessive land excavation. Utilizing a
shared driveway for the properties would enable the applicant to construct the
garages without the hardship of extensive excavation.
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.
The subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the
variance is based are unique to all 40-foot lots in the R-3 District. By conducting a
survey of all single-family houses in the R-3 District, it was determined that the
average lot width for these parcels was approximately 51 feet.
3. The difficulty or hardship is caused by the provisions of this article and has not
been created by any person currently having a legal interest in the property.
The provisions of the Zoning Code require setback standards that are too extreme
for this particular piece of property in the R-3 District. In the R2-A District, this
proposed building would not require setback variances. The applicant has not
created the hardship being used to justify the granting of the variance requests.
4. The granting of the variance is in harmony with the general purpose and intent of
the Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density
Residential housing. Improvements on a preexisting low-density parcel are
consistent with the 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.
Granting these variance requests would support the type of housing that the
Comprehensive Plan support. The addition of a new house in the area would be
consistent with the type of housing surrounding it. The addition of a garage for the
existing principal structure would also bring the existing property in more
compliance, as the Zoning Code requires a minimum 20' x 20' garage on all
residential properties.
Page 3
City of Columbia Heights Planning Commission
Eric Wade Russell, Variance
November 8, 2006
Case # 2006-1102
CONCLUSION
After reviewing this variance application, Staff concludes that the setback requirements for
the R-3 District pertaining to one and two family dwellings do not allow the construction of a
single family home. Granting the applicant's variance requests would allow the applicant to
use the property in the same fashion as any other single-family dwelling owners can utilize
theirs in the R-3 District. Staff recommends approval of the variance requests.
RECOMMENDATION
Motion: That the Planning Commission recommend that the City Council approve 5-foot
side yard setback variance and the 15-foot side yard setback variance for the construction
of a new house, and the two 3-foot side yard setback variances for the construction f a new
shard driveway for the property located at 3806 Jackson Street with the following
conditions:
1. All application materials, maps, drawings and other descriptive information
submitted with this application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-of-way" permit from the
Engineering Department for the construction of the curb cut for the new
driveway.
3. The garages shall be architecturally compatible to the principal structures,
incorporating similar building materials and colors.
4. The applicant shall establish a driveway easement agreement for the shared
driveway and record it with Anoka County.
Attachments: Draft resolution, location map, site plan.
Page 4
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CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION:
5.
CONSENT
ORIGINATING DEPARTMENT:
Fire
ITEM: ISSUE RENTAL HOUSING BY:
LICENSE 3810-38123RD
Gary Gorman
CITY
MANAGER
APPROV AL
BY:
NO:
NO:
DATE: November 8, 2006
DATE:
The matter of the revocation of the license to operate a rental unite s) within the City
of Columbia Heights against the following properties for failure to meet the
requirements of the Residential Maintenance Codes has been resolved.
The owner has corrected all violations and paid all fees due.
RECOMMENDED MOTION: Move to issue a rental-housing license to Bob Landucci
to operate the rental property located at 3810-3812 3 rd Street NE in that the provisions of
the residential maintenance code have been complied with.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION:
CONSENT
NO:
ITEM: APPROVE RENTAL HOUSINGjy":
LICENSE APPLICATIONS \
NO: DATE:
'5.A. i
ORIGINATING DEPARTMENT:
Fire
Gary Gorman
CITY
MANAGER
APPROV AL
BY:
November 7, 2006
DATE:
Approval of the attached list of rental housing license applications, in that they have met
the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for November 13, 2006.
COUNCIL ACTION:
Occupany I.D.
10073
10186
20050
30034
30066
30092
30109
30147
20141
10184
1 0094
12190
10141
10166
30163
20108
12076
10167
12140
10150
10161
20177
20216
20101
10169
10176
10093
12145
20137
11/rlAf?()()P;
L1CENSE_Ltr to Approve Licenses 2006
Property Owner Name
Tasks Unlimited Lodges
Lundgren Properties LLC
Deer Meadow Holdings
Midwest Management
Midwest Management
Midwest Management
Northeast Seniors Housing
Poseidon Companies
Laura Alarcon
Henrique Dos Anjos
Natalie Feile
Alma Field
Dave Holt
David Jones
Shah Khan
Wade Klick
Travis Klien
Josephine Masita
Thomas McQuarry
Nixholas Miller
Bernie Nelson
Kelly Phillips
Robert Samaroo
Nelia Schaff
Bradley Schumacher
Riaz Shad
Leland Stauch
Gary Stockwell
Charles Szaflarki
Property Address
1479 LINCOLN
4715 CHATHAM
4657 5TH
2200 39TH
3839 HART
3838 MCKINLEY
3850 Stinson
3925 3RD
4555 WASHINGTON
4647 POLK
4125 Quincy
39483RD
1221 44 1/2
4111 5TH
981 43 1/2
3736 3RD
1204 CHEERY
50166TH
60951ST
3819 VAN BUREN
3911 ULYSSES
4533 WASHINGTON
93942 1/2
1203 CHEERY
3975 JACKSON
184241ST
4311 Royce
683 51 ST
4156 CLEVELAND
11''{7
P~np 1
CITY COUNCIL LETTER
Meeting of: November 13,2006
AGENDA SECTION:
NO:
CONSENT
ORIGINATING DEPT.:
License Department
NO:
APPROVE BUSINESS LICENSE
AGENDA
BY: Shelley Hanson
CITY MANAGER
APPROV AL
DATE:
s: A. 9
DATE: Nov. 8,2006
BY:
BACKGROUND/ANAL YSIS
Attached is the business license agenda for the November 13,2006 City Council meeting. This agenda
consists of applications for Contractor licenses for 2006 and renewals for 2007 .
Also included on the agenda are the renewals for calendar year 2007 that have been received and
approved to date. These include renewals for Cigarette Sales, Off Sale Beer, On/Off Sale Beer,
Liquor, Club Liquor, Fuel Dispensing Devices, Massage License, Secondhand Dealers, Motor Vehicle
Sales, Courtesy Benches, and Games of Skill .
At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonn Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain infonnation cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 13,2006 as presented
regarding the new licenses for 2006 and the renewals for 2007.
COUNCIL ACTION:
TO CITY COUNCIL November 13, 2006
*Signed Waiver FOlm Accompanied Application
2006 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
BLDG
*Boehm Heating
*North Central Plumbing
*ELK Mechanical
*Erickson Plmb & Htg
* Action Htg & AC
*Haussner Plumb LLC
*Harris Co.
* A Trust dba A. Aaron's
Halley's Custom Homes Inc
1598 Selby Ave, S1. Paul
28177 146th St, Zimmerman
6361 Sunfish Lk Ct #100, Ramsey
1471 nnd Ln, Blaine
8140 Arthur St, Spr.Lk Pk
5610 Memorial Ave N, Stillwater
909 Montreal Cir, St Paul
PO Box 712, Chanhassen
1421 E. Wayzata Blvd, Wayzata
****LICENSES FOR 2007****
OFF SALE BEER
*Speedway Superamerica 5000 Central Ave NE
*RBF LLC/Rainbow Foods 4300 Central Ave
*Totem Foods 4635 Central Ave
POL, FIRE, BLDG, ZA
ON/OFF SALE BEER
POL,F, BLDG, ZA
*Dick's Place
547 40th Avenue NE
GAMES OF SKILL
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$150.00
$150.00
$150.00
$550.00
* American Amusement Arcades 2100 96th St W, Mpls $360.00
For Star Bar and Mady's
*Theisen Vending 3800 Nicollet Ave So, Mpls $150.00
For LaCasita, Family $, Laundry World
POLICE
MOTOR VEHICLE SALES
ZA
*David's Auto
573 40th Ave
FUEL DISPENSING DEVICES
FIRE
*Lowell's Auto Repair
*Columbia Hts Rental
*University Auto
4457 University Ave
3901 Central Ave
5057 University Ave
PW
COURTESY BENCHES
*US Bench Corp various locations
$300
$100.00
$50.00
$80.00
$450.00
POL, F,BLDG,ZA
POL, F, BLDG,ZA
POLICE
POL, F, BLDG, ZA
POL,F, BLDGE,ZA
BLDG.
LIQUOR LICENSE
*Mady's Bowling Center 3919 Central Ave
$6,700
CLUB LIQUOR
*VFW #230
4446 Central Ave
$500.00
CIGARETTE SALES
*Univ. Auto Service 5257 University Ave
*Sarna's Tobacco Stores 4329 Central Ave
*Totem Foods 4635 Central Ave
*RBF LLC/Rainbow Foods 4300 Central Ave
*Marina Bar & Grille 4755 Central Ave
* Jerusalem Mkt 4945 Central Ave
Columbia Heights Liquor Stores (3) locations
$300
$300
$300
$300
$300
$300
Fees Waived
SECOND HAND DEALER
* Salvation Army 3929 Central Ave
*Hollywood Video/Game Crazy 4849 Central Ave
$100.00
$100.00
MASSAGE BUSINESSIINDIVIDUAL LICENSE
JD Massage/Jocelyn Dukhorn
4421 2nd St NE
$500/$100
CONTRACTOR'S LICENSES (2007)
*Kath HV AC 3096 Rice St, Little Canada $60.00
*Gene's Sewer & Water 4360 Lyndale Ave No, Mpls $60.00
*Home Energy Center 15200 25th Ave, Plymouth $60.00
*LeRoux Excavating 2104 64th St, Wht Bear Lk $60.00
Automatic Gar Door 8900 109th Ave N, Champlin $60.00
*Wenzel Plmb & Htg 1710 Alexander Rd, Eagan $60.00
*The Plumbing Guys/Local Plumbers PO Box 2066, Burnsville $60.00
5'. /1-10)
CITY OF COLUMBIA HEIGHTS
Fll-.JANCE DEP AR TMENT
COUNCIL :MEETING OF: fJov~ l3f JOtJip
STATE OF MINNESOTA
C01JNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number . I Iq D 7 (
in the amount of$ 2/D~2, 3bfJ. 42.
through \ \ q 3ql
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
ACS FINANCIAL SYSTEM
11/09/2006 10:34:30
Check History
CITY OF COLUMBIA HEIGHTS
GL050S-V06.70 COVERPAGE
GL540R
*******************************************************************************
* * * * C 0 U N C I L * * * *
* * * * C 0 U N C I L * * * *
* * * * C 0 U N C I L * * * *
* * * * C 0 U N C I L * * * *
*******************************************************************************
Report Selection:
Optional Report Title...... .11/13/2006 COUNCIL LISTING
INCLUSIONS:
Fund & Account..
thru
Check Date......
Source Codes........
Journal Entry Dates.
Journal Entry Ids.
Check Number........
Project......... .
Vendor.......... .
Invoice. . . . . . . . . .
Purchase Order...
Bank............ .
Voucher .........
Released Date.
Cleared Date.. ...
thru
thru
thru
thru
119071 thru 119397
thru
thru
thru
thru
thru
thru
thru
thru
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI
J COUNCIL 02 P4 Y S 6
Lines CPI
066 10
CP SP
Y Y
ACS FINANCIAL SYSTEM
11/09/2006 10
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 1
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
ARCH WIRELESS/METROCALL
AYRES/STEPHANIE
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BERLSON IMPORTS
BIFF'S,INC.
BRADLEY REAL ESTATES INC
CAPITOL BEVERAGE SALES L
CHISAGO LAKES DISTRIBUTI
COLUMBIA HEIGHTS I
CURTIS 1000
EXTREME BEVERAGE
FRATTALONE COMPANIES INC
G & K SERVICES
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
HANSON/SHELLY
HENNEPIN TECH COLLEGE
HOHENSTEINS INC
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
LANDWEHR/KELLY
LARKIN/JOHN
LOADER/REBECCA
MARK VII DIST.
MEDICINE LAKE TOURS
MENARDS CASHWAY LUMBER-F
MIDWAY FORD
MINNEAPOLIS SAW CO.
MN DEPART OF ECONOMIC SE
MN DEPT OF ADMINISTRATIO
MORE DISTRIBUTING, INC
NEEHAN FOUNDRY CORP
PETTY CASH - LIZ BRAY
QWEST COMMUNICATIONS
RADIO SHACK
RICOH BUSINESS SYSTEMS
ROYAL TIRE
SULLIVAN/TOM
TDS METROCOM
THE MERMAID ENTERTAINMEN
TRUGREEN CHEMLAWN
VERIZON WIRELESS
WHEELER LANDSCAPE
WW GRAINGER,INC
XCEL ENERGY (N S P)
CITY OF COLUMBIA HEIGHTS
119071
119072
119073
119074
119075
119076
119077
119078
119079
119080
119081
119082
119083
119084
119085
119086
119087
119088
119089
119090
119091
119092
119093
119094
119095
119096
119097
119098
119099
119100
119101
119102
119103
119104
119105
119106
119107
119108
119109
119110
119111
119112
119113
119114
119115
119116
119117
84.19
500.00
93.25
1,368.05
650.00
821. 61
11,885.12
18,048.30
4,462.20
5,581.28
1,790.77
640.00
8,505.00
29.33
3.93
49,317.89
16.02
740.00
3,971.95
26,222.54
9,612.39
36.00
27.47
75.03
11,364.77
3,315.00
106.29
70.50
207.17
1,733.45
507.17
81.00
3,243.99
78.75
116.09
95.82
14 .58
2,070.68
150.00
455.75
329.38
3,164.14
93.67
1,776.97
141.02
4,796.99
131,051.00
ACS FINANCIAL SYSTEM
11/09/2006 10
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 2
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
AMERICAN BOTTLING COMPAN
BELLBOY CORPORATION
CAPITOL BEVERAGE SALES L
CHISAGO LAKES DISTRIBUTI
CLARK/DEB
COCA-COLA BOTTLING MIDWE
CROSSMAN/CHERAY
DEEP ROCK WATER COMPANY
EXTREME BEVERAGE
FIRST STUDENT INC
G & K SERVICES
GARCIA/JUAN
GENUINE PARTS/NAPA AUTO
GOLDEN AGE CLUB
GRIGGS-COOPER & CO
HENRY P HENRY
HOHENSTEINS INC
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
LIEBELT/KIMBERLY
MIYAMOTO/KEIKO
MOELLER/KAREN
MURZYN/JOHN
NORTH HENNEPIN COMMUNITY
PETTY CASH - KAREN MOELL
PETTY CASH - LIZ BRAY
QUALITY WINE & SPIRITS
SHAMROCK GROUP/ACE ICE
SPECIALTY WINES & BEVERA
VERIZON WIRELESS
WINDSCHITL/KEITH
XCEL ENERGY (N S P)
ALESSANDRONI/GARRETT
.z"LMAN/WENDY
BAKER/ARDIS
BELHAJAMMAR/GHARBIA
BIGGERSTAFF/MARGARET
BOESER/LOIS
BOLSTAD/DIANNA
BOQUIST/ELSIE
BOWMAN/PEGGY
BRADY/MARY
BROWNING/SHIRLEY
COPA/KARN
DANIELS/DEBORAH
DAY/LAURIE
DEEGAN/GERALD
119118
119119
119120
119121
119122
119123
119124
119125
119126
119127
119128
119129
119130
119131
119132
119133
119134
119135
119136
119137
119138
119139
119140
119141
119142
119143
119144
119145
119146
119147
119148
119149
119150
119151
119152
119153
119154
119155
119156
119157
119158
119159
119160
119161
119162
119163
119164
96 .68
5,013.54
2,475.45
3,193.72
202.12
1,640.20
29.82
59.84
320.00
249.78
49.71
185.99
139.43
300.00
16,570.56
23.64
727.50
14,940.95
13,247.39
90.00
250.00
86.40
150.00
398.00
196.67
62.61
1,538.02
380.72
806.75
226.32
31.97
16,665.23
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
ACS FINANCIAL SYSTEM
11/09/2006 10
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 3
AMOUNT
BANK CHECKING ACCOUNT
DOONER/LILLIAN
EDGETT/DOLORES
FOSSUM/KATHLEEN
GARDNER/KATHLEEN
GEBREMESKEL/EDEN
GERDIN/SANDRA
GODFREY/LINDA
GORMAN/LOLA MAE
HATELLA/SHARON
HLAVA/PATTY
HOZZA/SHIRLEY
HUPP/PHYLLIS
JOHNSON/LAURIE
JONES/TERRA
JORGENSON/B
JUREK/ANNE
KLEIN/TIMOTHY
KLETZIN/LORRAINE
KNUDSEN/PAUL
KRYDUBA/JOANNE
LANE/DEANNA
LEE/MARCIA
LONG/MICHAEL
LOS IE/DENISE
LUND/BERTHA
MARFIZ/LAURIE
MARTIN/CLARICE
MARTINEZ/ELIZABETH
MARVIN/THOMAS
MASTRO/MARY
MC CANN/STEPHANIE
MEYERS/SYLVIA
MEZZENGA/TIMOTHY
MOHR/DIANE
MULROY/PENNY
NAKIB/SARAH
NELSON/CLARETTE
NELSON/LINDA
NELSON/MEREDITH
NORMAN/ELAINE
O'LEARY/MARGARET
OLSON/GERALD
OSTLUND/LILLIAN
PETERSON/JUDY
PETERSON/LEONA
PFLEGHAAR/SHERRY
PIEPHO/PEGGY
119165
119166
119167
119168
119169
119170
1191 71
119172
1191 73
119174
119175
119176
1191 77
1191 78
119179
119180
119181
119182
119183
119184
119185
119186
119187
119188
119189
119190
119191
119192
119193
119194
119195
119196
119197
119198
119199
119200
119201
119202
119203
119204
119205
119206
119207
119208
119209
119210
119211
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
ACS FINANCIAL SYSTEM
11/09/2006 10
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 4
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
PIERCE/STEVE
PORTLANCE/JOANNE
RESHETAR/SUSAN
RYBAK/PAUL
SALVI/RENEE
SHERIFF/SONJA
SIERZANT/MARY
SMITH/JANICE
STEFFL/DANIEL
SUNDEEN/NANCY
SVITAK/EUGENE
T & K PROPERTIES
THOMPSON/RUTH
TORKELSON/SUSAN
VAVROSKY/DONALD
VECHELL/PATRICIA
VOS/MARIBETH
WALRATH/JUDITH
WANZEK/LOUISE
WENZEL/BERNICE
WIDSTROM/LOVONNE
WIEBER/ROBERT
WILLMAN/MARVIN
WIOSKY/CHARLES
WOOD/OLGA
YORKS/GERALDINE
NORTHEAST BANK
BLOWERS/CAROLE
BRADLEY REAL ESTATES INC
CAPITOL BEVERAGE SALES L
CHISAGO LAKES DISTRIBUTI
CHOICE POINT SERVICES
DEEP ROCK WATER COMPANY
DRS LIVING TRUST,SCOTT A
DTM DISTRIBUTING INC
ESCHELON
FARNER-BOCKEN
FETZER/KELLY
FIELD/MATTHEW
GENUINE PARTS/NAPA AUTO
GORMAN/GARY
GREATER METROPOLITAN HSG
GRIGGS-COOPER & CO
HAUGEN/ROMELLE
HENRY P HENRY
HOHENSTEINS INC
HOSO/SALKO
119212
119213
119214
119215
119216
119217
119218
119219
119220
119221
119222
119223
119224
119225
119226
119227
119228
119229
119230
119231
119232
119233
119234
119235
119236
119237
119238
119239
119240
119241
119242
119243
119244
119245
119246
119247
119248
119249
119250
119251
119252
119253
119254
119255
119256
119257
119258
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
7.61
660,000.00
73.75
1,219.80
34,004.80
6,983.42
168.00
67.26
44,951.16
160.00
157.37
5,904.58
150.00
23.91
365.51
34.48
35,000.00
1,755.15
52.00
500.00
3,176.45
216.28
ACS FINANCIAL SYSTEM
11/09/2006 10
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 5
BANK CHECKING ACCOUNT
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
JOHNSON/TOM
KIWI KAI IMPORTS
LIEBELT/KIMBERLY
MENARDS CASHWAY LUMBER-F
MINNEAPOLIS FINANCE DEPT
MYAS
OFFICE DEPOT
PARTENHEIMER/KIRSTEN
PETERS/SUSAN
PHILLIPS WINE & SPIRITS
PHILLIPS/LA MIA
QUALITY WINE & SPIRITS
SARNA'S INC
STEFFEN/DEBORAH L
STREETAR/ROBERT
VERIZON WIRELESS
VMWARE INC
WARSAME/FADUMO
XCEL ENERGY (N S P)
ZETTERVALL/RACHEL
CITY OF COLUMBIA HEIGHTS
A & C SMALL ENGINE
ABLE HOSE & RUBBER INC
ACE HARDWARE
ALLIED/BFI WASTE SYSTEMS
AMERIPRIDE
ANOKA COUNTY
ANOKA CTY - CENTRAL COMM
ASPEN EQUIPMENT
ASTLE FORD INTERNATIONAL
ATLAS AUTO BODY, INC
BAKER & TAYLOR
BAKER & TAYLOR ENTERTAIN
BLUEMELS TREE SERVICE
BRIN NORTHWESTERN GLASS
BROCK WHITE CO.
BRODART
CAMDEN PET HOSPITAL, INC
CATCO PARTS SERVICE
CCP INDUSTRIES
CENTER POINT ENERGY
CENTRAL LANDSCAPING
CENTRAL RENTAL
CHERNIN/ALEKSANDR
CINTAS FIRST AID-SAFETY
119259
119260
119261
119262
119263
119264
119265
119266
119267
119268
119269
119270
1192 71
119272
119273
119274
119275
119276
119277
119278
119279
119280
119281
119282
119283
119284
119285
119286
119287
119288
119289
119290
119291
1192 92
119293
119294
119295
119296
119297
119298
119299
119300
119301
119302
119303
119304
119305
AMOUNT
'5,408.37
24,090.44
238.71
145.00
25.00
114.70
30.00
3,000.00
69.00
127.36
209.42
42,259.85
200.00
2'5,021.54
64,000.00
51.01
97.90
222.58
51. 22
300.00
134.58
52.00
13'5,716.85
36.58
94.45
78.91
813,805.41
118.40
46.00
1,796.28
'1,254.52
204.91
1,000.00
4,545.97
645.65
27,039.75
11. 41
40.16
215.88
1,168.00
1,258.65
76.60
42.68
46.65
106.48
42.57
443.53
ACS FINANCIAL SYSTEM
11/09/2006 10
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 6
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
CLARK PRODUCTS INC
COLUMBIA HEIGHTS RENTAL
COLUMBIA HEIGHTS VOLUNTE
CONTRACTORS & SURVEYORS
COORDINATED BUSINESS SYS
CRETEX CONCRETE PRODUCTS
DAKOTA COUNTY RECEIVING
DAY-TIMERS, INC.
DELEGARD TOOL CO.
DNR ENTERPRISES
DU ALL SERVICE CONTRACTO
EBSCO PUBLISHING
EGAN OIL COMPANY
EHLERS & ASSOCIATES INC
EMBROIDERY & MORE
EMERGENCY AUTOMOTIVE TEC
FIDELITY SERVICES INC
FLEX COMPENSATION, INC
FRATTALONE COMPANIES INC
G & K SERVICES
GALE GROUP/THE
GASB ORDER DEPT
GENE'S WATER & SEWER INC
GENUINE PARTS/NAPA AUTO
GOODIN CO.
GREEN LIGHTS RECYCLING
GRIFFIN PETROLEUM SERVIC
GROUNDS MAINTENANCE SERV
H & L MESABI
HACH COMPANY
HEIGHTS ELECTRIC INC.
HEIGL TECHNOLOGIES
HOME DEPOT #2802
IDEAL ADVERTISING INC.
INDUSTRIAL MACHINERY CO
INTEGRATED LOSS CONTROL
IPC PRINTING
KENNEDY & GRAVEN
KLEIN UNDERGROUND LLC
LEAGUE OF MINNESOTA CITI
LEAGUE OF MN CITIES INS
MAC QUEEN EQUIPMENT CO.
M}\RCO, INC
MEDICS TRAINING INC
MENARDS CASHWAY LUMBER-F
METRO FIRE, INC
MIDWAY FORD
119306
119307
119308
119309
119310
119311
119312
119313
119314
119315
119316
119317
119318
119319
119320
119321
119322
119323
119324
119325
119326
119327
119328
119329
119330
119331
119332
119333
119334
119335
119336
119337
119338
119339
119340
119341
119342
119343
119344
119345
119346
119347
119348
119349
119350
119351
119352
189.33
40.67
103,739.00
1,102.29
1,106.24
319.50
63.00
47.06
114.76
1,548.09
9,293.69
3,325.23
16,494.10
8,470.54
158.18
1,765.60
5,150.86
162.75
138,460.89
1,738.08
194.21
26.40
1,566.30
741.77
89.41
565.08
15.93
1,271.25
674.15
160.92
252.89
55.00
537.87
390.00
81.81
352.00
437.60
5,526.25
1,750.98
11,903.00
41,003.50
1,195.81
106.00
450.00
575.51
296.46
480.94
ACS FINANCIAL SYSTEM
11/09/2006 10
BANK
VENDOR
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
BANK CHECKING ACCOUNT
MIDWEST ASPHALT CO.
MINNEAPOLIS OXYGEN CO.
MINNEAPOLIS SAW CO.
MN SECRETARY OF STATE
MN SPRING & SUSPENSION
NAGELL APPRAISAL, INC
NATIONAL WATERWORKS, INC
NORTHEASTER
NORTHERN WATER WORKS SUP
OFFICE DEPOT
ONE-CALL CONCEPT-GOPHER
ORKIN
PC SOLUTIONS
PEPSI-COLA-7 UP
PERFORMANCE OFFICE PAPER
PETE'S WATER & SEWER INC
PROSOURCE TECHNOLOGIES I
QUICKSILVER EXPRESS COUR
RANDOM HOUSE, INC
RICOH BUSINESS SYSTEMS
ROYAL TIRE
RYDBERG/SCOTT
S & T OFFICE PRODUCTS IN
SHORT ELLIOT HENDRICKSON
STAPLES BUSINESS ADVANTA
STAR TRIBUNE
STOFFEL SEALS CORPORATIO
SUN PUBLICATION
TASER INTERNATIONAL
TERMINAL SUPPLY CO, INC
THE CLEAN TEAM
TOTAL DIAGNOSTIC SALES I
TRANS-ALARM INC
TRUGREEN CHEMLAWN
TWIN CITIES TRANSPORT &
VERIZON WIRELESS
VIKING ELECTRIC SUPPLY
VIKING SEWER & DRAIN SER
VOSS LIGHTING
WELLS FARGO BANK
WERNER ELECTRIC SUPPLY C
WW GRAINGER,INC
XCEL ENERGY (N S P)
ZARNOTH BRUSH WORKS, INC
ZIEGLER INC
119353
119354
119355
119356
119357
119358
119359
119360
119361
119362
119363
119364
119365
119366
119367
119368
119369
119370
119371
119372
119373
119374
119375
119376
119377
119378
119379
119380
119381
119382
119383
119384
119385
119386
119387
119388
119389
119390
119391
119392
119393
119394
119395
119396
119397
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 7
AMOUNT
7,180.50
11.89
116.43
125.00
131.00
900.00
642.65
984.00
627.64
406.44
407.25
62.82
540.00
439.50
441.29
2,970.00
14,790.82
48.65
303.30
378.74
2,440.59
45.00
279.45
1,909.16
713 .02
39.12
415.35
246.43
225.00
17.86
95.00
143.00
504.44
97.58
266.14
61.00
492.79
262.50
43.45
8,386.91
17.43
513.21
71.60
333.13
128.36
2,032,360.42 ***
ACS FINANCIAL SYSTEM
11/09/2006 10
BANK
VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 8
Check History
11/13/2006 COUNCIL LISTING
CHECK NUMBER
AMOUNT
2,032,360.42
RECORDS PRINTED - 001241
ACS FINANCIAL SYSTEM
11/09/2006 10:34:33
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.70 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION
101
201
202
212
226
240
250
261
265
376
415
418
420
481
601
602
603
604
609
651
652
701
720
881
883
884
885
886
887
DISBURSEMENTS
GENERAL
COMMUNITY DEVELOPMENT FUND
ANOKA COUNTY CDBG
STATE AID MAINTENANCE
SPECIAL PROJECT REVENUE
LIBRARY
COL HGHTS AFTER SCHOOL ENRI
TWENTY-FIRST CENTURY GRANT
CONFISCATED/FORFEITED PROP
TAX INCREMENT BONDS
CAPITAL IMPRVMT - PIR PROJ
COMMUNITY CTR CAPITAL BLDG
CAP IMPROVEMENT-DEVELOPMENT
ANOKA JLEC:POLICE COMPTR EQP
WATER UTILITY
SEWER UTILITY
REFUSE FUND
STORM SEWER UTILITY
LIQUOR
WATER CONSTRUCTION FUND
SEWER CONSTRUCTION FUND
CENTRAL GARAGE
DATA PROCESSING
CONTRIBUTED PROJECTS-REC
CONTRIBUTED PROJECTS-GEN
INSURANCE
PAYROLL FUND
INVESTMENT FUND
FLEX BENEFIT FUND
207,010.25
3,722.69
64,000.00
339.35
35,000.00
11,437.39
36.00
720.52
346.27
1,750.00
163,945.29
5,791.16
64,656.24
1,254.56
4,769.21
7,381.54
89,370.49
236.59
360,281.26
2,133.20
883.12
36,810.97
1,268.82
236.40
45.00
42,003.50
253,161.02
660,000.00
13,769.58
2,032,360.42
TOTAL ALL FUNDS
BANK RECAP:
BANK NAME
DISBURSEMENTS
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
2,032,360.42
2,032,360.42
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: November 13,2006
AGENDA SECTION: PUBLIC HEARINGS
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROVAL
NO:
ITEM: 2nd Reading: Ordinance 1515, Zoning
Amendment to the Zoning Code as it Relates to
the GB, General Business District and Auto
Lots.
BY: Jeff Sargent, City Planner
DATE: November 9, 2006
BY:
BACKGROUND
The proposed changes to the zoning code would essentially permit, as a Conditional Use, the sale of new
and used cars throughout the General Business District (GB), subject to certain conditions. The most
notable change would be the requirement for newly created used car lots to display the vehicles in an
enclosed building. The following changes would be made to the GB, General Business District.
GB, General Business
. New car dealerships as stand-alone businesses would be allowed with up to 30% of the
vehicles sold on a new car lot being used vehicles.
. Used car dealerships as stand-alone businesses would be allowed, as long as they are
located in an enclosed building.
RECOMMENDATION: The City Council reviewed the first reading of this proposed Ordinance, which
included the addition of a second GB zoning District, called GB-A, General Business - Automotive. The
Council recommended that the GB-A District not be included in the proposed zoning amendment. At this
time, staff recommends the outlined changes to the GB, General Business District only.
RECOMMENDED MOTION:
Move to waive the reading of Ordinance No. 1515, being ample copies available to the public.
Move to adopt Ordinance No. 1515, being an ordinance amending Ordinance No. 1490 City Code of
2005, adopting the proposed zoning amendments.
Attachments: Ordinance No. 1515 (2nd Reading), P+ Z Memo
COUNCIL ACTION:
ORDINANCE NO. 1515
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby
amended to read as follows:
~ 9.103 DEFINITIONS.
AUTO AND TRUCK SALES LOT, USED: Any land used or occupied for the purpose
of buying and selling secondhand passenger cars or trucks, and the storing of such
vehicles prior to sale.
AUTOMOBILE, USED: Any secondhand, previously owned passenger vehicle, car, or
truck.
Chapter 9, Article I, Section 9.107 (C)(6) of the Columbia Heights City Code, which
currently reads to wit:
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific Development Standards. The following uses are subject to specific
development standards:
(6). Automobile Sales/Rental.
(a) The use shall be served by a major collector or higher classification or
roadway.
(b) Outdoor vehicle display areas shall meet the setback requirements for
a principal structure in the zoning district in which the use is located.
(c) Outdoor vehicle display areas within the public right-of-way are
prohibited.
(d) A landscape buffer with a minimum depth of 10 feet shall be installed
and maintained along all abutting public rights-of-way.
(e) Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
(f) Outdoor vehicle display shall be in an orderly fashion, with access
aisles provided as needed.
(g) Music or amplified sounds shall not be audible from adjacent
residential properties.
(h) Outdoor vehicle display shall not reduce the amount of off-street
parking provided on site below the level required for the principal use.
(i) An appropriate transition area between the use and adjacent property
shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
U) Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of
fuel for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas, and fumes.
Such vents shall be located a minimum of ten (10) feet above grade
and shall be directed away from residential uses. All storage tanks
shall be equipped with vapor-tight fittings to eliminate the escape of
gas vapors.
Is thereby amended to read as follows:
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific Development Standards. The following uses are subject to specific
development standards:
(6). Automobile Sales/Rental, New.
(a) The use shall be served by a major collector or higher classification or
roadway.
(b) Outdoor vehicle display for used cars shall be limited to thirty percent
(30%) of the total outdoor display area for a new car dealership. The
display area shall be defined as the total number of parking spaces
devoted to the sale of vehicles only, not including the required off-
street parking spaces needed for the public and employees.
(c) Outdoor vehicle display areas shall meet the setback requirements for
a principal structure in the zoning district in which the use is located.
(d) Outdoor vehicle display areas within the public right-of-way are
prohibited.
(e) A landscape buffer with a minimum depth of 10 feet shall be installed
and maintained along all abutting public rights-of-way.
(f) Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
(g) Outdoor vehicle display shall be in an orderly fashion, with access
aisles provided as needed. The storage of inoperable, junk vehicles
and vehicles with expired tabs is prohibited.
(h) Music or amplified sounds shall not be audible from adjacent
residential properties.
(i) Outdoor vehicle display shall not reduce the amount of off-street
parking provided on site below the level required for the principal use.
(j) An appropriate transition area between the use and adjacent property
shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of
fuel for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas, and fumes.
Such vents shall be located a minimum of ten (10) feet above grade
and shall be directed away from residential uses. All storage tanks
shall be equipped with vapor-tight fittings to eliminate the escape of
gas vapors.
Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code, IS thereby
amended to include the following insertion at Section 9.107 (C) (7):
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(C) Specific Development Standards. The following uses are subject to specific
development standards:
(7) Automobile Sales/Rental, Used.
a) The use shall be served by a major collector or higher classification or
roadway.
b) An open-aired used car lot as a stand-alone business is prohibited.
c) Used cars may be sold as a stand-alone business if the business IS
contained within a building.
d) Used cars may not be sold accessory to businesses other than new car
dealerships.
e) Outdoor vehicle display areas shall meet the setback requirements for a
principal structure in the zoning district in which the use is located.
f) Outdoor vehicle display areas within the public right-of-way are
prohibited.
g) A landscape buffer with a minimum depth of 10 feet shall be installed and
maintained along all abutting public rights-of-way.
h) Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
i) Outdoor vehicle display shall be in an orderly fashion, with access aisles
provided as needed. The storage of inoperable, junk vehicles and vehicles
with expired tabs is prohibited.
j) Music or amplified sounds shall not be audible from adjacent residential
properties.
k) Outdoor vehicle display shall not reduce the amount of off-street parking
provided on site below the level required for the principal use.
1) An appropriate transition area between the use and adjacent property shall
be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of fuel
for the automobiles maintained on site, the. use shall employ best
management practices regarding the venting of odors, gas, and fumes.
Such vents shall be located a minimum of ten (10) feet above grade and
shall be directed away from residential uses. All storage tanks shall be
equipped with vapor-tight fittings to eliminate the escape of gas vapors.
**NOTE** The existing subdivision ~ 9.107 (C) (7) and all other subsequent
subdivisions: ~ 9.107 (C) (8-42) shall be renumbered accordingly.
Chapter 9, Article I, Section 9.110 (E)(3) of the Columbia Heights City Code, which
currently reads to wit:
~ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business
(3) Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the GB, General Business District, subject to the
regulations set forth for conditional uses in S 9.1 04, Administration and
Enforcement, and the regulations for specific uses set forth in S 9.107,
Specific Development Standards:
(a) Government maintenance facility.
(b) Arcade.
(c) Automobile sales/rental, new and used.
(d) Recreational vehicle sales, new or used.
(e) Firearms dealer/Shooting range.
(f) Hospital.
(g) Outdoor sales or display.
(h) Outdoor storage.
(i) Parking Ramp.
G) Assembly, manufacturing and/or processing.
(k) Printing and/or publishing.
(1) Consignment/Secondhand store.
(m)Club or lodge.
(n) Currency exchange.
(0) Pawnshop.
(p) Drop-in facility.
Is thereby amended to read as follows:
~ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business
(3) Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the GB, General Business District, subject to the
regulations set forth for conditional uses in S 9.104, Administration and
Enforcement, and the regulations for specific uses set forth in S 9.107,
Specific Development Standards:
(a) Government maintenance facility.
(b) Arcade.
(c) Automobile sales/rental, new.
(d) Automobile sales, used (in building).
(e) Recreational vehicle sales, new.
(f) Recreational vehicle sales, used (in building).
(g) Firearms dealer/Shooting range.
(h) Hospital.
(i) Outdoor sales or display.
G) Outdoor storage.
(k) Parking Ramp.
(1) Assembly, manufacturing and/or processing.
(m)Printing and/or publishing.
(n) Consignment/Secondhand store.
(0) Club or lodge.
(p) Currency exchange.
(q) Pawnshop.
(r) Drop-in facility.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
DRAFT ORDINANCE NO. 1515
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005, RELATING TO THE GB, GENERAL BUSINESS DISTRICT
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to
include the following additions:
~ 9.103 Definitions.
Auto and Truck Sales Lot, Used: Any land used or occupied for the purpose of
buying and selling secondhand passenger cars or trucks, and the storing of such
vehicles prior to sale.
Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or
truck.
~ 9.107 SPECIFIC DEVELOPMENT STANDARDS
(C) Spec(fic Development Standards. The following uses are subject to specific
development standards.
(6) Automobile Sales/Rental, New.
(a) The use shall be served by a major collector or higher classification or
roadway.
(b) Outdoor vehicle display for used cars shall be limited to thirty
percent (30%) of the total outdoor display area for a new car
dealership. The display area shall be defined as the total number
of parking spaces devoted to the sale of vehicles only, not including
the required off-street parking spaces needed for the public and
employees.
fl3j( c) Outdoor vehicle display areas shall meet the setback requirements
for a principal structure in the zoning district in which the use is
located.
(ej(d) Outdoor vehicle display areas within the public right-of-way are
prohibited.
tet( e) A landscape buffer with a minimum depth of 10 feet shall be
installed and maintained along all abutting public rights-of-way.
~(f) Outdoor vehicle display shall be within a designated area that is
hard-surfaced.
Ef)(g)Outdoor vehicle display shall be in an orderly fashion, with access
aisles provided as needed. The storage of inoperable, junk
vehicles and vehicles with expired tabs is prohibited.
Egj(h) Music or amplified sounds shall not be audible from adjacent
residential properties.
W(i) Outdoor vehicle display shall not reduce the amount of off-street
parking provided on site below the level required for the principal
use.
W(D An appropriate transition area between the use and adjacent property
shall be provided by landscaping, screening or other site
improvements consistent with the character of the neighborhood.
Ej1(k)Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of
fuel for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas, and
fumes. Such vents shall be located a minimum of ten (10) feet above
grade and shall be directed away from residential uses. All storage
tanks shall be equipped with vapor-tight fittings to eliminate the
escape of gas vapors.
(7) Automobile SaleslRental, Used.
a) The use shall be served by a major collector or higher classification or
roadway.
b) An open-aired used car lot as a stand-alone business is prohibited.
c) Used cars may be sold as a stand-alone business if the business is
contained within a building.
d) Used cars may not be sold accessory to businesses other than new car
dealerships.
e) Outdoor vehicle display areas shall meet the setback requirements for
a principal structure in the zoning district in which the use is located.
f) Outdoor vehicle display areas within the public right-of-way are
prohibited.
g) A landscape buffer with a minimum depth of 10 feet shall be installed
and maintained along all abutting public rights-of-way.
h) Outdoor vehicle display shall be within a designated area that is hard-
surfaced.
i) Outdoor vehicle display shall be in an orderly fashion, with access
aisles provided as needed. The storage of inoperable, junk vehicles
and vehicles with expired tabs is prohibited.
j) Music or amplified sounds shall not be audible from adjacent
residential properties.
k) Outdoor vehicle display shall not reduce the amount of off-street
parking provided on site below the level required for the principal
use.
I) An appropriate transition area between the use and adjacent property
shall be provided by landscaping, screening or other site
improvements consistent with the character of the neighborhood.
m) Fuel pumps for the purpose of retail sale and dispensing of fuel to the
general public shall be prohibited. If the use includes dispensing of
fuel for the automobiles maintained on site, the use shall employ best
management practices regarding the venting of odors, gas, and fumes.
Such vents shall be located a minimum of ten (10) feet above grade
and shall be directed away from residential uses. All storage tanks
shall be equipped with vapor-tight fittings to eliminate the escape of
gas vapors.
**NOTE** The subsequent subdivisions: ~ 9.107 (C) (7-42) shall be renumbered
accordingly.
Chapter 9, Article I, Section 9.110 (E) of the Columbia Heights City Code, is proposed to
include the following additions and deletions.
~ 9.110 COMMERCIAL DISTRICTS
(E) GB, General Business
(3) Conditional Uses. Except as specifically limited herein, the following uses
may be allowed in the GB, General Business District, subject to the
regulations set forth for conditional uses in 9 9.1 04, Administration and
Enforcement, and the regulations for specific uses set forth in 9 9.107,
Specific Development Standards:
(a) Government maintenance facility.
(b) Arcade.
(c) Automobile sales/rental, new and used.
(d) Automobile sales, used (in building).
EG1( e) Recreational vehicle sales, new or used.
(f) Recreational vehicle sales, used (in building).
Eej(g) Firearms dealer/Shooting range.
tf)(h) Hospital.
Egj(i) Outdoor sales or display.
Eh)(j) Outdoor storage.
fij(k) Parking Ramp.
ffi(l) Assembly, manufacturing and/or processing.
W(m) Printing and/or publishing.
fl1(n) Consignment/Secondhand store.
~(o) Club or lodge.
W(p) Currency exchange.
(e1( q) Pawnshop.
@)(r) Drop-in facility.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading:
Second Reading:
Date of Passage:
,2006
,2006
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2006-1001
DATE:
October 3, 2006
TO:
Columbia Heights Planning Commission
APPLICANT:
City of Columbia Heights
REQUEST:
Zoning Amendment to the Zoning Code as it relates to Auto
Lots in the General Business District
PREPARED BY:
Jeff Sargent, City Planner
BACKGROUND:
The City Council has expressed concerns regarding the sale of vehicles, particularly
used cars along the Central Avenue. In response to this concern, the Council
implemented a moratorium on used car lots and directed City Staff to study the situation
and offer a viable solution to the problem. On February 14, 2006, the Auto Lot
Moratorium expired, and the City Council adopted an ordinance requiring a Conditional
Use Permit for all new auto sales lots within the GB, General Business District.
Subsequently, the City Council directed staff to further refine the ordinance, placing
restrictions on used car lots in the City. City Staff has prepared a proposed amendment
to the zoning ordinance to respond to the Council's directive.
The proposed changes to the zoning code would essentially permit, as a Conditional
Use, the sale of new and used cars throughout the General Business District (GB). The
amendment would also rezone the General Business properties along University
Avenue to General Business Automotive (GB-A). The following would be permitted in
each outlined District through the Conditional Use Permit process:
GB, General Business
. New car dealerships as stand-alone businesses. (Up to 30% of the
vehicles sold on a new car lot could be used vehicles).
. Used car dealerships as stand-alone businesses, as long as they are
located in an enclosed building.
City of Columbia Heights Planning Commission
Text Amendment, Auto Lots
October 3, 2006
Case # 2006-1001
GB-A, General Business - Automotive
. New car dealerships as stand-alone businesses. (Up to 30% of the
vehicles sold on a new car lot could be used vehicles).
. Used car dealerships as stand-alone businesses.
CONSISTENCY WITH COMPREHENSIVE PLAN:
The proposed zoning amendment would rezone all the parcels along University Avenue
that are currently zoned GB, General Business, to GB-A, General Business -
Automotive. The rezoning will establish a new zoning district that would allow for the
stand-alone business sale of new and/or used vehicles, with all other aspects of the
current zoning classification remaining the same. For this reason, the Comprehensive
Plan would not be altered, and the proposed zoning amendment would be consistent to
the Comprehensive Plan.
FINDINGS OF FACT:
The City Council shall make the following findings before granting approval of a request
to amend the City Code. These findings are as follows:
a) The amendment is consistent with the comprehensive plan.
The amendment is consistent with the Comprehensive Plan because the
proposed code amendment only changes auto lot sales from a permitted to a
conditional use.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed amendment would allow the sale of new and used cars with a
Conditional Use Permit. The proposed amendment also adds certain
conditions for approval to improve the aesthetic appearance of the lots,
benefiting the public at large.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible
with the proposed zoning classification.
The zoning amendment does not change the use currently permitted, but
changes auto sales from a permitted to conditional use.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
Page 2
City of Columbia Heights Planning Commission
Text Amendment, Auto Lots
October 3, 2006
Case # 2006-1001
the general area of the property in question, which has taken place since
such property was placed in its current zoning classification.
Prior to this proposed amendment, auto sales were a permitted use In the
GB, General Business District. Consequently, business owners specializing
in auto sales established used auto lots in areas of the City that detracted
from the aesthetic values of the City.
RECOMMENDATION:
City Staff recommends that the Planning and Zoning Commission recommend approval
of the proposed zoning amendment as outlined in the attached draft ordinance. This
ordinance amendment would limit the establishment of used car lots throughout the City
and would require a Conditional Use Permit for all new and used car lots.
Motion: The Planning Commission recommends that the City Council approve the text
amendments as outlined in the attached draft ordinance.
Attachments
. Draft Ordinance
. Amended zoning map
Page 3
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: November 13,2006
AGENDA SECTION PUBLIC HEARINGS
NO:
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROY AL
ITEM: Approval of a Comprehensive Plan
Amendment, 1 st Reading: Ordinance 1519 for the
Rezoning of Property , and a Preliminary lat for 2 01
- 37th Avenue
BACKGROUND: At this time, Pratt Ordway, LLC is requesting a Comprehensive Plan Amendment to reguide a
portion of the subject property from Commercial to High Density Residential, a Zoning Amendment to rezone a
portion of the subject property from GB, General Business to R-3, Limited Multiple Family Residential, and a
Preliminary Plat approval.
BY: Jeff Sargent, City Planner
DA TE: November 9, 2006
k
BY:
The Comprehensive Plan guides the property at 21 01 - 3 7U1 Avenue "Commercial". Consequently, the proposed use
of the land would not meet the intent of the Comprehensive Plan. Therefore, the property needs to be reguided to
High Density Residential to allow for an assisted living facility. For this reason, the applicant is requesting a
Comprehensive Plan Amendment to reguide the northern parcel from "Commercial" to "High Density Residential".
It should be noted that the parcel just north of the subject property is also guided towards High Density Residential
in the Comprehensive Plan.
The property at 2101 - 37'h A venue is currently zoned GB, General Business. As part of the overall request for the
use of the land, the applicant would like to rezone the northern 2.47 acres of the property to R-3, Limited Multiple
Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would
enable Comforts of Home to locate on the parcel with a Conditional Use Permit.
The applicant is proposing the split the subject property located at 210 I - 3 7'h Avenue into two parcels. The
northern parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living facility to be
constructed and managed by Comforts of Home. The southern parcel will be constructed as a commercial pad, and
could possibly be the future site of a municipal liquor store.
RECOMMENDATION: The Planning Commission held a public hearing on November 8, 2006, and
recommended approval of the Comprehensive Plan Amendment, Rezoning, and Preliminary plat with a 5-0 vote.
RECOMMENDED MOTIONS:
Move to waive the reading of Resolution 2006-241, there being ample copies available to the public.
Move to adopt Resolution No. 2006-241, approving a Comprehensive Plan Amendment to reguide a specific area of
land from GB, General Business to R-3, Limited Multiple Family Residential, for the property located at 21 01 - 37th
A venue.
Move to waive the reading of Ordinance No. 1519, being ample copies available to the public.
Move to set the second reading of Ordinance No. 1519 for Monday, November 27,2006 at approximately 7:00 p.m.
in the City Council Chambers.
Move to waive the reading of Resolution 2006-242, there being ample copies available to the public.
Move to adopt Resolution 2006-242, approving the preliminary plat, subject to the 15 stated conditions as approved
by the Planning Commission.
Attachments: Draft Res. 2006-241, Draft Ord. 1519, Draft Res. 2006-242. P+Z Report. Application materials.
COUNCIL ACTION:
RESOLUTION 2006-241
CITY OF COLUMBIA HEIGHTS, MINNESOTA
A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE
PROPERTY LOCATED AT 2101 - 37TH AVENUE NE, IN THE CITY OF COLUMBIA HEIGHTS.
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject
property in the Comprehensive Plan does not allow the flexibility needed to accommodate successful redevelopment
in accordance with the proposed development; and
WHEREAS, the proposed development is consistent with the description of the High Density Residential District;
and
WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units plus
per acre, with higher densities in locations with convenient access to transportation corridors and the proposed
development consists of congregate housing, in which the zoning code allows the proposed 23 units per acre; and
WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as
reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail
and services, using High Density Residential zoning, and supporting a healthy living environment; and
WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on
Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and
BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review
the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use
designation for the subject properties from Commercial to High Density Residential.
Passed this _ day of
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
Attest:
Patricia Muscovitz, Deputy City Clerk
ORDINANCE 1519
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE
NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT
2101 - 37TH AVENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City
to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow
the flexibility needed to accommodate successful redevelopment in accordance with the proposed
development; and
WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides
flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use;
and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX,
and is in the public interest and not solely for the benefit of a single property owner; and
WHEREAS, the zoning classification of the property for the proposed development is compatible with the
proposed R-3, Limited Multiple Family Residential classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of
the proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
RESOLUTION NO. 2006-242
RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION
WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City
Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the
following site:
ADDRESS: 2101 37th Avenue NE
EXISTING LEGAL DESCRIPTION: On File at City Hall
PROPOSED LEGAL DESCRIPTION: TBA
THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION.
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of
the community and its Comprehensive Plan, as well as any concerns related to traffic, property
values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the
required public hearing on this proposal on November 8, 2006.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The proposed preliminary plat conforms to the requirements of 99.114.
2. The proposed subdivision is consistent with the Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good planning and site engineering design principles
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information
shall become part of this subdivision approval.
CONDITIONS:
1. The development agreement must reflect an agreement between the City and the developer
on what utilities and streets within the project will be the City's long-term maintenance and
repair responsibilities.
2. The Plat should identify the name of the proposed development.
3. All construction traffic must be controlled and shall be directed through the vehicle tracking
pads, as indicated on the SWPPP plan.
4. The City standard for drive entrances is a concrete apron matching the concrete curb and
gutter.
5. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts,
provide a concrete cross gutter.
6. All erosion control measures shall be installed and inspected by the City prior to any site
activities beginning.
7. Any site grading prior to final plat approval will require an excavation permit, obtained from
the Engineering department.
8. An NPDES permit will be required, at the time of construction. The City also reserves the
right to require additional erosion control measures during construction, as conditions
warrant.
9. All restoration of turf areas in the Public Right -of- Way (RO W) shall be by four (4) inches of
topsoil! sodding.
10. All work within Public ROW shall be inspected by the City Engineering Department.
Twenty four (24) hour advance notice of an inspection is required.
11. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia
Heights specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate
permit for surface water management.
Passed this _ day of November 2006
Offered by:
Seconded by:
Roll Call: Ayes:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2006-1104
DATE: November 8, 2006
TO: Columbia Heights Planning Commission
APPLICANT: Pratt Ordway, LLC
LOCATION: 2101 - 3ih Avenue
REQUEST: Comprehensive Plan Amendment, Zoning Amendment, and
Preliminary Plat Approval.
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Pratt Ordway, LLC is requesting three (3) approvals in association with the
construction of a senior assisted living facility. They are as follows:
1. A Comprehensive Plan Amendment to reguide a portion of the subject property
from Commercial to High Density Residential.
2. A Zoning Amendment to rezone a portion of the subject property from GB.
General Business to R-3, Limited Multiple Family Residential.
3. A Preliminary Plat approval.
The project in its entirety will require the following approvals: A Comprehensive Plan
Amendment, a Zoning Amendment, a Preliminary Plat, a Final Plat, a Site Plan Approval,
and a Conditional Use Permit. It is intended that the applicant will apply for all of these
within a 60 to gO-day time period.
The applicant is proposing the split the subject property located at 21 01 - 3ih Avenue into
two parcels. The northern parcel will be approximately 2.47 acres and will be the location
of a 58-unit assisted living facility to be constructed and managed by Comforts of Home.
Comforts of Home is an established company and currently operates assisted living
communities in Hugo and Blaine, and nine (g) communities in Wisconsin. There are also
communities in White Bear Lake, Cottage Grove, Forest Lake, North Branch, Lino Lakes
and Maplewood in development. Comforts of Home provides various types of senior
housing and levels of care to its customers, but will focus on an assisted living facility in
Columbia Heights.
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
November 8, 2006
Case # 2006-1104
The proposed Comforts of Home building will incorporate a Montessori school as well. The
school will be run independently from the assisted living facility, and will be located on the
north end of the building.
The southern parcel will be approximately one (1) acre in size. This property will be a
commercial pad and possibly the location of a new City-owned liquor store.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides the property at 2101 - 3ih Avenue "Commercial".
Consequently, the proposed use of the land would not meet the intent of the
Comprehensive Plan. Therefore, the property needs to be reguided to High Density
Residential to allow for an assisted living facility. For this reason, the applicant is
requesting a Comprehensive Plan Amendment to reguide the northern parcel from
"Commercial" to "High Density Residential". It should be noted that the parcel just north of
the subject property is also guided towards High Density Residential in the Comprehensive
Plan.
Zoning Ordinance
The property at 2101 - 3ih Avenue is currently zoned GB, General Business. As part of
the overall request for the use of the land, the applicant would like to rezone the northern
2.47 acres of the property to R-3, Limited Multiple Family Residential. This zoning
classification is consistent with abutting property zoning classifications, and would enable
Comforts of Home to locate on the parcel with a Conditional Use Permit.
The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet
of land area for every one (1) unit for a congregate living facility. The proposed assisted
living facility will have 58 units, requiring a minimum of 23,200 square feet of land. The
proposed land area for the parcel will be 107,593 square feet, meeting the minimum land
area requirement for the district.
FINDINGS OF FACT
Zoning Amendment
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make
each of the following findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
The proposed zoning amendment will rezone a portion of the subject property from
GB, General Business, to R-3, Limited Multiple Family Residential. The applicant is
concurrently requesting a Comprehensive Plan Amendment, which would make the
Page 2
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
November 8, 2006
Case # 2006-1104
proposed zoning amendment consistent with the new Comprehensive Plan
designation of High Density Residential.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed zoning amendment would rezone a parcel of land for the proposed
use of a senior assisted living facility. This type of use would be a benefit to the
general public. The Comprehensive Plan indicates a housing goal of life-cycle
housing available to the public. It also encourages the City to ensure that the
community's elderly residents and residents with special needs have safe, sanitary
and affordable housing.
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible with
the proposed zoning classification.
The proposed zoning classification of the parcel in question is R-3, Limited Multiple
Family Residential. This is consistent with the existing zoning of the parcel abutting
the subject property to the north. For this reason, the proposed zoning classification
would be compatible with the existing zoning of the property in the general area.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
The use of this property has been as a movie theater since 1971, when it was built.
In 2004, the theater closed as a result of a declining competitiveness of this
location as a theater site. Consequently, while the market for movie theaters has
declined, the demand for senior assisted living housing has grown.
Preliminary Plat
Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make
each of the following findings before approving a preliminary plat:
1. The proposed preliminary plat conforms to the requirements of 99.114.
The preliminary plat has been reviewed by the City Engineer in regards to the
proposed grading and drainage of the property, all utilities, as well as the storm
water management on site. The landscape plan and lighting plan will be reviewed
at the time of the Final Plat for the project.
Page 3
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
November 8, 2006
Case # 2006-1104
2. The proposed subdivision is consistent with the Comprehensive Plan.
Once the Comprehensive Plan is amended to guide the northern parcel as High
Density Residential, the proposed subdivision will be consistent with the
Comprehensive Plan. The southern parcel remains guided as "Commercial".
3. The proposed subdivision contains parcel and land subdivision layout that is
consistent with good planning and site engineering design principles.
Kevin Hansen, City Engineer, has received and reviewed all engineering plans for
the preliminary plat application. He has indicated that the site is located within the
Rice Creek Watershed District, and would need to be reviewed by that body prior to
the City approving the Final Plat. Mr. Hansen also encourages the use of rain
gardens to help with the treatment of surface waters for the site. The applicant has
agreed to look into this possibility. Because this site has been previously built on,
all other sanitary services for the property are in placed and sized correctly for the
proposed project.
Conclusion
The final plat needs to reflect any site plan changes resulting from the comments above.
Assuming those issues can be resolved, the preliminary plat can be approved. It is
expected that the final plat will need to be modified a bit between the time the preliminary
plat is approved and the final plat is submitted for approval.
Recommendation
Motion: That the Planning Commission recommend that the City Council approve the
preliminary plat based on following conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the
Zoning and Development Ordinance, including:
1. The development agreement must reflect an agreement between the City and the
developer on what utilities and streets within the project will be the City's long-term
maintenance and repair responsibilities.
2. The Plat should identify the name of the proposed development.
3. All construction traffic must be controlled and shall be directed through the vehicle
tracking pads, as indicated on the SWPPP plan.
4. The City standard for drive entrances is a concrete apron matching the concrete
curb and gutter.
5. If any existing curb and gutter grades are less than one percent (1 %) at the
driveway cuts, provide a concrete cross gutter.
Page 4
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
November 8, 2006
Case # 2006-1104
6. All erosion control measures shall be installed and inspected by the City prior to any
site activities beginning.
7. Any site grading prior to final plat approval will require an excavation permit,
obtained from the Engineering department.
8. An NPDES permit will be required, at the time of construction. The City also
reserves the right to require additional erosion control measures during construction,
as conditions warrant.
9. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4)
inches of topsoil/sodding.
1 G.AII work within Public ROW shall be inspected by the City Engineering Department.
Twenty four (24) hour advance notice of an inspection is required.
11. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of
Columbia Heights specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works
requirements.
13.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At final plan submittal, the developer must provide plan/profile sheets for the
utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a
separate permit for surface water management.
Motion: That the Planning Commission recommend that the City Council approve the
Comprehensive Plan Amendment to change the guidance of the land from "Commercial" to
"High Density Residential".
Motion: That the Planning Commission recommend that the City Council approve the
rezoning of the northern property from GB, General Business, to R-3, Limited Multiple
Family Residential based on following conditions of approval that have been found to be
necessary to protect the public interest and ensure compliance with the provisions of the
Zoning and Development Ordinance, including:
1. The approval of the rezoning of the property is contingent on the Metropolitan
Council's approval of the Comprehensive Plan Amendment.
Page 5
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
November 8, 2006
Case # 2006-1104
Attachments
. Location Map
. Preliminary Plat
. Site Plans
. Draft Comprehensive Plan Amendment Resolution
. Draft Rezoning Ordinance
. Draft Preliminary Plat Resolution
Page 6
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REMOVAL NOTES:
CONTRACTOR TO VERIFY THE lOCATION AND REMOVAL OF /\l.l UTilITIES
All PUBLIC AND PRNATE UTIUTIES SttOWN ON THIS Pl..ANARE P,PPRQKlMATE IN
LOCATlON AND DEPTH NfO SI1AU. BE VERifiED BY THE CONTRACTOR OTHER
UTlLITlES MAY EXIST AND IT SHAlL BE THE RESPONSIBILITY OF THE CONTRACTOR TO
OaT A1N THE LOCATIONS OF SUCH.
AU EXISTiNG PARKiNG LOT LIGHTS SHALl. BE REMOVED_ THE LOCATION OF
ELECrRICAl SERVICE TO THE LIGHTS IS UNKNOWN.
MY REMOVAL OF WATERMAlN SW\llINCtUoe THE REMOVAL OF AlL WATERMAIN
APPURTENENC;::;S INCLUOlNG PIPE. GATE vtAVE5, HYORAKrS, FITTINGS. ETe
ANY REMOVAl. OF SANITARY SEWERANO STORM SEWER SHAllINClUOE T}lE
REMOVAl OF All PIPE. MANHOU::S. Ere
REMOVAL SHAlt INCLUDE THE OISPOSAl OF AU R(MOVED ITEMS IN ACCOflOANCE
V'lITttAPPtlCABlELAWS
'~:~D::o'n fix - "~""'"'
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c=I REMOVE BfTUMmOUS PAVEMENT
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X REMOve TREE
REMOVE CONCRETE CURB AND GUTTER
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GOPHER STATE ONE CALL SYSTEM 651.454.0002
-Ql;OPVfUOHr;oo.o_f<FYENC"'EUloNC;>NC.;HE:') ....LmCIITSflESEJM::O TJIESEOOCUPolEHTSAA/iMlWl>11!lIIolENTCf'SERVlCESN<DAAETtIE_RTYOf'''''''''''",",VNnTRF,,,,mnR=-n,,,,,,,,,,ft,,,,,nllwIlITTF)<COH..<a<T_
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NORTH EAST
3
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10.06.06
C1.2
GENERAl NOTES
THE CURRENT EDITION Of TtiE MINNESOTA DEPARTMENT OF TRANSPORTATlON"5TANOARO
SPECIFICATIONS fOR CONSmUCTlON' GOVERNS EXCEPT AS MODIFlEO BY THE CITY OF COlUMalA
HEIGHTS CODES, ORDINANCES. STNiOAROS AND SPEClFICA TlONS.
FURN!5H, INSTALL INSPECT. MAINTAIN AND REMOVEAli NECESSARY TRAFFIC CONTROl SlGNAGE
All TRAFl'lC CONTROL DEVICES AND SIGNAGE SHAU CONfORM TO ALL lOCAl.., COUNTY AN!) STATE
TRAFFIC CONTROl GUlOElINES.INClDENTAt TO PROJECT.
THE EXISTING UTIUTY INFORMATION SHOWN ON THESE DRAWINGS IS NOT GllAAANTEEO TO BE.
ACCURATE Ol=l ALL INC1.USIVE. CONTACT GOPHER STATE ONE CALl (1l51.o1S4-OOO2) FOR THE
LOCATlQN OF All UNDERGROUND WIRES, CAOLES. CONOUITS, PIPES, VALVES. MANHOlES. OR
OTHER BURIED STRUCll.JReS BEFORE OlGGING. REPIUR ANY Of' THE ABOVE WHICH ARE REMOVED
OR DAMAGED DURING CONSTFUJCTION AT NO COST TO THE OWNER.
TtIE EXACT lOCATION OF ALL UTILITIES AND VTlLlTY COfiNECTlONS MUST BE VERifIED PRIOR TO
COMMENCING WORK. LOCATE. FJELD VERlF'Y AHD PROTeCT ALL EXISTING unuTIES!\NO
TOPOGRAPHIC FEATURES PRIOR TO START OF SITE COkSTRUCTlON. IMMEDlATB-Y NOTIFY TME
ENGINEER OF ANf DISCREPANCIES OR VAR1A1lONS FROM THE PlAN.
SECURE All NECESSAAY PERMITS AND NOTIfY All UTIUTY COMPANIES WITH UllllTlES ON sm.
PRIOR TO THE CONSTRUCTION OF THE PROJECT. AOtfERE TO AllAPPlICA8LElOCAL, STATE.
AND/OR FEDERAL LAWS FOR ANY COST INClffiREQ DUE TO 1liE DAMAGE: OF SAlO ulllmES
EXlSTlNG SURVEY AND TOPOGRAPHIC INFORMATION PROVIOED BY CORNERSTONE lAND
SURVEYlNG INC. l-IUMPl-iREY ENGINEERING INC. IS NOT R"SPONSIDlE FOR TtlEACCUAACY Of
INFORMATlON PROVIDED flY OTHERS
UTJUTY NOTES
CONTRACTOflIS RESPONSIBLE FOR ALL HORlZONTALMD VERTICAl CONTROL ONCE THE
AlIGNMENT HAS BEEN ESTAlILlSHED BY -mE SURVEYOR. ADDlTlONAl COSTFQR RESTAAlNG
ANOIOR REP\ACING DAMAGED STAKES 1$ THE RESPONSIDIUTY OF TtIE CONTRACTOR.
PRQVIOE /IN'( AND All TESTING TO INCLUDE BUT NOT LIMITED TO SOil. COMPACTION TESnNG.
WATER MAIN PRESSURE, CONDUCTIVITY AND BACTERIA TESTING. SANITARY SEWERPRESSURE;
AND MANDREl 1'ESTJNG, COIiCRETE CURB AND GUTTER 5AMPUNG AND 1'ESTJNG TO OCCUR NO
~ESS mAN EVERY 500' AND AOOrTlONAl. TESTING OEEMEO NECESSARY BY THE cm OR ENGINEEft
WITH NO AOOlTlOr-w.. COMPENSAnOf-l
A.ll EXCESS MATERIAl. BrruMlNOUS SURFACING. CONCRETE ITEMS. REMOVEO UTILITY ITEMS AnD
OTHER UNSUITABlE MATERlA1.S SHAll BECOME THE PROPERTY OF THE: CONTRACTOR AnD SHALL
BE DIsPOSED OF OFF THE COHSTRlJCTTON SITE IN ACCORDANCE WITH AU. APPliCABlE lAWS MD
REGUlATlONS, UNLESS OTHERWISE SPECIFlEO
PROPOSED SPOT ElEVATIONS AND CONTOURS ARE TO PROPOSED FINISHED GAAOE, PAVEMENT
OR GUTTER LINE. UNLESS OTtlER'MSE SPECIFIED
CARE MUST Be TAKEN DURING AlL CQNSTRUC110NAND EXCAVATION ACTIVITIeS TO PROTECT ALL
SURVEY MONUMENTS ANOJQR PROPERrl' CORNERS.
REPAIR ANY AND AU DAJMGE TO EXISTING STRUCTURES AND SITE FEATURES oue TO
CONSTflUCTION ACTIVITY
AU PROPOSED UTIUTY CONSTRUCTION SHAll Be: COMPlETED USING APPROVED MATERIALS.
METHOOS Of PlACEMENT MO TESTING AS RECUlRED BY ALL GOVERNING SPECIFICATIONS
LOCATE WATER SERVICE CUfW STOPS AT THE PROPERTY UNE UNLESS OTHERWISE SPEClAEO
hYDRANTS lOCATED 5' FRDM BACK OF CURB. MAlNTAlN1.!\' OF COVER OVER TOP OF ALl
PROPOSED WATER MAIN MEGAlUGS SHAll BE USED ON All WATER MAIN FfT'Tl1iaS
CONSTRUCTlOM.l!!\~
s.oHTARf~1'lI'E
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RIM E1EV. 2'14.6
INV REV. 2J9.75 (1'1)
lNY illY. 2J9.75 (W)
/NV ElEV. 2J9.95 ($E)
R-1642 CASTING
SORe;>
~x:.:a... I 'z'"'.~p-""'"
CONNECT TO EXlSl1N~~
CArtH SASlN 'MlH S' 41' 12~ RCP
12~ RCP Cl.- V 1.0% CL V 0 1.0't
!NV. fllV. 239_65 cl $N-o ~~=~Z.~6
~~:~1Ut--1 NV~1J.!.Lll 7
2.vcP (P,)I PcAJ<)
EXES
~''''_<A\ 59'"
CONTRACTOR TO ENSURE THAT LAND
DISTURBANCE DOES NOT OCCUR OUTSIDE
GRADING LIMITS.
CONNECT m EXISTlNC; 12~ VCP
SERVICE. CONSTRUCT SANITARY
t.lANHOU:: It
T.C. ELEV. 244.7
INV ElEY. 2J7.02 (N)
CONTRACTOR SHALL VERIFY EXISTING
SEWER srua ENO LOCATION AND
ELEVATION PRIOR TO CONSTRUCTION
37TH AVENUE
NORTH EAST
::lCOf'YIlIl;1<Tl!l'J-4HU_nn<OM'f.ll/I<Grw;. rftEll. AtlR=R~~~Il\"" "'f.Sf.POClIME"TSAAf.AJll!';5TllUMi:"TOr'lER'.~NfO.....n"PROPE"TY()f"IEI"1<O""'."llrl1l\lJ$U1QFl(;{)l>JU>"JTHouT""""''''Rlm''COl'<SENl
GOPHER STATE ONE CALL SYSTEM 651.454.0002
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<mo-WHlTl': JOH
J;l<I<Gl\EDilY, JRR
~~ 10.06.06
SHEn"",
C2.1
GENERAL NOTES
THE CURRENT EDITION OF me MINNESOTA DEPARTMENT OF TRANSPORTATION "STANOARD
SPECIFICATIONS FOR CONSTRUCTION"" GOVERNS EXCEPT AS MOOIFlEO BY THE CiTY OF COlUMeIA
HEIGHTS CODES. ORDINANCES. STANDARDS ANO SPECIFICATIONS.
FURNISH. INSTAlL INSPECT. MAINTAIN AND REMOVE AU NECESSARY TRAFFIC CONTROl SIGNACiE
All TRAFFIC CONTROl DEVICES AND SIGNAGE SHAll CONFORM TO All lOCAL COUNTY AND STATE
TRAFFIC CONTROL GU10El.INES. INCIDENTAl TO PROJECT.
THE EXISTING IITILITY INFORMATION SHOWN ON THESE DRAWINGS IS NOT 0lJARANTEED TOBE
ACCURATE OR Al.lINQ.USIVE. CONTACT GOPHER STATE ONE CAlL (65t-454-OO1l2}fOR mE
LOCATION OF All UNDERGROl./NO WIRES. CAfllES. CONOU1TS. PIPES. VAl YES. MANHOLES. OR
OTIlER BURlED STRUCTURES BEFORE DIGGING. REPAIR ANY OF THE ABOVE WHICH ARE REMOVED
OR DAMAGED DURING CONSTRUCTION AT NO COSTTO THE OWNeR.
THE EXACT LOCATlON OF All UTILITIES AND UTILITY CONNECTIONS MUST BE VERIfiED PRIOR TO
COMMENC....G WORK.. LOCATE. FIELD VERlA' AND PROTECT All EXISTING UTILITIES AND
TOPOGRAPffiC fEATURES PRIOR TO START OF SITE CONSTRUCTION. IMMEDlATEl Y OOTIFY mE
ENGINEER OF AN'( DISCREPANCIES OR VARIATIONS FROM TIlE PlAN
SECURE All NECESSARY PERMITS AND NOTIFY AU UTiliTY COMPANIES WITH UTlllTlES ON srre
PRIOR TO THE CONSTRUCTION OF THE PROJECT, ADHERE TO AU APPlICABLE LOCAl. STATE.
ANOIOO FEDEAA1. LAWS FORAUY COST INCURRED DUE TO mE OAfMGE OF SAID UTILITIES
EXISTmG SURVEY AND TOPOGAAPHIC lNFORMATlONPROVlDED BY CORNERSTONE L.o\NO
SURVEYING INC. HUMPHREY ENGINEERING lHC.1S NOT RESPONSIBLE FOR 11iE ACCURACY Of
INFORMATION PROVlOED BY OTHERS
GRADING NOTES
USE OM. Y SUITABLE MATERIAL AS APPROVED BY THE ENGINEER FOR BUIlDING PAD IlHO STREE7
CONSTRUcnort J:!EMOVE UNSUITABLE J\f\lO UNSTA6LE WI 'fi;RIAl.S INCLUDING BUT NOT LIMITED TO
TOPSOIl, OFl:CW<lC MATERIAl. J\f\lO DEBRIS FROM THE BUltDlNG PAD AND STREET AREAS.
COMPACT THE uPPER J FEET OF EMBANKMENT IN THE STREET TO 100 % Of THE STmDARD
PROCTOR DENSITY. COMPACT smEET EMBANKt.llONTS BELOW THE UPPER J FEET MID BUIlOlNG
FOUNOATlONS TO NO LESS THAN 95% OF THE STANCARO PROCTOR 0ENSflY.
BACKFILL All BELOW GRADE EXCAVATIONS lMMEDIATa Y UPON REMOVAl OF THE UNSUITABlE
SOILS. BACKF!Ll EXCAVATIONS ADJACENT TO EXISTING PAVEMENTS PROMPTlYTOAVDlO
UNDERMINING OF THE EXISTING PAVEME:NT.
SAt. VAGE AND PROVIDE A MINIMUM DEI'Tli OF 4-INCHES OF TOPSOil TO AlL AREAS OlS1URIlED 6'(
CONSTRUCTION
CONTRACTOR 15 RESPONSIBLE FOR All HORIZONTAl. AND VERTICAl CONTROl ONCE THE
ALIGNMENT HAS BEEN ESTABUSHED BY THE 5Ul'lVEYOIt AOOlTlONAl. COST FOR RESTAKING
ANClOR REPlACING DAMAGED STAKES IS THE RESPONSIBILITY OF THE CON1'RACTOR.
PRovroe: AU SOIl TESTING AT IWERVAI.S NO LESS THAN EVERY 50lY ANDADOITIONAL. TEST1NG
OEEMED NECESSARY BY THE CITY OR ENGINEER WITH NO ADDITIONAl COMPENSATION
THE SPEClfIEO DENSITY METHOD OF COMPACTION IS REQUIRED FOR All PORTIONS OF
PERMANENT CONSTRUCtiON. STANDARD COMPACTIDlIIIS I'lEOU1REO FOR ANY TeM>ORARY
CONSTRUCTION.
DISPOSE OF AlL EXCESS "'^ TERlAL BITUMINOUS SURfACING. CONCRETE ITEMS. REMOVED UTIUTY
ITEMS AND oruER UNSUlTASLE MATERIAlS OfF THE CONSTRUCTION SITE INACCOROANCE WITH
All APfIlJCASL.E lAWS ANO REGUlAl1OHS. tmlESS OffiERWlSE SPECIFIED
PROPOSED SPOT elEVATIONS AND CONTOURS ARE TO FINISHED GRACE. PAVEMENTStJRFACE: OR
CURB FLOW lINE. UNLESS OTlfERWlSE SPECIf1EO
NOTIFY THE CITY OF PUBLIC WORKS DEPARTMENT. 4.ll HOURSINADVA./llC1i: OF
WORKING 'MTHINTliE~ITY OF INSPECTORS MUST 08SERVE
All WORK COMPl.ETED.1NCLUOlNG THE REMOVo'IL OF EXISTING CURS & GUTTEFl. EXCAVATION OF
TRENCHES. PlACEMENT OF STORM ORAIti.CONNECTlONS TO EXISTING IJTIlITY LINES. SACKFlLUNG
AND i'lEPLACEMBIT OF BITUMINOUS PAVEMENT ANOIOR CONCRETE CURtI AND GtJTT'ER
COMPlETE: All PROPOSE:D STREET CONSTRUCTION US1NQAPPROVro MATERIAlS, METHODS OF
PLACEMEtfl AND TESTING AS REQUIRED BY All GOVERNING SPECIFICATIONS
CARE MUST BE TAKEN DURING CONSTRUCTION AND EXCAVATION TO PROTeCT All SURVEY
MONUMENTS A.NPIQR PROPl:RTY IRONS O/llI\NO ADJACENT TO THIS SITE.
REPAIR I\lL DAMAGE TO EXISTING FACIlITleS RESULTING FROM CONSTRUCTION ACTIVITIES AT NO
COST TOTHE. OWNER
PROVIDE A SMOOTH AND THOROUGH TRl\NSmON BElWEEN PROPOSED Sfn: GRADES AND
DRAINAGE WAYS AND EltISTlNG SURROUNDING SITE GRADES AND DRAINAGE WAYS.
RfPRAP SHIIllSE 050" 1r. UNlESS OTHERWISE SPEClflEl)
All CURB AND GtflTER SHAll IlE CONCRETE
SEE DETAIL
WRITTEN DIMENSIONS PREVAIL OVER SCALED DIMENSIONS
X VERTICAL CONTOUflINTERVAL N G.V D. VERTICAL OAnmt
HART LAKE
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BUILDING
10,400 SF
FFE. 248.0
~..' "'m_'
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CONTRACTOR TO ENSURE THAT LAND
DISTURBANCE DOES NOT OCCUR OUTSIDE
GRADING LIMITS.
37TH AVENUE
NORTH EAST
"'COP'f1.lIGHT~OO<I 'IUMPHIlEY E"""'EI;"""" life ("Ell "'-lRll;l<TS Rrt.t:l<VEll. THl'SE llOCUMa<TS""e~ ",sm"..rnTlW SF"""""""""...,,, n.. """"""n"OI'HOMlll...... NllT JH:USttlo"COf'JEO..m<o<"FRIf'lAW"lrreNl;OI<S(lif,
GOPHER STATE ONE CALL SYSTEM 651.454.0002
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10.06.06
C2.2
NEW RCAC FACILITY
. ~ . ^\\ I FOR
C'~J:~\' I COMFORTS OF HOME
Offilorts, SENIOR HOUSING
OFH~ 3@1
----- 0 ~ COLUMBIA HEIGHTS, MINNESOTA
GENERAL NOTES
l11e CQtlTMCTllIl ""..u. '-CctPT TI1e !'IIO~(:T ~lT1!"ifT e~llin IoU.
~~ISl1NIi CONDITIONS "'''fn.e~ 011 >l!IT Sl'tClI'ICAl.LT HOrfa ON ",e
PlIAWlHGli 5t</lLL ee ve~J..teo ~T TI<l! CllNfIll>CfOW: >'Illtlll. TO TIlt
CCl;lWl!lIt:tYe!IrOI'A.tn\'lO~ THfCO>ITJlACTOIlStII.U.!tOTi'Ilal%!!O
iJ~~~:lo~'i:='~~ :~~T~~fJIsmu.BLT O~liT1oPiAlrLt WlTliOOT
t All ">ORI:,"IIOCeDlJllt'.ll,AHO !UirflllAl..-S_LCOWl'uwrrn I.Ll
=~L50"C:" ~~A~~S;:&eIlP";1I ~~~~: ~~~
, M.I.CCllliTll1.lCTlrmscweOUl.IIIliAtfOlitc:\.leNCIlfGSIWJ.5e.COOllOlllAfl!D
YlI1'>ltll!!OW!ltItPIlIOIlTO~i1NllmO:WORK.
CONtul;TllIl!iIlAl.L!lI!l\l!~SIGl.I!Fl}llAU.TlI:olSIlIteIiOVAl.AT
IN;ell"~ lilJC>1 TWor ~~SlilVl! ....tlu/<IT!i 0/' TVlSH "'110 lln~li All!!
IIOT,ou.""WTtlACCWI:l.ATelJfn,eYl{lllKolJIU,scmONll'elirre.
COOTUCTllll1iN.....L~ISllCllNT..1N1!UI'OIIPIlOl'eIISTll!IAOe..1iO
Il6KlVAL Of' 'l'UlIH.
litCUlltTT, o~elU..l. CtlI<T~ACTOlI: IS IIf5l'()N$l&l.f I'CIlll'llOJl!(;f St!:llllITT.
n<<:CllHTAACTtIIIstt.o.U.S!II'eIlVlse.....OOIl\l!CTn<el'llllll<WAfoTO
~~:.~~~r;~'::es;~:sm 1'011 AU. alN!lTRtlCl1llft r.l!1J<l;, I/elllOllS,
n<et<VAC_Cllt<TU.CTORWllLlif'll:'liF\'!N!>1I1l.fI'CIll
SA<..oJtC1ltG ......, tNSL/IllNG r.lI ep"'Cle~T SnTeIol
""OVUle '>loIIl~t ot.rtl;tlOl'l ~Ht1 FlIlt M.AII!Il 5T5T~ AS
~l!OlllM;llIlT COOl!.
. ~g ;;~~~~~:~~~L~t~~~~~
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~l!llUllIellllPt~lHGS. II!lT II<\lICATl!ll !<'I!l!li<
THl!5l! COMTlI!.'CTHllllll'lO.lMl!lfT~ 411t'IfOT l/ITl!lIlll!ll117Ill! "-ctIIoII'L!!Te ~l!T OF
"'STI!UCTI""'''"''OWTDCOIt5Tll<lCT~IMt.DIllliCllltS''lI\Il:Tllllt~N5,vetHQ05.
~i:.:s~~~~~,;:P~~,.~ AND SlTl! ~en ~Ofli AIll!
PROJECT LOCA TlON MAP
PROJECT
SITE
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BUILDING CODE SUMMARY . !lI,I,SEO Uf'{Ill tHE: 2002 lNWlll,l,T!OIl,Il. .sullO""; """EI
mow ~C",C 1""'Cll.1TT FClft COMt'OlITS 01" HOMe. COI.JJM6I,1, IlftGIH5,!,IN
OCCuPAACT
.... OCOII'AnCtl!SIN&\JU..a!NG:
'GllOIl1"'H" llCACAI'T 1ll..DG.1280Ile.6tD~OO'" A,l'TS. 1.\) eFF!C'r.UCT surre51
1. GI!OIll" ',I..)" ~OI!.DTfG~eAr ~ODJ.I
~ ~= ~'l" ~'tic~~Vfl
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C. A~ces5CllfT II.SSfM15lT AIle:AS AM: IIOT CONSIDeReD SePARATe OCCUP"~Cles U' TIC
1'L00R,I,lleAr.; 150S.F llfI:~IlSSIT,I,llll!302-).) NOre~
o. 11Ie&\JILOmG tSlll!llUlllcl!O TO lllleOUIPPeD n1ll'OLliiHOIJT Wl11t.o.H AUTOYAnC
SP~I"IKLe~ST5TN ;peR SfCllOK !Hl)UI
II CONSTRIlCTION>
A. COHSTIlUl;T1QNTTI"l!S, ITAllL.l! 503 "CHAPTER 61
l PAII~ING l..eVl!L , TYPI:: 1m
t ReSltletlTlAUASSll"'M.T AReA$ll'lRS 11. II . rrpe VA,
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PROJECT DIRECTORY:
BUIlDING OWNER:
CaOOu o! Homo
2340 East Carny FOOd '.]
Wlile8earI..al<B.MNSSm
Tela: (651401-7009
Fax: (651l407-6422:
Contact: Bran Wi'qls
ARCHITECT:
FIisbiaArttilacts.m
215 N. 2rd S1root. Situ 204
fMIr Pals, Vv'I. 54022
TeE (T1S) 426-4908
Fax:- as 426-5886
Contact: Mark Paschka
CMl. ENGINEER:
"'- En;rsemg
2211 O'Neil Fbad
""""" 'M 54016
Tea: C7'6i 531-0525
"'" (715) 531-<J52O
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10 OCToaER 2006
11
HSEOROOM . 6
UNITS STUDIOS. 11
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10 OCTOBER 2006
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CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION:
PUBLIC HEARINGS
ORIGINATING DEPARTMENT:
Fire
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
CITY
MANAGER
APPROV AL
BY:
NO:
NO:
2006-220
(;.e)
DATE: November 7, 2006
DATE:
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Anthony Ajewole regarding rental property at 1081-1083 Polk Circle N.E.
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution No.2006-220, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-220, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Anthony Ajewole
regarding rental property at 1081-1083 Polk Circle N.E.
COUNCIL ACTION:
RESOLUTION 2006-220
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential
rental license held by Anthony Ajewole (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1081-1083 Polk
Circle N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 12, 2006 of an public hearing to be held on
November 13, 2006.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on September 7, 2006, inspectors for the City of Columbia Heights, inspected
the property described above and noted four violations. A compliance letter listing
the violations was mailed by regular mail to the owner at the address listed on the
Rental Housing License Application.
2. That on October 12, 2006, inspectors for the City of Colum bia Heights, reinspected
the property and noted three violations remained uncorrected. A statement of cause
was mailed via regular mail to the owner at the address listed on the rental housing
license application.
3. That on November 6, 2006, inspectors for the City of Columbia Heights, performed
a final inspection at the property and noted three violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to correct RMC violations. The violations are as follows;
1. Shall remove all/any outside storage from the property.
1. Microwave
2. Barstool
3. Garbage
4. Chair
5. Clothing
6. Bicycle tires
7. Door
8. Wood
9. Broken rabbit hutch
11. Shall repair soffit that is falling off.
111. Shall repair fencing around kennel that is falling down.
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F801 0 is hereby revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on the
buildings covered by the license held by License Holder.
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting of this Order revoking the license as held by License Holder.
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: (p APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY: VL/~
Abatement " D)
DATE: November 6, 2006 DATE:
NO: 2006-221
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Randy Erickson regarding property at 1110 Gould
Avenue N.E. for failure to meet the requirements of the Residential Maintenance
Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-221, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-221, a resolution
of the City Council of the City of Columbia Heights declaring the property at 1110
Gould Avenue N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-221
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Randy Erickson (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1110 Gould Avenue
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 13,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 18, 2006 an inspection was conducted on the property listed above.
Inspectors found three violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 28, 2006, inspection office staff granted the property owner a requested
extension of time to correct the violations.
3. That on October 13,2006, inspectors reinspected the property and found that one violation
remained uncorrected. A compliance order and statement of cause was mailed via certified
mail to the owner listed in the property records.
4. That on November 6,2006 inspectors re-inspected the property and found that one violation
remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Scrape and paint garage.
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1110 Gould Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Noticc of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 1110 Gould Avenue N .E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: tc APPROV AL
ITEM: Adopt Resolution For BY: Gary Gonnan BY:
Abatement
DATE: November 6, 2006 DATE:
NO: 2006-222
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Molly Gordon regarding property at 3709 Polk Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-222, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-222, a resolution
of the City Council of the City of Columbia Heights declaring the property at 3709
Polk Street N.R. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-222
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Molly Gordon (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner ofthe real property located at 3709 Polk Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 3,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 1, 2006 an inspection was conducted on the property listed above.
Inspectors found two violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 3,2006, inspectors re-inspected the property listed above. Inspectors noted
that two violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6,2006, inspectors reinspected the property and found that two violations
remained uncorrected.
4. That based upon said records ofthe Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall repair/replace overhead garage door.
B. Shall remove all/any outside storage from the property.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3709 Polk Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 3709 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: lo APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY: (,7//A
Abatement (p~)
DATE: November 6, 2006 DATE:
NO: 2006-223
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Dawn Chambers regarding property at 3816 Tyler Street
N .E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-223, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-223, a resolution
of the City Council of the City of Columbia Heights declaring the property at 3816
Tyler Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-223
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Dawn Chambers (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3816 Tyler Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certifed mail to the owner of record on September 28, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 24, 2006 an inspection was conducted on the property listed above.
Inspectors found three violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors
noted that three violations remained uncorrected. A compliance order and statement of cause
was mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that three
violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall remove any/all dead trees and remove their stumps to below ground level.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3816 Tyler Street N .E. is in violation ofthe provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 3816 Tyler Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: (0 APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
b.G) DATE: November 6, 2006 DATE:
NO: 2006-224
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Joseph Wagner regarding property at 3848 Jackson
Street N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-224, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-224, a resolution
of the City Council of the City of Columbia Heights declaring the property at 3848
Jackson Street N.E. a nuisance and approving the abatement of violations from the
propeliy pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-224
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Joseph Wagner (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3848 Jackson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 9,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 6, 2006 an inspection was conducted on the property listed above.
Inspectors found two violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted
that two violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that three
violations remained uncorrected.
4. That based upon said records ofthe Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall remove any/all dead trees and remove their stumps to below ground level.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3848 Jackson Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 3848 Jackson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: ~ APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY:~~
Abatement ,
b H) DATE: November 6, 2006 DATE:
NO: 2006-226
,
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Diane Diederichs regarding property at 4011 5th Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-226, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-226, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4011
5th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-226
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Diane Diederichs (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4011 5th Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 23,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 5, 2006 an inspection was conducted on the property listed above.
Inspectors found six violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 2,2006, inspectors re-inspected the property listed above. Inspectors noted
that six violations remained uncorrected. An extension was granted to October 23,2006.
3. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted
that six violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records
4. That on November 6,2006, inspectors reinspected the property and found that six violations
remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall install an approved exterior covering on the porch on the rear of the house,
currently the porch is covered in plastic and plywood.
B. Shall install sod or grass seed or an approved landscaping material on the bare areas
in the back yard.
C. Shall replace the missing siding corners on the garage.
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4011 5th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4011 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
BY:l
NO: 2006-227
DATE: November 6, 2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Anita Streiff regarding property at 4021 Jefferson Street
N .E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-227, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-227, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4021
Jefferson Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-227
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Anita Streiff (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4021 Jefferson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 23,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 22, 2006 an inspection was conducted on the property listed above.
Inspectors found four violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted
that four violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that four violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall cut down all/any scrub growth in the following locations along alley and around
fence throughout property.
B. Shall remove all/any outside storage from the property. Items include,
i. Cardboard
ii. Large pieces of clear plastic near the garage and rear fence.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4021 Jefferson Street is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4021 Jefferson Street N .E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
NO:
2006-229
10
DATE: November 6,2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Luis Chiqui regarding property at 4110 6th Street N .E.
for failure to meet the requirements ofthe Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-229, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-229, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4110
6th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-229
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Luis Chi qui (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4110 6th Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 5,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 31, 2006 an inspection was conducted on the property listed above.
Inspectors found one violation. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 5, 2006, inspectors re-inspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6,2006, inspectors reinspected the property and found that one violation
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall repair garage door. Must also close properly.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4110 6th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice ofthis hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4110 6th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
BY:
NO:
2006-230
G, k) DATE: November 6, 2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Jennie Kowal regarding property at 4138 Quincy Street
N .E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-230, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-230, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4138
Quincy Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-230
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Jennie Kowal (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4138 Quincy Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 19,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors
found two violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on September 13,2006, an extension of time was granted until October 19,2006.
3. That on October 19,2006, inspectors re-inspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
4. That on November 6,2006, inspectors reinspected the property and found that one violation
remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall remove the dead tree (tree stump) in the back yard to within 2-4 inches below
ground level
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4138 Quincy Street N .E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4138 Quincy Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: G, APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
Co L) DATE: November 6,2006 DATE:
NO: 2006-231
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Roy F. Villa regarding property at 4149 ih Street N.E.
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-231, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-231, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4149
ih Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-231
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Roy F. Villa (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4149 ih Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 5,2006 and November 7, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 1, 2006 an inspection was conducted on the property listed above.
Inspectors found eleven violations. A compliance order was sent via regular mail to the
owner at the address.
2. That on October 5, 2006, inspectors re-inspected the property listed above. Inspectors noted
that eleven violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that eleven
violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall cut/remove the long grass/weeds/scrub growth from around the property, Shall
remove all scrub growth on alley and in driveway. Shall provide weekly maintenance
of the lawn.
B. Shall trim the trees in front of the house so that the address numbers can be clearly
seen.
C. Shall repair all/any damaged windows on the structure.
D. Shall seal, stain, paint all bare wood around the basement egress window on the south
side of the house
E. Shall repair the damaged gutters on the south side of the house.
F. Shall remove the fallen tree from the yard. All branches and parts of the fallen tree
shall be removed from the yard. Shall have a tree service professional determine if
the remaining tree pm1s are alive or dead. Shall have any dead parts of the tree
removed. If the tree is to be completely removed, it must be removed 2-4 inches
below ground level.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4149 ill Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4149 ill Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gonnan
BY:
NO:
2006-232
fo
DATE: November 6, 2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Dale S. Mancini regarding property at 4242 Quincy
Street N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-232, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-232, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4242
Quincy Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-232
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Dale Mancini (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4242 Quincy Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 19, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 3,2006 an inspection was conducted on the property listed above. Inspectors
found three violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on September 11,2006, an extension of time was granted until October 19, 2006.
3. That on October 19, 2006, inspectors re-inspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
4, That on November 6,2006, inspectors reinspected the property and found that one violation
remained uncorrected.
5. That based upon said records ofthe Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Repair front concrete steps.
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4242 Quincy Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4242 Quincy Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: ~ APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
(PfV) DATE: November 6, 2006 DATE:
NO: 2006-233
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Pablo Catano regarding property at 4440 Jefferson Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-233, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-233, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4440
Jefferson Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-233
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Pablo Catano (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4440 Jefferson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 24, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 15, 2006 an inspection was conducted on the property listed above.
Inspectors found one violation. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 24,2006, inspectors re-inspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that one violation
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall remove any/all dead trees and remove their stumps to below ground level.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4440 Jefferson Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and pmiies in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4440 Jefferson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY: Gary Gorman
BY:
NO:
2006-234
0)
DATE: November 6,2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Benjamin Flores regarding property at 4605 Polk Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-234, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-234, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4605
Polk Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-234
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Benjamin Flores (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4605 Polk Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 16, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 12, 2006 an inspection was conducted on the property listed above.
Inspectors found six violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 16,2006, inspectors re-inspected the property listed above. Inspectors noted
that five violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that five violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair or remove or replace the damaged fence in the front yard.
B. Shall remove all/any scrub growth from around the garage and parking pad in the
rear.
e. Shall paint or stain or seal the bare wood on the service door of the garage.
D. Shall remove all/any outside storage from the property.
i. CAGE
11. BAGS OF CANS
111. STROLLERS
IV. RAKE
v. YELLOW BUCKETS
VI. GARBAGE CANS
VII. MISe GARBAGE
Vlll. BAGS NEWSPAPERS
IX. SHOES
x. BOTTLES
Xl. CUPS
XII. TV
XlII. DRAWER
XIV. BUCKETS
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4605 Polk Street N .E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4605 Polk Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION:
Public
Hearings
Co
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
BY:
NO: 2006-235
DATE: November 6,2006
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Steven D. Krafty regarding property at 4929 6th Street
N.E. for failure to meet the requirements ofthe Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-235, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-235, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4929
6th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-235
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Steven Krafty (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4929 6th Street N .E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 9,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on July 18, 2006 an inspection was conducted on the property listed above. Inspectors
found two violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on August 31, 2006, inspectors re-inspected the property listed above and found that
two violations remained uncorrected. A time extension was granted to the property owner.
3. That on October 9, 2006 inspectors noted that two violations remained uncorrected. A
compliance order and statement of cause was mailed via certified mail to the owner listed in
the property records.
4. That on November 6,2006, inspectors reinspected the property and found that one violations
remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall remove all/any outside storage from the property.
i. Roll of fencing
11. Pile of dirt/fill/concrete
111. on north side of the garage
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4929 6th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
CITY COUNCIL LETTER
Meeting of November 13,2006
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO:
ITEM:
Adopt Resolution For
Abmemenl l, ~')
2006-236
BY: Gary Gorman
BY:
DATE: November 6, 2006
DATE:
NO:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Jeanne Jones regarding property at 4935 5th Street N.E.
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-236, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-236, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4935
5th Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-236
Resol ution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Jeanne Jones (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4935 5th Street N.E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on September 28, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on July 13,2006 an inspection was conducted on the property listed above. Inspectors
found four violations. A compliance order was sent via regular mail to the owner at the
address.
2. That on August 21,2006, an extension of time was granted until September 28,2006.
3. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors
noted that six violations remained uncorrected. A compliance order and statement of cause
was mailed via certified mail to the owner listed in the property records.
4. That on November 6,2006, inspectors reinspected the property and found that six violations
remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Remove large brush pile from near alley.
B. Remove truek topper from landscaped area.
C. Shall remove the boat parked on the landscaped surface (in the yard).
6. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4935 5th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4935 5th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
day of
2006
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of November 13, 2006
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: b APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement ~R)
DATE: November 6, 2006 DATE:
NO: 2006-237
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Alagumeena Nagappan regarding property at 4949-51
Jackson Street N.E. for failure to meet the requirements of the Residential
Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2006-237, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2006-237, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4949-
51 Jackson Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2006-237
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Alagumeena Nagappan (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4949-51 Jackson
Street N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 9,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 5, 2006 an inspection was conducted on the property listed above.
Inspectors found seven violations. A compliance order was sent via regular mail to the
owner at the address.
2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted
that seven violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that six violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair the downspout that is hanging off the building.
B. Shall repair the stucco that is crumbling on the back of the building and also under
the side door on the 4951 side.
C. Shall repair or replace all/any broken screens.
D. Shall cut and remove all/any long scrub growth/long grass/weeds all around the
property.
E. Shall remove all/any outside storage from the property.
i. PALLETS,
11. SHEETROCK
111. GARBAGE
IV. DEBRIS
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4949-51 Jackson Street N.E. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4949-51 Jackson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
AGENDA SECTION: ITEMS FOR
CONSIDERATION
NO:
ITEM: AUTHORIZATION TO PURCHASE
PROPERTY
MEETING OF: NOVEMBER 13, 2006
ORIGINATING DEPT: CITY MANAGER
LIQUOR APPRO V AL
7
f). C) ,)
BY: WILLIAM ELRITE/ BY:
LARRY SCOTT
DATE: NOVEMBER 7, 2006
In the year 2000 staff approached the City Council with the concept of owning a liquor store on Central Avenue
rather than continuing to rent. Since that period of time there have been several discussions with the City
Council and several alternatives have been reviewed. On May 22, 2006 the City Council authorized staff to
enter into an agreement with Welsh Companies to acquire property on 50th and Central Avenue for the purpose
of building a liquor store.
At this point Welsh Companies has negotiated proposed purchase agreements for the three properties listed
below.
Address
Price
4940 Central Avenue
4946 Central A venue
4952 Central Avenue
$575,000
$275,000
$450,000
Attached is a letter from Bob Lindall of Kelmedy & Graven summarizing the purchase infonnation. Also
attached is the latest Pro-forma showing the projections of owning versus renting. It should be noted that the
primary benefit of ownership is that eventually we will hold the property free and clear without ongoing rental
fees. Had the City purchased a liquor store in 1984 versus renting, the store would now be paid for and we
would have an additional $150,000 per year to use tor store maintenance, improvements, and to offset property
tax levies. The funding for this project wiU be accomplished by investing $1,145,000 in the Liquor fund
retained earnings for the purchase of land and selling bonds in the amount of approximately $2,000,000 to
finance the construction of the store. Bond principal and interest will be paid from store revenues previously
used for rent and CAM expenses.
In summary, over the last 22 years our rent payment has gone to purchase a building for Bradley Investment
Group. Over the next 20 years our rent payment will purchase a building for the City of Columbia Heights.
RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into purchase
agreements for the three properties at a total cost of $1,300,000 with funding coming from the Liquor fund and
inter-fund loans until the bonds are sold.
WE:sms
06110nCouncil
Attachments: Lindall Letter of 10/31/06
Pro- forma
I COUNCIL ACTION:
Kennedy
C H ART ERE 0
470 U.S. Bank Plaza
200 South Sixth Streer
Minneapolis, MN 55402
(612) 337-930() relephone
(612) 337-9310 fax
Imp:/ /www.kennedy-graven.colll
October 31, 2006
ROBERT J. LINDALL
Altomey at Law
Direct Dial (612) 337-9219
Real Property Law Specialist
Certified by Minnesota State Bar Association
Walt Fehst
Columbia Heights EDA
590 40th Ave NE
Minneapolis, MN 55421-3878
Tom Dunn
Welsh Companies
7807 Creekridge Circle
Bloomington, MN 55439
Re: Proposed purchase by Columbia Heights Economic Development Authority of
properties at 4940 Central A venue, 4946 Central Avenue and 4952 Central Avenue
Dear Walt and Tom:
Enclosed to each of you are my dratl: purchase agreements tor the above properties,
as requested by Tom. The terms are similar tor each except for the following differences:
Address
4940 Central
4946 Central
4952 Central
Price
Relocation Benefits Included in Price
$575,000
$275,000
$450,000
$0
$20,000
$20,000
I'm also enclosing a blacklined version so Tom can see the changes r made. Walt, if
they are in form acceptable to you, Tom and I have proposed that each be signed by the
Seller before being presented to the EDA Board (at a meeting after the election). Tom, I
deleted the need to pay earnest money. Please advise if earnest money is essential to the
Sellers. As drafted the purchase agreements don't call for proration of taxes payable in the
year of closing, as of the closing date. That isn't a problem if closing occurs in 2006, but we
may wish for such a provision if closing is delayed.
Please let me know if either of you see the need for revisions.
ve~,
Robeti J. Lindall
RJL:rec
Enclosure
300664v2 R1L CU05-30
City of Columbia Heights
Pro- forma on the
Relocation of Top Valu Liquor (Central Ave.)
Prepared 23-0ct-06
I A C
D
1
Projected Projected Projected
2008 2008 2008
Current
Location Owning Owning
Sales
Liquor, Beer, Wine, Other 3,297,980 3,627,778 4,353,334
Operating Expense
Cost of goods sold 2,572,425 2,829,667 3,395,601
Operating Expense 489,168 489,168 489,168
Rent & C.A.M. Expense 159,880 - -
Building Maintenance 5,000 5,000
Bond Interest 60,000 60,000
Depreciation/Bond Principal 100,000 100,000
Equipment Depreciation 5,783 5,783 5,783
Total Expense 3,227,256 3,489,618 4,055,552
Net income from operations 70,725 138,160 297,782
Other income 24,460 2,446 2,446
Net Income 95,184 140,606 300,228
2
3
4
5
6
7
8
9
10
11
This Proforma is based on total costs of $3,145,000 with an
investment of $1,145,000 from retained earnings and debt
service of $2,000,000. The debt will be paid off over 20 years
using the amount we are currently paying for rent and cam
overhead expenses
Based on Based on
land & land &
building building
costs of costs of
3,145,000 3,145,000
and and
increased increased
sales of sales of
10% 20%
Note:
Line 7 reflects depreciation/bond principal.
On a cash basis of accounting we recognize the principal
payment as an expense to the income statement.
On an accrual basis of accounting depreciation of the building
would be recognized. In this case the estimated depreciation is
slightly high.
CITY COUNCIL LETTER
AGENDA SECTION:
NO:
ITEMS FOR
CONSIDERATION
ITEM: A RESOLUTION AWARDING THE
SALE OF $4,075,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2006A
.~
?
MEETING OF: NOVEMBER 13,2006
ORIGINATING DEPT: CITY MANAGER
CITY MANAGER APPROV AL
BY: WILq~~ELRITE
"
DATE: NOVEMBER 7, 2006
Previously the City Council adopted Ordinance 1514 authorizing the sale of bonds. The second
reading of this ordinance was held on October 9, 2006. The sale of these bonds is scheduled for
November 13, 2006. The attached resolution authorizes and awards this sale.
At the meeting on November 13, 2006, the City Bond Council will distribute a copy of the
resolution with the final amounts filled in. The Bond Council will also provide the detailed sales
results at the meeting of November 13th. Attached is a draft of the resolution that will be
presented for adoption at the meeting.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-238, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2006-238 being a resolution
authorizing the sale of $4,075,000 in General Obligation Improvement Bonds, Series 2006A.
WE:sms
06] ]07]Coullci]
Attachment: Draft Resolution
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS, MINNESOTA
SALE OVERVIEW
NOVEMBER 13, 2006
Proposed
$4,075,000 General Obligation Bonds Series 2006A
Purpose:
The bond issue consists of several projects, the first three of which are issued
under Chapter 429 and the last three of which are Chapter 444:
1. $360,000 in principal to finance the remaining assessments from the Zone
7 A street project originally assessed in 2004.
2. $960,000 in principal for the Zone 7B assessments and the storm sewer
and water utility portions of the project. The total project cost was
$1,724,858. The City paid cash of$435,500 for its portion of the street
costs, $82,830 was received from developer payments and MSA, sanitary
sewer paid cash of $51,300 and staff estimates prepayments of 25% of
assessments levied this fall which further reduced the financing by
$214,271. Net proceeds from the Bonds will be $938,322. $2,070,000 in
principal for the Huset Park street and utility costs. The sources of
revenue to repay the bonds are assessments from Huset Parkway and
storm water, water, and future MSA receipts. The total project cost was
$2,852,821. MSA has paid cash of $195,000 to the project, sanitary
sewer has paid cash of$97, 723, MSA will pay an additional contribution
of $80,000 in 2007. Prepayments of assessments from Schafer
Richardson will be slightly higher than $300,000. Staff has made
estimates on the future pre-payments from Schafer Richardson, which are
dependent upon market conditions. The City will also internally finance
$120,000 of project costs which may be paid from one or more sources
including future MSA, TIF, or higher than expected assessment receipts
at the end of the term of the bonds.
3. $315,000 in proceeds for Zone 1B, 2 and 3 utility costs only. Sanitary
sewer will pay cash of$75,000 for its portion of the project.
4. $125,000 for water tower rehab paid by the water utility.
5. $245,000 for water line cleaning paid by the water utility.
The first interest payment on the Bonds will be August 1, 2007, and
semiannually thereafter on February 1 and August 1. Principal on the Bonds
will be due on February 1 in the years 2008 through 2020 with the majority of
Funding
bonds paid within seven years. Principal maturing February 1, 2014 and
thereafter will be subject to prepayment at the discretion of the City on
February 1,2013.
The Bonds are general obligations of the City and as such are secured by a
pledge of the City's full faith, credit, and taxing powers. The Chapter 429
portion of the Bonds will carry a certified tax levy in the resolution, which
will annually be written down by storm sewer, water and MSA revenues. All
contributions from the storm sewer and water utility portions of the project
were increased gradually to allow for other debt to be paid off and new rates
to take effect. It is not expected that the City will levy any taxes to support
the Bonds, unless other revenue sources are not received in a timely basis.
The Bonds will be bank qualified since the City will be issuing less than $10
million in bonds this year.
From:
To:
Date:
Subject:
"GID - Moody's Investors Service" <epi@moodys.com>
<mark@ehlers-inc.com>
11/8/20065:07:14 PM
Columbia Heights (City of) MN
MOODY'S ASSIGNS A1 RATING TO COLUMBIA HEIGHTS' (MN) $4.1 MilLION GO
IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A
A1 AFFIRMATION AFFECTS $8.8 MilLION OUTSTANDING GENERAL OBLIGATION DEBT,
INCLUDING CURRENT OFFERING
Columbia Heights (City of) MN
Municipality
Minnesota
Moody's Rating
Issue
Rating
General Obligation Improvement and Utility Revenue Bonds,
Series 2006A A 1
Sale Amount $4,075,000
Expected Sale Date 11/20/06
Rating Description General Obligation Unlimited Tax
NEW YORK, November 8,2006 -- Moody's Investors Service has assigned an A1
rating to the City of Columbia Heights' (MN) $4.1 million General Obligation
Improvement and Utility Revenue Bonds, Series 2006A. Concurrently, Moody's has
affirmed the A 1 rating on the city's $4.7 million in general obligation debt
outstanding. The bonds are secured by the city's general obligation unlimited
tax pledge, and will finance city road improvement projects and water utility
system upgrades as well as address deferred maintenance needs. The A 1 rating
is based on the city's healthy tax base growth due to management's prudent
redevelopment strategies, favorable Twin Cities location, sound financial
operations with sufficient reserve levels, and below-average debt levels with
rapid principal amortization.
MATURE TAX BASE lOCATED NORTH OF MINNEAPOLIS EXPECTED TO CONTINUE
REDEVELOPMENT EFFORTS
Overall, the Twin Cities economy continues to enjoy solid expansion, driven by
a robust professional and business service sector. Education, health care, and
hospitality services - all large contributors to the metro area's economy have
been performing well, though retail payrolls remain soft. Mirroring national
trends, the metro housing market has cooled with an accumulating inventory,
though the effects on construction payrolls has been muted as commercial and
public building projects have absorbed some of the slack. An important
component of the metro area's long term growth potential lies in the
convergence of its technology and life science industries with its research
institutions, which draws on the metro area's highly educated workforce.
Moody's anticipates future tax base growth to remain modest, as Columbia
Heights is a mature, fully developed inner-tier suburb north of Minneapolis
(GO rated Aa1). The city's average $1.2 billion tax base has increased at a
healthy 12.1 % five year average annual rate, which reflects both redevelopment
efforts and residential real estate appreciation. The city has been involved
in redevelopment projects, purchasing, and rehabilitating existing homes and
buildings, largely through successful tax increment districts. The population,
presently estimated at 18,520, has decreased 2.1 % from 1990, and has declined
from 23,837 as recently as 1970. Wealth indices have fallen relative to state
medians, with per capita income at 92.1% in 2000 as compared to 96.7% in 1990,
and median family income equal to 89% in 2000 compared to 99.4% in 1990.
SOUND FINANCIAL OPERATIONS EVIDENCED BY HEALTHY RESERVES
Moody's expects Columbia Heights to maintain sound financial operations due to
prudent management, and a historically solid balance sheet, despite several
years of declining General Fund balances from 2001 to 2003. After posting a
sizeable $717,000 surplus in 2004, the city's General Fund declined $790,000,
ending with $3.35 million or a solid 39.8% of revenues. Observing a formal
operating fund balance policy of retaining 45% of operating expenditures, the
city typically uses fund balance in excess of this level for capital projects.
Moody's recognizes that the city benefits from additional liquidity in the
form of several capital improvement and equipment funds, which, while normally
used for ongoing capital projects and maintenance needs, is available for
contingency purposes. At the end of 2005, these combined balances represented
$9.6 million of available reserves. The city also receives transfers in from
the municipal Liquor Fund, which retained a $4.3 million balance at the end of
2005. Officials expect balanced operations for 2006. Moody's believes future
city budgets will benefit strong existing reserve levels, solid financial
management, and a significant portion of local revenue derived from local
sources (only 23% of the General Fund's 2005 revenues came from
intergovernmental sources).
FAVORABLE DEBT PROFILE EXPECTED TO CONTINUE
At 0.7%, the city's direct debt burden is below average (2.7% overall),
yielding a similarly modest $483 direct debt per capita. Additional debt is
expected to be correlated to future redevelopment efforts, though the exact
timing and amount is undetermined. Given aggressive principal amortization
(98.2% retired in ten years), and a significant portion of existing debt
service supported from generated tax increment and utility revenues, Moody's
expects the city's debt profile will remain favorable.
KEY STATISTICS
2000 Population: 18,529 (-2.1 % since 1990)
2005 Full value: $1.2 billion
Full value per capita: $69,608
Direct debt burden: 0.7%
Overall debt burden: 2.7%
Amortization of principal (10 years): 98.2%
Fiscal 2005 General Fund balance: $3.3 million (39.8% of General Fund
revenues)
2000 Median family income, as % of state: 89%
2000 Per capita income, as % of state: 92.1 %
Post-sale general obligation debt outstanding: $8.8 million, including current
offering
ANAL YSTS:
Jeannie C. Iseman, Analyst, Public Finance Group, Moody's Investors Service
Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors
Service
CONTACTS:
Journalists: (212) 553-0376
Research Clients: (212) 553-1653
Copyright 2006, Moody's Investors Service, Inc. and/or its licensors and
affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S").
All rights reserved.
ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF
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Extract of Minutes of Meeting
of the City Council of the City of
Columbia Heights, Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday,
November 13,2006, commencing at 7:00 P.M.
The following members were present:
and the following were absent:
* * *
* * *
* * *
The Mayor announced that the next order of business was consideration of the proposals
which have been received for the purchase of the City's approximately $4,075,000 General
Obligation Improvement and Utility Revenue Bonds, Series 2006A.
The City Manager presented a tabulation of the proposals which have been received in the
manner specified in the Terms of Proposal for the Bonds. The proposals are as follows:
After due consideration of the proposals, Member
then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF GENERAL
OBLIGATION IMPROVEMENT AND
UTILITY REVENUE BONDS, SERIES 2006A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County,
Minnesota (the "City") as follows:
Section 1.
Background.
1.01. By Ordinance No. (Ordinance), the City Council authorized issuance of
general obligation bonds in the maximum principal amount of $4,430,000 in order to finance Zone
7 A 2004 Street Reconstruction Improvements, Zone 7B/IA 2006 Street and Utility Improvements,
Huset Parkway Improvements, and Zone IB, 2, 3, water tower and water line cleaning
improvements.
1.02. The Zone 7 A 2004 Street Reconstruction Improvements, the Zone 7BIlA 2006
Street and Utility Improvements and Huset Parkway Improvements are referred to collectively as
the "Assessable Improvements" and Zone IB, 2, 3, water tower and water line cleaning
improvements are referred to as the "Utility System Improvements".
1.03. The City has determined that, within 30 days after publication of the Ordinance, no
petition for a referendum on issuance of bonds was received by the City in accordance with the City
Charter, and accordingly the City has determined to issue its $ General Obligation
Improvement and Utility Revenue Bonds, Series 2006A (Bonds) in order to finance the Assessable
Improvements and the Utility System Improvements.
1.04. The proposal of (the "Purchaser")
to purchase $ General Obligation Improvement and Utility Revenue Bonds, Series
2006A (the "Bonds") of the City described in the Terms of Proposal thereof is found and
determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a
price of $ plus accrued interest to date of delivery, for Bonds bearing interest as
follows:
2
Year of
Maturity
Interest
Rate
Year of
Maturity
Interest
Rate
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
True interest cost:
1.05. Purchase Contract. The sum of $ being the amount proposed by the
Purchaser in excess of $ shall be credited to the Debt Service Fund hereinafter
created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the
City's financial advisor. The City Finance Director is directed to retain the good faith check of the
Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the
unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the
Purchaser on behalf of the City.
1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475 (the "AcC),
in the total principal amount of $ , originally dated December 7, 2006, in the
denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing
interest as above set forth, and maturing serially on February 1 in the years and amounts as follows:
Year Amount Year Amount
2008 2016
2009 2017
2010 2018
2011 2019
2012 2020
2013 2021
2014 2022
2015
$ of the Bonds (the "Improvement Bonds") maturing in the amounts and on the dates
set forth below are being issued to finance the Assessable Improvements:
3
Year
Amount
Year
Amount
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
The remaining $ of the Bonds (the "Utility Revenue Bonds") maturing in the
amounts and on the dates set forth below are being issued to finance the Utility System
Improvements:
Year Amount Year Amount
2008 2013
2009 2014
2010 2015
2011 2016
2012 2017
1.07. Optional Redemption. The City may elect on February 1, 2013, and on any day
thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City wili notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
will be payable on February 1 and August 1 of each year, commencing August 1, 2007, to the
4
registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner's
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. W-hen a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal,
in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(t) Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether
the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner's order will be valid and effectual to satisfy and
discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to the transfer or
exchange.
5
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of
evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it and as provided by law, in which both the City and
the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) to the registered owner
of each Bond to be redeemed at the address shown on the registration books kept by the
Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to any registered owner, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption
will cease to bear interest after the specified redemption date, provided that the funds for
the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, the resulting corporation is authorized to
act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon 30
days' notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Finance Director must transmit to the Registrar
moneys sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles
of the originals. If an officer whose signature or a facsimile of whose signature appears on the
Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office
until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
6
purpose or entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
prIce.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3.
Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the following form:
No.R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
GENERAL OBLIGATION IMPROVEMENT AND UTILITY
REVENUE BOND, SERIES 2006A
Rate
Maturity
Date of
Original Issue
CUSIP
February 1,20_
December 7, 2006
Registered Owner: Cede & Co.
The City of Columbia Heights, Minnesota, a duly organized and eXIstmg municipal
corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for
value received hereby promises to pay to the Registered Owner specified above or registered
assigns, the principal sum of $ on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in
each year, commencing August 1,2007, to the person in whose name this Bond is registered at the
close of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by U.S. Bank National
7
Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating
Agent, or its designated successor under the Resolution described herein. For the prompt and full
payment of such principal and interest as the same respectively become due, the full faith and credit
and taxing powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1,2013, and on any day thereafter to prepay Bonds due on
or after February 1,2014. Redemption may be in whole or in part and if in part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notifY The Depository Trust Company ("DTC") of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's
interest in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue
Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $ all of
like original issue date and tenor, except as to number, maturity date, redemption privilege, and
interest rate, all issued pursuant to a resolution adopted by the City Council on November 13,2006
(the "Resolution"), for the purpose of providing money to aid in financing various improvements to
the water and sewage disposal system of the City and certain other local improvements, pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the principal hereof and interest
hereon are payable in part from the net revenues of the utility system of the City, in part from
special assessments levied against property specially benefited by local improvements, and in part
from ad valorem taxes for the City's share of the cost of the improvements, and as set forth in the
Resolution to which reference is made for a full statement or rights and powers thereby conferred.
The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City
Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in
the event of any deficiency in net revenues, special assessments and taxes pledged, which taxes may
be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully
registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same date, subject to
reimbursement for any tax, fee or governnlental charge required to be paid with respect to such
transfer or exchange.
8
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the
issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF COLUMBIA HEIGHTS,
MINNESOTA
(Facsimile)
City Manager
(Facsimile)
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION
By
Authorized Representative
9
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
III common
UNIF GIFT MIN ACT Custodian
(Cust ) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
Act. . . . . .
(State)
Additional abbreviations may also be used though not in the above list.
(The remainder of this page is intentionally left blank.)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of the within Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a financial institution that is a member ofthe Securities Transfer
Agent Medallion Program ("STEMP"), the Stock Exchange Medallion Program ("SEMP"), the
10
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature
guarantee program" as may be determined by the Registrar in addition to, or in substitution for,
STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if
Bond is held by joint account.)
Please insert social security or other
identifYing number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ID #13-2555119
3.02. Approving Legal Opinion. The City Manager will obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be
complete except as to dating thereof and will cause the opinion to be printed on or accompany each
Bond.
Section 4.
Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund and Accounts Maintained in the Debt Service Fund. (a) The
Bonds are payable from the General Obligation Improvement and Utility Revenue Bonds, Series
2006A Debt Service Fund (the "Debt Service Fund") hereby created. The City will maintain an
"Improvements Account" (the "Improvements Account") and a "Sewer and Water Utilities
Account" (the "Utilities Account") in the Debt Service Fund.
11
(b) The City Manager will timely deposit in the Improvements Account the special
assessments (the "Assessments") and taxes (the "Taxes") levied or to be levied for the Assessable
Improvements, which Assessments and Taxes are pledged to that account of the Debt Service Fund.
There is also appropriated to the Improvements Account of the Debt Service Fund $
represents a portion of the amount over the minimum purchase price paid by the Purchaser and
designated for deposit in the Debt Service Fund in accordance with Section 1.05. If any payment of
principal or interest on the Improvement Bonds portion of the Bonds will become due when there is
not sufficient money in the Improvements Account of the Debt Service Fund to pay the same, the
Finance Director is directed to pay such principal or interest from the general fund of the City, and
the general fund will be reimbursed for such advances out of the proceeds of Assessments and
Taxes when received.
(c) The City will create and continue to operate its Water and Sewer Fund to which will
be credited all gross revenues of the water and sewer plant and system and out of which will be paid
all normal and reasonable expenses of current operations of the water and sewer plant and system.
Any balance therein are deemed net revenues and will be transferred, from time to time, to the
Utilities Account of Debt Service Fund, hereby created in the Water and Sewer Fund, which
account will be used only to pay principal of and interest on Utility Revenue Bonds portion of the
Bonds and any other bonds similarly authorized. There will always be retained in the Utilities
Account of the Debt Service Fund a sufficient amount to pay principal of and interest on all the
Utility Revenue Bonds portion of the Bonds and the City Manager must report any current or
anticipated deficiency in the Utilities Account to the City Council. There is appropriated to the
Utilities Account of the Debt Service Fund $ , representing a portion of the amount over
the minimum purchase price paid by the Purchaser, and designated for deposit in the Debt Service
Fund in accordance with Section 1.05.
(d) The proceeds of the Bonds, less the appropriations made in paragraphs (b) and ( c),
together with any other funds appropriated during the construction of the Assessable Improvements
and Utility Improvements (collectively, the "Improvements") will be deposited in an Assessable
Improvements subaccount and a Utility Improvements subaccount, respectively, in a separate
construction fund to be used solely to defray expenses of the Improvements and the payment of
principal and interest on the Bonds prior to the completion and payment of all costs of the Projects.
When the Improvements are completed and the cost thereof paid, the construction account is to be
closed and any balance in the respective subaccounts therein to be deposited in the Improvements
Account and the Utilities Account, respectively, of the Debt Service Fund, as the case may be.
4.02. Covenants Regarding Assessable Improvements. It is hereby determined that the
Assessable Improvements will directly and indirectly benefit abutting property, and the City hereby
covenants with the holders from time to time of the Bonds as follows:
(a) The City has caused or will cause the Assessments for the Assessable Improvements
to be promptly levied so that the first installment will be collectible not later than 2007 and
will take all steps necessary to assure prompt collection, and the levy of the Assessments is
hereby authorized. The City Council will cause to be taken with due diligence all further
actions that are required for the construction of each Improvement financed wholly or partly
12
from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further
actions necessary for the final and valid levy of the Assessments and the appropriation of
any other funds needed to pay the Improvement Bonds portion of the Bonds and interest
thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments and Taxes, the
City Council will levy additional ad valorem taxes in the amount of the current or
anticipated deficiency.
(c) The City will keep complete and accurate books and records showing: receipts and
disbursements in connection with the Assessable Improvements, Assessments and Taxes
levied therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, monies on hand and, the balance of unpaid Assessments and
Taxes.
(d) The City will cause its books and records to be audited at least annually and will
furnish copies of such audit reports to any interested person upon request.
4.03. Covenants Regarding Utility System Improvements. The City Council covenants
and agrees with the holders of the Bonds that so long as any of the Utility Revenue portion of the
Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and
agreements:
(a) Maintenance and Operation of System. The City will continue to maintain and
efficiently operate the water and sewer plant and system as public utilities and conveniences
free from competition of other like utilities and will cause all revenues therefrom to be
deposited in bank accounts and credited to the water and sewer system accounts as
hereinabove provided, and will make no expenditures from those accounts except for a duly
authorized purpose and in accordance with this resolution.
(b) Utilities Account to be Maintained as Separate Account. The City will also maintain
the Utilities Account of the Debt Service Fund as a separate account in the Water and Sewer
Fund and will cause money to be credited thereto from time to time, out of net revenues
from the water and sewer plant and system in sums sufficient to pay principal of and interest
on the Utility Revenue Bonds portion of the Bonds when due.
(c) Books of Records and Accounts Relating to the System. The City will keep and
maintain proper and adequate books of records and accounts separate from all other records
of the City in which will be complete and correct entries as to all transactions relating to the
water and sewer plant and system and which will be open to inspection and copying by any
bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish
certified transcripts therefrom upon request and upon payment of a reasonable fee therefor,
and said account will be audited at least annually by a qualified public accountant and
statements of such audit and report will be furnished to all bondholders upon request.
13
(d) Persons Handling Revenues and Banks Receiving Deposits. The City Council will
cause persons handling revenues of the water and sewer plant and system to be bonded in
reasonable amounts for the protection of the City and the bondholders and will cause the
funds collected on account of the operations of the water and sewer plant and system to be
deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance
Law.
(e) Insurance. The Council will keep the water and sewer plant and system insured at
all times against loss by fire, tornado and other risks customarily insured against with an
insurer or insurers in good standing, in such amounts as are customary for like plants, to
protect the holders, from time to time, of the Bonds and the City from any loss due to any
such casualty and will apply the proceeds of such insurance to make good any such loss.
(f) Performance of Duties. The City and each and all of its officers will punctually
perform all duties with reference to the water and sewer plant and system as required by
law.
(g) Pledge to Produce Revenues. The City will impose and collect charges of the nature
authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required
to produce, net revenues adequate to pay all principal and interest when due on the Utility
Revenue Bonds portion of the Bonds and to create and maintain such reserves securing said
payments as may be provided in this resolution.
(h) Payment of Deficiencies, if Any. The City Council will levy general ad valorem
taxes on all taxable property in the City, when required to meet any deficiency in net
revenues.
4.04. Pledge of Taxes. It is determined that at least 20% of the cost of the Assessable
Improvements will be specially assessed against benefited properties. For the purpose of paying
the principal of and interest on the Improvement Bonds portion of the Bonds, there is levied a
direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the
City, which will be spread upon the tax rolls and collected with and as part of other general taxes
of the City. The taxes will be credited to the Improvement Account of the Debt Service Fund
above provided and will be in the years and amounts as follows (year stated being year of levy
for collection the following year):
Year Levv
(See Exhibit A)
4.05. Certification to Manager of Property Records & Taxation as to Debt Service Fund
Amount. (a) It is hereby determined that the estimated collections of Assessments and the
foregoing Taxes will produce at least five percent in excess of the amount needed to meet when
due the principal and interest payments on the Improvement Bonds portion of the Bonds. The
tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time
the City makes its annual tax levies the City Manager may certify to the Manager of Property
14
Records & Taxation of Anoka County the amount available in the Improvement Account of the
Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of
Property Records & Taxation will thereupon reduce the levy collectible during such year by the
amount so certified.
(b) It is hereby determined that the estimated collection of net revenues for the
payment of principal and interest on the Utility Revenue Bonds portion of the Bonds will
produce at least five percent in excess of the amount needed to meet, when due, the principal and
interest payments on such portion of the Bonds and that no tax levy is needed at this time with
respect to the Utility Revenue Bonds portion of the Bonds.
4.06. Manager of Property Records & Taxation Certificate as to Registration. The City
Manager is directed to file a certified copy of this Resolution with the Manager of Property Records
& Taxation of Anoka County and obtain the certificate required by Minnesota Statutes, Section
475.63.
Section 5.
Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of
proceedings and records of the City relating to the Bonds and to the financial condition and affairs
of the City, and such other certificates, affidavits and transcripts as may be required to show the
facts within their knowledge or as shown by the books and records in their custody and under their
control, relating to the validity and marketability of the Bonds, and such instruments, including any
heretofore furnished, will be deemed representations of the City as to the facts stated therein.
5.02. Certification as to Official Statement. The Mayor, City Manager and Finance
Director are authorized and directed to certifY that they have examined the Official Statement
prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of
their knowledge and belief the Official Statement is a complete and accurate representation of the
facts and representations made therein as of the date of the Official Statement.
5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts
payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by the City's
financial adviser, Ehlers & Associates, Inc.
Section 6.
Tax Covenant.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or pemlit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees or agents to take, all affirmative action within its power that may be necessary
15
to ensure that such interest will not become subject to taxation under the Code and applicable
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. No Rebate Required. (a) The City will comply with requirements necessary
under the Code to establish and maintain the exclusion from gross income of the interest on the
Bonds under Section 103 of the Code, including without limitation requirements relating to
temporary periods for investments, limitations on amounts invested at a yield greater than the yield
on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds
(together with other obligations reasonably expected to be issued in calendar year 2006) exceed the
small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities
of the City) during the calendar year in which the Bonds are issued and outstanding at one time is
not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the
Code.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of
the Code.
6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) ofthe Code, the City makes the
following factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes
of Section 265(b )(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all
subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2006 have been designated for purposes of Section 265(b)(3) ofthe Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
16
Section 7.
Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten
or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee of DTC.
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository
(the "Participants") or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records ofDTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat
and consider the person in whose name each Bond is registered in the registration books kept by the
Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal,
premium and interest with respect to such Bond, for the purpose of registering transfers with respect
to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as shown
in the registration books kept by the Registrar, and all such payments will be valid and effectual to
fully satisfy and discharge the City's obligations with respect to payment of principal of, premium,
if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a
registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a
certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City
Manager of a written notice to the effect that DTC has determined to substitute a new nominee in
place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon
receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar
and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the "Representation Letter") which will govern
payment of principal of, premium, if any, and interest on the Bonds and notices with respect to
the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to
the Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Registrar and Paying Agent, respectively, to be
complied with at all times.
17
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owner in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8.
Continuing Disclosure.
8.01. Limited Continuing Disclosure. In order to qualify the Bonds for limited
continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules,
Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and
representation: As of the date of delivery of the Bonds, the City will not be an obligated person
(as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate
amount of outstanding municipal securities, including the Bonds and excluding municipal
securities that were exempt from the SEC Rule pursuant to paragraph (d)(I) thereof.
8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate will not be considered an
event of default with respect to the Bonds; however, any Bondholder may take such actions as
may be necessary and appropriate, including seeking mandate or specific performance by court
order, to cause the City to comply with its obligations under this section.
8.03. Execution of Continuing Disclosure Certificate. "Continuing Disclosure
Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and
City Manager and dated the date of issuance and delivery of the Bonds, as originally executed
and as it may be amended from time to time in accordance with the terms thereof.
18
Section 9. Defeasance. When all Bonds (or all of either the Improvement
Bonds or Utility Revenue Bonds portion thereof) have been discharged as provided in this
section, all pledges, covenants and other rights granted by this resolution (with respect to the
Improvement Bonds or Utility Revenue Bonds portion of the Bonds, as the case may be) to
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for
the prompt and full payment of the principal of and interest on the Bonds will remain in full
force and effect. The City may discharge all Bonds (or all of either the Improvement Bonds or
Utility Revenue Bonds portion thereof) which are due on any date by depositing with the
Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Registrar
a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
19
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
20
STATE OF MINNESOTA )
)
COUNTY OF ANOKA ) SS.
)
CITY OF COLUMBIA HEIGHTS )
I, the undersigned, being the duly qualified and acting Manager of the City of Columbia
Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached
and foregoing extract of minutes of a regular meeting of the City Council of the City held on
November 13, 2006 with the original minutes on file in my office and the extract is a full, true and
correct copy of the minutes insofar as they relate to the issuance and sale of
General Obligation Improvement and Utility Revenue Bonds, Series 2006A of the City.
WITNESS My hand officially as such Manager and the corporate seal of the City this
day
2006.
City Manager
Columbia Heights, Minnesota
(SEAL)
COUNTY OF ANOKA
MANAGER OF PROPERTY RECORDS
& TAXATION'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
STATE OF MINNESOTA
I, the undersigned Manager of Property Records & Taxation of Anoka County,
Minnesota, hereby certify that a resolution adopted by the City Council of the City of Columbia
Heights, Minnesota, on November 13, 2006, levying taxes for the payment of $
General Obligation Improvement and Utility Revenue Bonds, Series 2006A, dated as of December
7, 2006, has been filed in my office and said obligations have been registered on the register of
obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _ day of
,2006.
Manager of Property Records & Taxation
Anoka County, Minnesota
(SEAL)
Deputy
PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA.
REMOVE - Resolution No. 2006-232, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4242 Quincy Street N.E. a nuisance
and approving the abatement of violations
ABATEMENT HEARINGS TO BE REMOVED FROM THE AGENDA.
REMOVE - Resolution No. 2006-229. a resolution of the City Council of the City of
Columbia Heights declaring the property at 4110 6th Street N.E. a nuisance and
approving the abatement of violations
REVISED
RESOLUTION 2006-223
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Dawn Chambers (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3816 Tyler Street N .E.
Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certifed mail to the owner of record on September 28, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on August 24, 2006 an inspection was conducted on the property listed above.
Inspectors found three violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 28,2006, inspectors re-inspected the property listed above. Inspectors
noted that three violations remained uncorrected. A compliance order and statement of cause
was mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that three
violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall remove all areas of scrub growth from around garage and fence.
B. Repair chain link fence on rear of property.
C. Scrape and paint trim on garage.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3816 Tyler Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
REVISED
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 3816 Tyler Street N .E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
REVISED
RESOLUTION 2006-224
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Joseph Wagner (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3848 Jackson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 9,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 6, 2006 an inspection was conducted on the property listed above.
Inspectors found two violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 9,2006, inspectors re-inspected the property listed above. Inspectors noted
that two violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that three
violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall cut down all/any scrub growth in the following locations;
i. Behind the garage, in the alley
ii. All around the garage.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3848 Jackson Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
REVISED
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 3848 Jackson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
REVISED
RESOLUTION 2006-227
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Anita Streiff (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4021 Jefferson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 23,2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 22, 2006 an inspection was conducted on the property listed above.
Inspectors found four violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on October 23,2006, inspectors re-inspected the property listed above. Inspectors noted
that four violations remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6,2006, inspectors reinspected the property and found that four violations
remained uncorrected.
4. That based upon said records ofthe Fire Department, the following conditions and violations
of City Codes( s) were found to exist, to wit:
A. Shall cut down all/any scrub growth in the following locations along alley and around
fence throughout property.
B. Replace rotted garage fascia boards and paint.
C. Repair hard-surfaced parking in rear near garage off the alley. Asphalt is in poor
condition.
D. Shall remove all/any outside storage from the property.
i. Cardboard.
ii. Large pieces of clear plastic near the garage and rear fence.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
REVISED
CONCLUSIONS OF COUNCIL
1. That the property located at 4021 Jefferson Street is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4021 Jefferson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
REVISED
RESOLUTION 2006-233
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Pablo Catano (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4440 Jefferson Street
N.E. Columbia Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on October 24, 2006
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on September 15, 2006 an inspection was conducted on the property listed above.
Inspectors found one violation. A compliance order was sent via regular mail to the owner at
the address.
2. That on October 24, 2006, inspectors re-inspected the property listed above. Inspectors noted
that one violation remained uncorrected. A compliance order and statement of cause was
mailed via certified mail to the owner listed in the property records.
3. That on November 6, 2006, inspectors reinspected the property and found that one violation
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair/replace front stairs.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4440 Jefferson Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice.ofthis hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
REVISED
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4440 Jefferson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day
2006
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
City of Columbia Heights, MN
Results of Bond Sale
November 13, 2006
$4,075,000 General Obligation Improvement and Utility Revenue Bonds,
Series 2006A
Robert W. Baird & Co., Milwaukee, WI
3.7980%
5
"AI" Moody's
3.7980% - 3.8262%
Results of Sale
Principal Amount
Price
Coupon Rates
Bond Buyers Index
Closing Date
$4,075,000
$4,113,840.85
4.00% - 4.00%
4.19%
December 7, 2006
Accept the bid proposal from Robert W. Baird & Co. and Adopt "A
Resolution A warding The Sale Of $4,075,000 General Obligation
Improvement And Utility Revenue Bonds, Series 2006A; Fixing
Their Form And Specifications; Directing Their Execution And
Delivery; And Providing For Their Payment"
Attachments
III Bid Tabulation
III Moody's Investors Service Credit Rating Report
III Bond Market Graphs
Prepared by
.
EHLERS
& ASSOCIATES INC
BID TABULATION
$1,560,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A
CITY OF COLUMBIA HEIGHTS, MINNESOTA
SALE: November 13, 2006
AWARD: ROBERT W. BAIRD & CO.
RATING: CIFG Insured (Moody's Investors Service, Inc. "Aaa")*
UNDERLYING RATING: Moody's Investors Service, Inc. IA1"
NAME OF BIDDER
MATURITY
(February 1)
ROBERT W. BAIRD & CO.
Milwaukee, Wisconsin
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
PIPER JAFFRAY & CO.
Leawood, Missouri
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
WELLS FARGO BROKERAGE SERVICES, LLC
Minneapolis, Minnesota
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
*CI FG insurance purchased by Robert W. Baird & Co.
EHLERS
& ASSOCIATES INC
RATE
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.0000/.,
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
REOFFERING
YIELD
3.650%
3.590%
3.590%
3.530%
3.570%
3.600%
3.650%
3.700%
3.720%
3.770%
4.000%
4.050%
4.100%
PRICE
NET
INTEREST
COST
B81: 4.19%
TRUE
INTEREST
RATE
$4,113,840.85 $846,009.15 3.7980%
$4,110,237.70 $849,612.30 3.8165%
$4,109,637.50 $850,212.50 3.8195%
3060 Centre Pointe Drive, Roseville, MN 55113
651.697.8500 fax 651.697.8555 www.ehlers-inc.com
Offices in Roseville, MN Brookfield, WI and Lisle, IL
$1,560,000 General Obligation Improvement and Utility Revenue Bonds, Series 2006A
City of Columbia Heights, Minnesota
Page 2
NAME OF BIDDER
MATURITY
(February 1)
RATE REOFFERING
YIELD
PRICE
NET TRUE
INTEREST INTEREST
COST RATE
$4,049,711.00 $843,300.63 3.8240%
HARRIS N.A.
Chicago, Illinois
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
UBS INVESTMENT BANK
Dallas, Texas
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
3.650%
3.650%
3.650%
3.650%
3.650%
3.650%
3.650%
3.700%
3.750%
3.800%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
4.000%
$4,108,333.50 $851,516.50 3.8262%
From:
To:
Date:
Subject:
"GID - Moody's Investors Service" <epi@moodys.com>
<mark@ehlers-inc.com>
11/8/20065:07:57 PM
Columbia Heights (City of) MN
MOODY'S ASSIGNS A1 RATING TO COLUMBIA HEIGHTS' (MN) $4.1 MILLION GO
IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A
A1 AFFIRMATION AFFECTS $8.8 MILLION OUTSTANDING GENERAL OBLIGATION DEBT,
INCLUDING CURRENT OFFERING
Columbia Heights (City of) MN
Municipality
Minnesota
Moody's Rating
Issue
Rating
General Obligation Improvement and Utility Revenue Bonds,
Series 2006A A 1
Sale Amount $4,075,000
Expected Sale Date 11/20/06
Rating Description General Obligation Unlimited Tax
NEW YORK, November 8,2006 -- Moody's Investors Service has assigned an A1
rating to the City of Columbia Heights' (MN) $4.1 million General Obligation
Improvement and Utility Revenue Bonds, Series 2006A. Concurrently, Moody's has
affirmed the A1 rating on the city's $4.7 million in general obligation debt
outstanding. The bonds are secured by the city's general obligation unlimited
tax pledge, and will finance city road improvement projects and water utility
system upgrades as well as address deferred maintenance needs. The A 1 rating
is based on the city's healthy tax base growth due to management's prudent
redevelopment strategies, favorable Twin Cities location, sound financial
operations with sufficient reserve levels, and below-average debt levels with
rapid principal amortization.
MATURE TAX BASE LOCATED NORTH OF MINNEAPOLIS EXPECTED TO CONTINUE
REDEVELOPMENT EFFORTS
Overall, the Twin Cities economy continues to enjoy solid expansion, driven by
a robust professional and business service sector. Education, health care, and
hospitality services - all large contributors to the metro area's economy have
been performing well, though retail payrolls remain soft. Mirroring national
trends, the metro housing market has cooled with an accumulating inventory,
though the effects on construction payrolls has been muted as commercial and
public building projects have absorbed some of the slack. An important
component of the metro area's long term growth potential lies in the
convergence of its technology and life science industries with its research
institutions, which draws on the metro area's highly educated workforce.
Moody's anticipates future tax base growth to remain modest, as Columbia
Heights is a mature, fully developed inner-tier suburb north of Minneapolis
(GO rated Aa1). The city's average $1.2 billion tax base has increased at a
healthy 12.1 % five year average annual rate, which reflects both redevelopment
efforts and residential real estate appreciation. The city has been involved
in redevelopment projects, purchasing, and rehabilitating existing homes and
buildings, largely through successful tax increment districts. The population,
presently estimated at 18,520, has decreased 2.1 % from 1990, and has declined
from 23,837 as recently as 1970. Wealth indices have fallen relative to state
medians, with per capita income at 92.1% in 2000 as compared to 96.7% in 1990,
and median family income equal to 89% in 2000 compared to 99.4% in 1990.
SOUND FINANCIAL OPERATIONS EVIDENCED BY HEALTHY RESERVES
Moody's expects Columbia Heights to maintain sound financial operations due to
prudent management, and a historically solid balance sheet, despite several
years of declining General Fund balances from 2001 to 2003. After posting a
sizeable $717,000 surplus in 2004, the city's General Fund declined $790,000,
ending with $3.35 million or a solid 39.8% of revenues. Observing a formal
operating fund balance policy of retaining 45% of operating expenditures, the
city typically uses fund balance in excess of this level for capital projects.
Moody's recognizes that the city benefits from additional liquidity in the
form of several capital improvement and equipment funds, which, while normally
used for ongoing capital projects and maintenance needs, is available for
contingency purposes. At the end of 2005, these combined balances represented
$9.6 million of available reserves. The city also receives transfers in from
the municipal Liquor Fund, which retained a $4.3 million balance at the end of
2005. Officials expect balanced operations for 2006. Moody's believes future
city budgets will benefit strong existing reserve levels, solid financial
management, and a significant portion of local revenue derived from local
sources (only 23% of the General Fund's 2005 revenues came from
intergovernmental sources).
FAVORABLE DEBT PROFILE EXPECTED TO CONTINUE
At 0.7%, the city's direct debt burden is below average (2.7% overall),
yielding a similarly modest $483 direct debt per capita. Additional debt is
expected to be correlated to future redevelopment efforts, though the exact
timing and amount is undetermined. Given aggressive principal amortization
(98.2% retired in ten years), and a significant portion of existing debt
service supported from generated tax increment and utility revenues, Moody's
expects the city's debt profile will remain favorable.
KEY STATISTICS
2000 Population: 18,529 (-2.1% since 1990)
2005 Full value: $1.2 billion
Full value per capita: $69,608
Direct debt burden: 0.7%
Overall debt burden: 2.7%
Amortization of principal (10 years): 98.2%
Fiscal 2005 General Fund balance: $3.3 million (39.8% of General Fund
revenues)
2000 Median family income, as % of state: 89%
2000 Per capita income, as % of state: 92.1 %
Post-sale general obligation debt outstanding: $8.8 million, including current
offering
ANAL YSTS:
Jeannie C. Iseman, Analyst, Public Finance Group, Moody's Investors Service
Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors
Service
CONTACTS:
Journalists: (212) 553-0376
Research Clients: (212) 553-1653
Copyright 2006, Moody's Investors Service, Inc. and/or its licensors and
affiliates including Moody's Assurance Company, Inc. (together, "MOODY'S").
All rights reserved.
ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF
SUCH
INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER
TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR
SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR
MANNER
OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN
CONSENT. All information contained herein is obtained by MOODY'S from sources
believed by it to be accurate and reliable. Because of the possibility of human
or mechanical error as well as other factors, however, such information is
provided "as is" without warranty of any kind and MOODY'S, in particular,
makes no representation or warranty, express or implied, as to the accuracy,
timeliness, completeness, merchantability or fitness for any particular
purpose of any such information. Under no circumstances shall MOODY'S have any
liability to any person or entity for (a) any loss or damage in whole or in
part caused by, resulting from, or relating to, any error (negligent or
otherwise) or other circumstance or contingency within or outside the control
of MOODY'S or any of its directors, officers, employees or agents in
connection with the procurement, collection, compilation, analysis,
interpretation, communication, publication or delivery of any such
information, or (b) any direct, indirect, special, consequential, compensatory
or incidental damages whatsoever (including without limitation, lost profits),
even if MOODY'S is advised in advance of the possibility of such damages,
resulting from the use of or inability to use, any such information. The
credit ratings and financial reporting analysis observations, if any,
constituting part of the information contained herein are, and must be
construed solely as, statements of opinion and not statements of fact or
recommendations to purchase, sell or hold any securities. NO WARRANTY, EXPRESS
OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR
INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each
rating or other opinion must be weighed solely as one factor in any investment
5.40%
5.20% .-
BOND INDEX
Bond Buyer Index (20 Bond, 20 Years) Revenue Bond Index (25 Bond, 30 Years)
As of November 13, 2006
Revenue Bond Index............. 4.60%
Bond Buyer Index................. 4.19%
5.00%
4.80%
4.60%
4.40%
4.20%
4.00%
( April 2005 through November 2006 )
Extract of Minutes of Meeting
of the City Council of the City of
Columbia Heights, Anoka County, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Columbia Heights, Minnesota, was duly held in the City Hall in said City on Monday,
November 13, 2006, commencing at 7:00 P.M.
The following members were present:
and the following were absent:
***
***
* * *
The Mayor announced that the next order of business was consideration of the proposals
which have been received for the purchase of the City's $4,075,000 General Obligation
Improvement and Utility Revenue Bonds, Series 2006A.
The City Manager presented a tabulation of the proposals which have been received in the
manner specified in the Terms of Proposal for the Bonds. The proposals are as follows:
After due consideration of the proposals, Member
then introduced
the following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $4,075,000 GENERAL
OBLIGATION IMPROVEMENT AND
UTILITY REVENUE BONDS, SERIES 2006A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELNERY;
AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County,
Minnesota (the "City") as follows:
Section 1.
Background.
1.01. By Ordinance No. 1514 (the "Ordinance"), the City Council authorized issuance of
general obligation bonds in the maximum principal amount of $4,430,000 in order to finance Zone
7 A 2004 Street Reconstruction Improvements, Zone 7B/1A 2006 Street and Utility Improvements,
Huset Parkway Improvements, and Zone 1B, 2, 3, water tower and water line cleaning
improvements.
1.02. The Zone 7 A 2004 Street Reconstruction Improvements, the Zone 7BIlA 2006
Street and Utility Improvements and Huset Parkway Improvements are referred to collectively as
the "Assessable Improvements" and Zone 1B, 2, 3, water tower and water line cleaning
improvements are referred to as the "Utility System Improvements".
1.03. The City has determined that, within 30 days after publication of the Ordinance, no
petition for a referendum on issuance of bonds was received by the City in accordance with the City
Charter, and accordingly the City has determined to issue its $4,075,000 General Obligation
Improvement and Utility Revenue Bonds, Series 2006A (the "Bonds") in order to finance the
Assessable Improvements and the Utility System Improvements.
1.04. The proposal of Robert W. Baird & Co. (the "Purchaser") to purchase the Bonds of
the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer
and is accepted, the proposal being to purchase the Bonds at a price of $4,113,840.85 for Bonds
bearing interest as follows:
2
Year of Interest Year of Interest
Maturity Rate Maturity Rate
2008 4.00% 2015 4.00%
2009 4.00 2016 4.00
2010 4.00 2017 4.00
2011 4.00 2018 4.00
2012 4.00 2019 4.00
2013 4.00 2020 4.00
2014 4.00
True interest cost: 3.7980266%
1.05. Purchase Contract. The sum of $89,779 being the amount proposed by the
Purchaser in excess of $4,024,062 shall be credited to the Construction Fund under Section 4.01
hereof The City Finance Director is directed to retain the good faith check of the Purchaser,
pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on
behalf ofthe City.
1.06. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to Minnesota Statutes, Section 444.075 and Chapters 429 and 475 (the "Act"),
in the total principal amount of$4,075,000, originally dated December 7, 2006, in the denomination
of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as
above set forth, and maturing serially on February 1 in the years and amounts as follows:
Year Amount Year Amount
2008 $275,000 2015 $245,000
2009 440,000 2016 250,000
2010 485,000 2017 270,000
2011 520,000 2018 25,000
2012 565,000 2019 25,000
2013 465,000 2020 25,000
2014 485,000
$3,405,000 of the Bonds (the "hnprovement Bonds") maturing in the amounts and on the dates set
forth below are being issued to finance the Assessable hnprovements:
3
Year Amount Year Amount
2008 $225,000 2015 $170,000
2009 385,000 2016 175,000
2010 425,000 2017 190,000
2011 455,000 2018 25,000
2012 500,000 2019 25,000
2013 395,000 2020 25,000
2014 410,000
The remaining $670,000 of the Bonds (the "Utility Revenue Bonds") maturing in the amounts and
on the dates set forth below are being issued to finance the Utility System Improvements:
Year Amount Year Amount
2008 $50,000 2013 $70,000
2009 55,000 2014 75,000
2010 60,000 2015 75,000
2011 65,000 2016 75,000
2012 65,000 2017 80,000
1.07. Optional Redemption. The City may elect on February 1, 2013, and on any day
thereafter to prepay Bonds due on or after February 1, 2014. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Section 2.
Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
will be payable on February 1 and August 1 of each year, commencing August 1, 2007, to the
registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
4
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner's
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
( e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refitsal,
in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether
the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the
principal of and interest on the Bond and for all other purposes, and payments so made to a
registered owner or upon the owner's order will be valid and effectual to satisfy and
discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax,
fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
5
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in connection therewith;
and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of
evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership
thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance and amount satisfactory to it and as provided by law, in which both the City and
the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a
copy of the redemption notice by first class mail (postage prepaid) to the registered owner
of each Bond to be redeemed at the address shown on the registration books kept by the
Registrar and by publishing the notice if required by law. Failure to give notice by
publication or by mail to any registered owner, or any defect therein, will not affect the
validity of the proceedings for the redemption of Bonds. Bonds so called for redemption
will cease to bear interest after the specified redemption date, provided that the funds for
the redemption are on deposit with the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, the resulting corporation is authorized to
act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the rig.lJ.t to remove the Registrar upon 30
days' notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the City Finance Director must transmit to the Registrar
moneys sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles
of the originals. If an officer whose signature or a facsimile of whose signature appears on the
Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will
nevertheless be valid and sufficient for all purposes, the same as ifthe officer had remained in office
until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any
purpose or entitled to any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
6
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
pnce.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the foml set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3.
Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the following form:
No.R-
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
$
GENERAL OBLIGATION IMPROVEMENT AND UTILITY
REVENUE BOND, SERIES 2006A
Rate
Maturity
Date of
Original Issue
CUSIP
February 1,20_
December 7, 2006
Registered Owner: Cede & Co.
The City of Columbia Heights, Minnesota, a duly organized and eXIstmg municipal
corporation in Anoka County, Minnesota (the "City"), acknowledges itself to be indebted and for
value received hereby promises to pay to the Registered Owner specified above or registered
assigns, the principal sum of $ on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified above, payable February I and August 1 in
each year, commencing August 1, 2007, to the person in whose name this Bond is registered at the
close of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by U.S. Bank National
Association, St. Paul, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating
Agent, or its designated successor under the Resolution described herein. For the prompt and full
7
payment of such principal and interest as the same respectively become due, the full faith and credit
and taxing powers ofthe City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2013, and on any day thereafter to prepay Bonds due on
or after February 1,2014. Redemption may be in whole or in part and ifin part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notifY The Depository Trust Company ("DTC") of the particular
amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's
interest in such maturity to be redeemed and each participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus
accrued interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue
Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $4,075,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest
rate, all issued pursuant to a resolution adopted by the City Council on November 13, 2006
(the "Resolution"), for the purpose of providing money to aid in financing various improvements to
the water and sewage disposal system of the City and certain other local improvements, pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the principal hereof and interest
hereon are payable in part from the net revenues of the utility system of the City, in part from
special assessments levied against property specially benefited by local improvements, and in part
from ad valorem taxes for the City's share of the cost of the improvements, and as set forth in the
Resolution to which reference is made for a full statement of rights and powers thereby conferred.
The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City
Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in
the event of any deficiency in net revenues, special assessments and taxes pledged, which taxes may
be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully
registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or
Bonds to be issued in the name of the transferee or registered owner, of the same aggregate
principal amount, bearing interest at the same rate and maturing on the same date, subject to
reimbursement for any tax, fee or governmental charge required to be paid with respect to such
transfer or exchange.
8
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Registrar will be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the
issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF COLUMBIA HEIGHTS,
MINNESOTA
(Facsimile)
(Facsimile)
City Manager
Mayor
CERTIFICATE OF AUTHENTICATION
This is one ofthe Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIA nON
By
Authorized Representative
9
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
III common
UNIF GIFT MIN ACT Custodian
(Cust) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
JT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
Act. . . . . .
(State)
Additional abbreviations may also be used though not in the above list.
(The remainder of this page is intentionally left blank.)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attomey to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the name as it appears
upon the face of the within Bond in every particular, without alteration or any change
whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer
Agent Medallion Program ("STEMP"), the Stock Exchange Medallion Program ("SEMP"), the
New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature
10
guarantee program" as may be determined by the Registrar in addition to, or in substitution for,
STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this
Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ill #13-2555119
3.02. Approving Legal Opinion. The City Manager will obtain a copy of the proposed
approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be
complete except as to dating thereof and will cause the opinion to be printed on or accompany each
Bond.
Section 4.
Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund and Accounts Maintained in the Debt Service Fund. (a) The
Bonds are payable from the General Obligation Improvement and Utility Revenue Bonds, Series
2006A Debt Service Fund (the "Debt Service Fund") hereby created. The City will maintain an
"Improvements Account" (the "Improvements Account") and a "Sewer and Water Utilities
Account" (the "Utilities Account") in the Debt Service Fund.
11
(b) The City Manager will timely deposit in the Improvements Account the special
assessments (the "Assessments") and taxes (the "Taxes") levied or to be levied for the Assessable
Improvements, which Assessments and Taxes are pledged to that account of the Debt Service Fund.
If any payment of principal or interest on the Improvement Bonds portion of the Bonds will become
due when there is not sufficient money in the Improvements Account of the Debt Service Fund to
pay the same, the Finance Director is directed to pay such principal or interest from the general fund
of the City, and the general fund will be reimbursed for such advances out of the proceeds of
Assessments and Taxes when received.
(c) The City will create and continue to operate its Water and Sewer Fund to which will
be credited all gross revenues of the water and sewer plant and system and out of which will be paid
all normal and reasonable expenses of current operations of the water and sewer plant and system.
Any balance therein are deemed net revenues and will be transferred, from time to time, to the
Utilities Account of Debt Service Fund, hereby created in the Water and Sewer Fund, which
account will be used only to pay principal of and interest on Utility Revenue Bonds portion of the
Bonds and any other bonds similarly authorized. There will always be retained in the Utilities
Account of the Debt Service Fund a sufficient amount to pay principal of and interest on all the
Utility Revenue Bonds portion of the Bonds and the City Manager must report any current or
anticipated deficiency in the Utilities Account to the City Council.
(d) The proceeds of the Bonds, less the appropriations made in paragraphs (b) and ( c),
together with any other funds appropriated during the construction of the Assessable Improvements
and Utility Improvements (collectively, the "Improvements") will be deposited in an Assessable
Improvements subaccount and a Utility Improvements subaccount, respectively, in a separate
construction fund to be used solely to defray expenses of the Improvements and the payment of
principal and interest on the Bonds prior to the completion and payment of all costs of the Projects.
There is also appropriated to the Assessable Improvements subaccount $51,287.10, representing a
portion of the amount over the minimum purchase price paid by the Purchaser; and there is
appropriated to the Utility Improvements subaccount $10,170, representing a portion of the amount
over the minimum purchase price paid by the Purchaser. When the Improvements are completed
and the cost thereof paid, the construction account is to be closed and any balance in the respective
sub accounts therein to be deposited in the Improvements Account and the Utilities Account,
respectively, of the Debt Service Fund, as the case may be.
4.02. Covenants Regarding Assessable Improvements. It is hereby determined that the
Assessable Improvements will directly and indirectly benefit abutting property, and the City hereby
covenants with the holders from time to time of the Bonds as follows:
(a) The City has caused or will cause the Assessments for the Assessable Improvements
to be promptly levied so that the first installment will be collectible not later than 2007 and
will take all steps necessary to assure prompt collection, and the levy of the Assessments is
hereby authorized. The City Council will cause to be taken with due diligence all further
actions that are required for the construction of each Improvement financed wholly or partly
from the proceeds of the Improvement Bonds portion of the Bonds, and will take all further
actions necessary for the final and valid levy of the Assessments and the appropriation of
12
any other funds needed to pay the Improvement Bonds portion of the Bonds and interest
thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments and Taxes, the
City Council will levy additional ad valorem taxes in the amount of the current or
anticipated deficiency.
(c) The City will keep complete and accurate books and records showing: receipts and
disbursements in connection with the Assessable Improvements, Assessments and Taxes
levied therefor and other funds appropriated for their payment, collections thereof and
disbursements therefrom, monies on hand and, the balance of unpaid Assessments and
Taxes.
(d) The City will cause its books and records to be audited at least annually and will
furnish copies of such audit reports to any interested person upon request.
4.03. Covenants Regarding Utility System Improvements. The City Council covenants
and agrees with the holders of the Bonds that so long as any of the Utility Revenue portion of the
Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and
agreements:
(a) Maintenance and Operation of System. The City will continue to maintain and
efficiently operate the water and sewer plant and system as public utilities and conveniences
free from competition of other like utilities and will cause all revenues therefrom to be
deposited in bank accounts and credited to the water and sewer system accounts as
hereinabove provided, and will make no expenditures from those accounts except for a duly
authorized purpose and in accordance with this resolution.
(b) Utilities Account to be Maintained as Separate Account. The City will also maintain
the Utilities Account of the Debt Service Fund as a separate account in the Water and Sewer
Fund and will cause money to be credited thereto from time to time, out of net revenues
from the water and sewer plant and system in sums sufficient to pay principal of and interest
on the Utility Revenue Bonds portion ofthe Bonds when due.
(c) Books of Records and Accounts Relating to the System. The City will keep and
maintain proper and adequate books of records and accounts separate from all other records
of the City in which will be complete and correct entries as to all transactions relating to the
water and sewer plant and system and which will be open to inspection and copying by any
bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will furnish
certified transcripts therefrom upon request and upon payment of a reasonable fee therefor,
and said account will be audited at least annually by a qualified public accountant and
statements of such audit and report will be furnished to all bondholders upon request.
(d) Persons Handling Revenues and Banks Receiving Deposits. The City Council will
cause persons handling revenues of the water and sewer plant and system to be bonded in
reasonable amounts for the protection of the City and the bondholders and will cause the
13
funds collected on account of the operations of the water and sewer plant and system to be
deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance
Law.
(e) Insurance. The Council will keep the water and sewer plant and system insured at
all times against loss by fire, tornado and other risks customarily insured against with an
insurer or insurers in good standing, in such amounts as are customary for like plants, to
protect the holders, from time to time, of the Bonds and the City from any loss due to any
such casualty and will apply the proceeds of such insurance to make good any such loss.
(f) Performance of Duties. The City and each and all of its officers will punctually
perform all duties with reference to the water and sewer plant and system as required by
law.
(g) Pledge to Produce Revenues. The City will impose and collect charges of the nature
authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required
to produce, net revenues adequate to pay all principal and interest when due on the Utility
Revenue Bonds portion of the Bonds and to create and maintain such reserves securing said
payments as may be provided in this resolution.
(h) Payment of Deficiencies, if Any. The City Council will levy general ad valorem
taxes on all taxable property in the City, when required to meet any deficiency in net
revenues.
4.04. Pledge of Taxes. It is determined that at least 20% of the cost of the Assessable
Improvements will be specially assessed against benefited properties. For the purpose of paying
the principal of and interest on the Improvement Bonds portion of the Bonds, there is levied a
direct annual irrepealable ad valorem tax (the "Taxes") upon all of the taxable property in the
City, which will be spread upon the tax rolls and collected with and as part of other general taxes
of the City. The taxes will be credited to the Improvement Account of the Debt Service Fund
above provided and will be in the years and amounts as follows (year stated being year of levy
collection):
Year Levy
(See Exhibit A)
4.05. Certification to Manager of Pro pert V Records & Taxation as to Debt Service Fund
Amount. (a) It is hereby determined that the estimated collections of Assessments and the
foregoing Taxes will produce at least five percent in excess of the amount needed to meet when
due the principal and interest payments on the Improvement Bonds portion of the Bonds. The
tax levy herein provided is irrepealable until all of the Bonds are paid, provided that at the time
the City makes its annual tax levies the City Manager may certify to the Manager of Property
Records & Taxation of Anoka County the amount available in the Improvement Account of the
Debt Service Fund to pay principal and interest due during the ensuing year, and the Manager of
14
Property Records & Taxation will thereupon reduce the levy collectible during such year by the
amount so certified.
(b) It is hereby determined that the estimated collection of net revenues for the
payment of principal and interest on the Utility Revenue Bonds portion of the Bonds will
produce at least five percent in excess of the amount needed to meet, when due, the principal and
interest payments on such portion of the Bonds and that no tax levy is needed at this time with
respect to the Utility Revenue Bonds portion of the Bonds.
4.06. Manager of Property Records & Taxation Certificate as to Registration. The City
Manager is directed to file a certified copy of this Resolution with the Manager of Property Records
& Taxation of Anoka County and obtain the certificate required by Minnesota Statutes, Section
475.63.
Section 5.
Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of
proceedings and records of the City relating to the Bonds and to the financial condition and affairs
of the City, and such other certificates, affidavits and transcripts as may be required to show the
facts within their knowledge or as shown by the books and records in their custody and under their
control, relating to the validity and marketability of the Bonds, and such instruments, including any
heretofore furnished, will be deemed representations of the City as to the facts stated therein.
5.02. Certification as to Official Statement. The Mayor, City Manager and Finance
Director are authorized and directed to certify that they have examined the Official Statement
prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of
their knowledge and belief the Official Statement is a complete and accurate representation of the
facts and representations made therein as of the date of the Official Statement.
5.03. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the
amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts
payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company,
Minneapolis, Minnesota on the closing date for further distribution as directed by the City's
financial adviser, Ehlers & Associates, Inc.
Section 6.
Tax Covenant.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation under
the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations
promulgated thereunder, in effect at the time of such actions, and that it will take or cause its
officers, employees or agents to take, all affirmative action within its power that may be necessary
to ensure that such interest will not become subject to taxation under the Code and applicable
15
Treasury Regulations, as presently existing or as hereafter amended and made applicable to the
Bonds.
6.02. No Rebate Required. (a) The City will comply with requirements necessary
under the Code to establish and maintain the exclusion from gross income of the interest on the
Bonds under Section 103 of the Code, including without limitation requirements relating to
temporary periods for investments, limitations on amounts invested at a yield greater than the yield
on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds
(together with other obligations reasonably expected to be issued in calendar year 2006) exceed the
small-issuer exception amount of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities
of the City) during the calendar year in which the Bonds are issued and outstanding at one time is
not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the
Code.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the
Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of
the Code.
6.04. Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the
following factual statements and representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City designates the Bonds as "qualified tax -exempt obligations" for purposes
of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all
subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2006 have been designated for purposes of Section 265(b )(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
16
Section 7.
Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten
or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon
initial issuance, the ownership of each Bond will be registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the
outstanding Bonds will be registered in the registration books kept by the Registrar in the name of
Cede & Co., as nominee ofDTC.
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository
(the "Participants") or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat
and consider the person in whose name each Bond is registered in the registration books kept by the
Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal,
premium and interest with respect to such Bond, for the purpose of registering transfers with respect
to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if
any, and interest on the Bonds only to or on the order of the respective registered owners, as shown
in the registration books kept by the Registrar, and all such payments will be valid and effectual to
fully satisfy and discharge the City's obligations with respect to payment of principal of, premium,
if any, or interest on the Bonds to the extent of the sum or SlL'l1S so paid. No person other than a
registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a
certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City
Manager of a written notice to the effect that DTC has determined to substitute a new nominee in
place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon
receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar
and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the "Representation Letter") which will govern
payment of principal of, premium, if any, and interest on the Bonds and notices with respect to
the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to
the Bonds will agree to take all action necessary for all representations of the City in the
Representation letter with respect to the Registrar and Paying Agent, respectively, to be
complied with at all times.
17
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests in
the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owner in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Registrar will authenticate
Bond certificates in accordance with this resolution and the provisions hereof will apply to the
transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8.
Continuing Disclosure.
8.01. Limited Continuing Disclosure. In order to qualify the Bonds for limited
continuing disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules,
Section 15c2-12 (the "SEC Rule"), the City makes the following factual statement and
representation: As of the date of delivery of the Bonds, the City will not be an obligated person
(as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate
amount of outstanding municipal securities, including the Bonds and excluding municipal
securities that were exempt from the SEC Rule pursuant to paragraph (d)(1) thereof.
8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covemults and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution,
failure of the City to comply with the Continuing Disclosure Certificate will not be considered an
event of default with respect to the Bonds; however, any Bondholder may take such actions as
may be necessary and appropriate, including seeking mandate or specific performance by court
order, to cause the City to comply with its obligations under this section.
8.03. Execution of Continuing Disclosure Certificate. "Continuing Disclosure
Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and
City Manager and dated the date of issuance and delivery of the Bonds, as originally executed
and as it may be amended from time to time in accordance with the terms thereof.
18
Section 9. Defeasance. When all Bonds (or all of either the Improvement Bonds or
Utility Revenue Bonds portion thereof) have been discharged as provided in this section, all
pledges, covenants and other rights granted by this resolution (with respect to the Improvement
Bonds or Utility Revenue Bonds portion of the Bonds, as the case may be) to holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and
full payment of the principal of and interest on the Bonds will remain in full force and effect.
The City may discharge all Bonds (or all of either the Improvement Bonds or Utility Revenue
Bonds portion thereof) which are due on any date by depositing with the Registrar on or before
that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when
due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the
payment thereof in full with interest accrued to the date of such deposit.
(The remainder of this page is intentionally left blank.)
19
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
20
STATE OF MINNESOTA )
)
COUNTY OF ANOKA ) SS.
)
CITY OF COLUMBIA HEIGHTS )
I, the undersigned, being the duly qualified and acting Manager of the City of Columbia
Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached
and foregoing extract of minutes of a regular meeting of the City Council of the City held on
November 13, 2006 with the original minutes on file in my office and the extract is a full, true and
correct copy of the minutes insofar as they relate to the issuance and sale of $4,075,000 General
Obligation Improvement and Utility Revenue Bonds, Series 2006A ofthe City.
WITNESS My hand officially as such Manager and the corporate seal of the City this
day of November, 2006.
City Manager
Columbia Heights, Minnesota
(SEAL)
STATE OF MINNESOTA
MANAGER OF PROPERTY RECORDS
& TAXATION'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
COUNTY OF ANOKA
I, the undersigned Manager of Property Records & Taxation of Anoka County,
Minnesota, hereby certify that a resolution adopted by the City Council of the City of Columbia
Heights, Minnesota, on November 13, 2006, levying taxes for the payment of $4,075,000
General Obligation Improvement and Utility Revenue Bonds, Series 2006A, dated as of December
7, 2006, has been filed in my office and said obligations have been registered on the register of
obligations in my office and that such tax has been levied as required by law.
WITNESS My hand and official seal this _ day
2006.
Manager of Property Records & Taxation
Anoka County, Minnesota
(SEAL)
Deputy
YEAR *
EXHIBIT A
TAX LEVY SCHEDULE
TAX LEVY
*Year tax levy collected.
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
A-I
$ 15,783
148,263
178,682
196,922
229,651
102,990
106,739
101,652
104,055
116,748